Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant.
Appears in 4 contracts
Sources: Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc)
Alterations. Except as provided in the immediately preceding subparagraph, and except for non-structural Alterations that and non-Building system alterations not in excess of Seventy-Five Thousand Dollars (i$75,000) do not exceed $5,000 in any Lease Year, Tenant shall make no alterations or additions to the aggregatePremises (“Alterations”) without the prior written consent of Landlord, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or wallswhich consent may be withheld in Landlord’s reasonable discretion, and (v) do not require work within then only by contractors or mechanics approved by Landlord in writing and upon the wallsapproval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, below the floor or above the ceilingto be prepared and submitted by Tenant, at its sole cost and expense. Tenant shall, at its sole cost and expense, obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. If Landlord, in approving any Alterations, specifies a reasonable commencement date therefor, Tenant shall not make commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or permit any Alterations in or material supplied to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf at the request of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of any Alterations. If permitted Alterations are made, they shall be made at Tenant’s plans sole cost and specifications, expense and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord, except that Landlord unless Landlord gives may, provided notice is given to Tenant at the time Landlord approves such Alteration, require Tenant, at Tenant’s expense, to remove itall partitions, in which event Tenant will remove itcounters, will railings and other Alterations installed by Tenant, and to repair any resulting damage and will restore damages to the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at caused by such removal upon the expiration or earlier termination of this Leasethe Term. Tenant If Landlord’s approval is not required in connection with an Alteration, Landlord may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and require removal of them will not affect such Alteration, as aforesaid, at any structural portion time within thirty (30) days after Tenant’s written request for a determination by Landlord as to whether such Alteration shall be removed upon the expiration or earlier termination of the Property, any Term. Any and all costs attributable to or related to the applicable building codes of the city in which the Building System is located (or any other equipment authority having jurisdiction over the Building) arising from Tenant’s plans, specifications, improvements, alterations or facilities serving the Building otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any occupantother work arising from or related to this Article 5, Landlord shall be entitled to receive an administrative fee of two percent (2%). The construction of initial improvements to the Premises shall be governed by the terms of the Tenant work letter, attached hereto as Exhibit C, and not the terms of this Article 5.
Appears in 4 contracts
Sources: Consent to Sublease (Editas Medicine, Inc.), Sublease (Editas Medicine, Inc.), Sublease (Editas Medicine, Inc.)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations alterations in or to the Leased Premises without first obtaining Landlord’s consentunless and until the plans have been approved by Landlord in writing, which consent approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. With Notwithstanding the foregoing, Tenant shall have the right without Landlord's consent, and in compliance with all other provisions of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any Alterations alterations permitted to be made by or on behalf Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of Tenant (whether or the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, be removed by Tenant. Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing ensure that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration all alterations shall be constructed made in accordance with new materialsall applicable laws, regulations and building codes, in a good and workmanlike mannermanner and of quality equal to or better than the original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and nothing in compliance with all Laws and this Lease shall be construed to constitute a consent by Landlord to the plans and specifications delivered tocreation of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenant, and, if required above, approved by Landlord, (iv) Tenant shall pay cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all reasonable costs costs, losses, expenses and expenses attorneys' fees in connection with Landlord’s review of Tenant’s plans and specificationsany construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantrelated lien.
Appears in 4 contracts
Sources: Office Lease (Interactive Intelligence Group, Inc.), Office Lease (Interactive Intelligence Group, Inc.), Office Lease (Interactive Intelligence Group, Inc.)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make additions, alterations, changes or permit any Alterations improvements in or to the Leased Premises or any part thereof (excluding trade fixtures and typical office partitions) without first obtaining the prior written consent of Landlord’s consent, which consent shall not be unreasonably withheld. With withheld with respect to any Alterations made by alterations, changes or on behalf improvements which do not affect the structure, tenant improvements, or outward appearance of Tenant (whether the Leased Premises. In the event that Landlord consents to such additions, alterations, changes or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alterationimprovements, Tenant shall deliver to Landlord the plansthen all additions, specifications and necessary permits for the Alterationalterations, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated changes or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration improvements shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of at Tenant’s plans sole expense and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alterationupon completion thereof, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be become the property of Tenant until Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease; , and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Building, Project and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to remove itor affect Landlord’s interest in the Project, in which event Tenant will remove itBuilding, will repair Leased Premises, or Park as a result thereof. Landlord hereby reserves the right at any resulting damage time and will restore from time to time, during the Premises term hereof, to make any additions, alterations, changes or improvements (including without limitation, building additional stories) on, in, or to the condition existing prior Building and Project, and to build additional structures adjoining thereto, provided same does not unreasonably interfere with Tenant’s Alterationuse of the Leased Premises. At Any of Tenant’s request prior alterations, additions, changes or improvements shall be made at such times and in such manner as not to Tenant making any Alterationsunreasonably interfere with the occupation, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture use and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion enjoyment of the Property, any Building System or any remainder of the Project by the other equipment or facilities serving the Building or any occupanttenants thereof.
Appears in 4 contracts
Sources: Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in 3.9.1 Not to make any alterations or additions to, or affecting the aggregate, (ii) are not visible from the structure or exterior of the Premises, (iii) do not affect any Building System Premises or the structural strength appearance of the Premises as seen from the exterior.
3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building, (iv) do not require penetrations into .
3.9.3 Not without the floor, ceiling consent of the Landlord to make any other alterations or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without first obtaining Landlord’s consent, which such consent shall not be unreasonably withheld. With respect to any Alterations made by if the plans of the partitions (or on behalf details of Tenant (whether the alteration or not removal of partitioning) are deposited with the Alteration requires Landlord’s consent): (i) Landlord not less than 10 7 days prior before such works commence).
3.9.4 If any of the alterations or additions to commencing any Alteration, Tenant shall deliver the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure:
(a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and
(b) at the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval reasonable request, the delivery to the Landlord of any contractor or subcontractor, (iii) duty of care undertakings in terms acceptable to the Alteration shall be constructed with new materials, in a good Landlord by the contractors carrying out the alterations and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, additions and, if required aboveas the case may be, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses the consultants engaged in connection with their design or supervision.
3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s review of Tenant’s plans surveyor and specifications, and of any supervision or inspection of taking into account the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, obligation in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantClause 3.7.1(a).
Appears in 4 contracts
Sources: Lease (Learning Tree International Inc), Lease (Learning Tree International Inc), Lease (Learning Tree International Inc)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 as otherwise expressly set forth in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceilingthis Section, Tenant shall not make or permit allow to be made any Alterations in structural, non-structural or cosmetic alterations, additions, modifications, or improvements to the Premises (“Alterations”) without first obtaining Landlord’s express written consent, which consent shall not may be unreasonably withheld. With respect to any Alterations made by granted or on behalf of Tenant (whether or not the Alteration requires denied in Landlord’s consent): (i) not less than 10 days prior to commencing any Alterationsole discretion. Furthermore, Tenant shall deliver to L▇▇▇▇▇▇▇’s consent hereunder may be conditioned upon the requirement that upon demand by Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the on expiration or earlier termination of this Lease; , Tenant, at that time without payment by Tenant’s sole cost and expense, shall remove any such Alterations and restore the portion of the Premises so altered to its original condition, reasonable wear and tear excepted. Unless Landlord the Alteration requires otherwise, all Alterations shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore shall be surrendered with the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterationsas a part thereof, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or earlier termination of this the Lease. Notwithstanding anything to the contrary set forth in this Section 9.2, Tenant may install its trade fixtures, furniture and equipment in shall be allowed to make non-structural Alterations to the PremisesPremises without Landlord’s prior approval, provided such Alterations shall not exceed $5,000 in total cost including materials, design and construction costs; and, provided further that such alterations shall not include alteration of the installation and removal of them will not affect Landlord or Tenant Electrical Systems, any structural portion of the PropertyBuilding or Premises plumbing system, any Building System portion of the Landlord HVAC System, or ceiling grid. In the event Tenant desires to complete any Alterations not otherwise requiring Landlord’s approval, Tenant shall provide Landlord with written notice of its intent to complete such Alterations not less than 30 days prior to the date on which Tenant intends to start such alterations and such notice shall include a reasonable description of the work to be completed. Notwithstanding the foregoing, Landlord shall have the right to specify the day(s) of the week and the time of day that any such work can be completed by Tenant; in this regard, Landlord expressly retains the right to dictate that any such Alterations must be completed on weekends, after customary business hours, or at such other equipment dates and times as the building is not open to the public. In the event Tenant desires to complete Alterations requiring Landlord’s approval, Tenant shall provide Landlord with written notice of its intent to complete such Alterations not less than 120 days prior to the date on’ which Tenant intends to start such alterations and such notice shall include a detailed scope of work and the anticipated start and end dates for construction. All such Alterations (a) shall equal or facilities serving exceed the then-current standard for the Building and shall utilize only new, first or top-grade materials, (b) shall be completed in conformity with all applicable laws, ordinances, regulations and requirements, after obtaining any occupantrequired permits and licenses, (c) shall be commenced only upon Landlord’s express written approval of detailed construction plans and specifications, (d) shall be commenced only after Tenant has provided to Landlord such indemnification or bonds, including, without limitation, a performance and completion bond, in such form and amount as may be satisfactory to Landlord, to protect against claims and liens for labor performed and materials furnished, and to insure the completion of any change, addition or improvement, (e) shall be carried out by persons approved in writing by L▇▇▇▇▇▇▇, who, if required by Landlord, deliver to Landlord before commencement of their work proof of such insurance coverage as Landlord may require, with Landlord named as an additional insured, and (f) shall be done only at such time and in such manner as Landlord may reasonably specify. Tenant shall indemnify, defend and hold harmless Landlord from and against all liens, claims, damages, losses, liabilities and expenses, including attorneys’ fees, which may arise out of, or be connected in any way with any Alterations. Within ten (10) days following the imposition of any lien resulting from any Alterations, Tenant shall cause such lien to be released of record by payment of money or posting of a proper bond.
Appears in 4 contracts
Sources: Lease Agreement (Fatpipe Inc/Ut), Lease Agreement (Fatpipe Inc/Ut), Lease Agreement (Fatpipe Inc/Ut)
Alterations. Except for non-structural Alterations that (ia) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit allow to be made any Alterations alterations, additions, or improvements in or to the Premises (collectively, “Alterations”) without first obtaining Landlord’s written consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by granted or on behalf of Tenant (whether or not the Alteration requires denied in Landlord’s consent): sole discretion.
(ib) not less than 10 days prior to commencing any Alteration, Tenant ▇▇▇▇▇▇ agrees that all such work shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that be done at Tenant’s contractors sole cost and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust expense and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, that the structural integrity of the Building shall not be impaired, and in compliance with that no liens shall attach to all Laws and or any part of the plans and specifications delivered toPremises, andthe Building, if required above, approved or the Property by Landlord, (iv) reason thereof. Tenant shall pay obtain, at its sole expense, all permits required for such work.
(c) Unless otherwise elected by Landlord as hereinafter provided, all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration Alterations made by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless and shall be surrendered to Landlord gives notice on or before the Lease Expiration Date except as otherwise set forth in this Lease. Notwithstanding the foregoing, movable equipment, trade fixtures, personal property, furniture, or any other items that can be removed without material harm to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises will remain Tenant’s property (collectively, “Tenant Owned Property”) and shall not become the property of Landlord but shall be removed by Tenant, at Tenant’s sole cost and expense, not later than the Lease Expiration Date. Tenant shall repair at its sole cost and expense all damage caused to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making Premises or the Building by the removal of any Alterations, Landlord will notify Tenant whether Alterations that Tenant is required to remove or Tenant Owned Property. Landlord may remove any Tenant Owned Property or Alterations that Tenant is required but fails to remove at the Alterations at Lease Expiration Date and Tenant shall pay to Landlord the reasonable cost of removal. Tenant’s obligations under this Section 8 shall survive the expiration or earlier termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant.
Appears in 3 contracts
Sources: Lease Agreement (Greenland Technologies Holding Corp.), Lease Agreement (Greenland Technologies Holding Corp.), Lease Agreement (Greenland Technologies Holding Corp.)
Alterations. (a) Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceilingas hereinafter expressly provided, Tenant shall not make or permit to be made any Alterations alterations, additions, changes or improvements in or to the Leased Premises or any part thereof which would cost in excess of Twenty-Five Thousand Dollars ($25,000) without first obtaining the written consent of Landlord thereto (which consent Landlord agrees not to unreasonably withhold, condition or delay, provided Tenant has fully complied with each and every term, covenant and condition in this Lease and, with respect to such alterations, additions, changes or improvements, has provided Landlord with such liability insurance policies and/or surety bonds as Landlord may reasonably request). Notwithstanding the foregoing, Tenant shall not make or permit to be made any alterations, additions, changes or improvements in or to the structural components of the Leased Premises (regardless of cost) without first obtaining the written consent of Landlord, which otherwise shall be subject to the foregoing terms and conditions.
(b) Before requesting Landlord’s consent, Tenant shall submit to Landlord detailed plans and specifications in duplicate of such proposed alterations, changes, additions or improvements, one of which copies may be retained by Landlord. Landlord shall be entitled to withhold its consent shall not be unreasonably withheld. With respect to any Alterations made such alterations, additions, changes, or improvements, until such time as Tenant provides Landlord with reasonable evidence of the approval of such alterations, additions, changes or improvements by any and all municipal, state, federal or on behalf other governmental or other authorities, offices and departments now existing or hereafter created having jurisdiction over the Premises, and of Tenant (whether the Board of Fire Underwriters or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alterationother like body, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) which approvals Tenant shall obtain at its own cost and expense.
(c) Landlord’s prior written approval , its architect, agents and employees, shall, upon reasonable notice, have the right to enter upon the Leased Premises in a reasonable manner and at all reasonable times during the course of any contractor such alterations, additions, changes or subcontractor, (iii) improvements for the Alteration shall be constructed with new materials, in a good purpose of inspection and workmanlike manner, and in compliance with all Laws and of finding out whether such work conforms to the approved plans and specifications delivered toand with the agreements herein contained.
(d) Any and all alterations, andadditions, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs improvements and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration changes made by Tenant at any time and all governmental approvals therefor shall immediately be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice without any payment therefor by Landlord; provided, however, that it is expressly understood and agreed that any trade fixtures or other fixtures added by Tenant (other than those which are required by the terms of this Lease to be provided by Tenant as a result of its obligation to remove itrepair or replace property furnished by Landlord) shall remain the property of Tenant and may be removed by Tenant, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to at Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterationsexpense, Landlord will notify Tenant whether Tenant is required to remove the Alterations at upon the expiration or earlier termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation any damage caused thereby is immediately repaired by Tenant.
(e) Tenant, at its own cost and removal of them expense, will not affect cause any structural portion and all mechanics’ liens and perfections of the Propertysame which may be filed against the Leased Premises to be paid and satisfied of record within thirty (30) days after Landlord shall send to Tenant written notice by registered mail of the filing of any notice thereof against the Premises or the owner, any Building System for or any purporting to be for labor or materials alleged to be furnished or to be charged by or for Tenant at the Leased Premises, or will bond such mechanics’ liens within said thirty (30) day period and use its good faith efforts to have such liens discharged by an order of a court of competent jurisdiction as promptly as possible.
(f) Any alterations, improvements or other equipment work once begun must be prosecuted with reasonable diligence to completion and, subject to the provisions of Subsection 12(e), above, be paid for by Tenant in full, free and clear of liens or facilities serving encumbrances against the Building Leased Premises or any occupantLandlord, and must be performed in all respects in accordance with law.
Appears in 3 contracts
Sources: Lease Agreement (Northern Power Systems Corp.), Lease Agreement (Northern Power Systems Corp.), Purchase and Sale Agreement (Wind Power Holdings Inc)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregateAny alterations, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, additions and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations improvements in or to upon the Subleased Premises without first obtaining Landlord’s consentshall be made by Tenant only after prior written consent by Sublessor, which consent shall not be unreasonably withheldwithheld if Landlord consents thereto. With respect to any Alterations made Upon the termination of the term hereof, all such alterations, additions and improvements (except personal property, business and trade fixtures, machinery and equipment, furniture and movable partitions owned by or on behalf Tenant) shall be and remain part of the Subleased Premises and shall not be removed by Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alterationunless such removal is required by Sublessor, in which case Tenant shall deliver remove the same and restore the Subleased Premises to Landlord the planssame condition in which they were on the date hereof, specifications reasonable and necessary permits for the Alterationordinary wear and tear excepted. Personal property, together with certificates evidencing that Tenant’s contractors business and subcontractors have adequate insurance coverage naming Landlordtrade fixtures, Liberty Property Trust machinery and any other associated or affiliated entity as their interests may appear as additional insuredsequipment, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good furniture and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration movable partitions owned by Tenant shall be and remain the property of Tenant until and may be removed by Tenant at any time during the expiration term hereof when Tenant is not in default hereunder. Tenant covenants and agrees to indemnify Sublessor and Landlord against, and hold Sublessor and Landlord harmless from, all liens, whether for labor or termination materials arising as the result of alterations, additions, repairs, or improvements to the Subleased Premises made by Tenant during the term of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantSublease.
Appears in 3 contracts
Sources: Purchase and Sale Agreement (Bison Instruments Inc), Lease Termination Agreement (Bison Instruments Inc), Lease Termination Agreement (Bison Instruments Inc)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in After the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceilingCommencement Date, Tenant shall not make or permit any Alterations in, on or about the Premises, except for nonstructural Alterations not exceeding Twenty-Five Thousand and no/100ths Dollars ($25,000.00) in or to cost during any twelve (12) month period, without the Premises without first obtaining prior written consent of Landlord’s consent, which consent shall not be unreasonably withheld, and according to plans and specifications reasonably approved in writing by Landlord. With respect to Notwithstanding the foregoing, Tenant shall not, without the prior written consent of Landlord, make any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior alterations to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for exterior of the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, Building; (ii) Tenant shall obtain Landlord’s prior written approval alterations to and penetrations of any contractor the roof of the Building; or subcontractor, (iii) alterations visible from outside the Alteration Building to which Landlord may withhold Landlord's consent on wholly aesthetic grounds. All Alterations shall be constructed installed at Tenant's sole expense, in compliance with new materialsall applicable laws and permit requirements by a licensed contractor, shall be done in a good and workmanlike mannermanner conforming in quality and design with the Premises existing as of the Commencement Date, and in compliance with all Laws and shall not diminish the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review value of Tenant’s plans and specifications, and of any supervision either the Building or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such constructionPremises. Any Alteration All Alterations made by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless upon installation and shall not be deemed Tenant's Personal Property; provided, however, that Landlord gives notice to may, at its option, require that Tenant, at Tenant's expense, remove any or all Alterations installed by Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore return the Premises to their condition as of the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination Commencement Date of this Lease, normal wear and tear excepted and subject to the provisions of Paragraph 23. If Tenant may install its trade fixturesremoves any Alterations as required or permitted herein, furniture Tenant shall repair any and equipment all damage to the Premises caused by such removal and return the Premises to their condition as of the Commencement Date, normal wear and tear excepted and subject to the provisions of Paragraph 22. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any Alterations made by it to the Premises. The provisions of this Paragraph 12 shall not apply to the Tenant Improvements which shall be governed by the provisions set forth in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant.Work Letter Agreement attached as EXHIBIT D.
Appears in 3 contracts
Sources: Standard Single Tenant Lease Triple Net (Media Arts Group Inc), Standard Single Tenant Lease Triple Net (Media Arts Group Inc), Standard Single Tenant Lease Triple Net (Media Arts Group Inc)
Alterations. Except for non-structural Alterations Subject to the requirements of Article IX below and any insurers providing insurance coverage thereto, Tenant may make, at its sole cost and expense, such alterations, improvements and additions of any kind to the Premises (collectively referred to herein as the “Alterations”) as Tenant deems desirable in the conduct of its business provided that such Alterations: (ia) do not exceed $5,000 in reduce, diminish or otherwise adversely affect the aggregate, (ii) are not visible from the exterior fair market value or utility of the Premises, or any part thereof; (iiib) do not reduce, diminish or otherwise adversely affect any Building System or the structural strength useful life of the BuildingPremises, or any part thereof; and/or (ivc) do not require penetrations into change the floorgeneral character or use of the Premises or any part thereof. All alterations, ceiling improvements, expansions and additions to the Premises, or wallsany part thereof, shall be made in a good and (v) do workmanlike manner and in compliance with applicable laws, ordinances, rules, regulations, codes and requirements and any recorded covenants, conditions or restrictions relating to the Premises, or any part thereof. All alterations, improvements, expansions and additions which are not require work within movable trade fixtures shall be the wallsproperty of Landlord and shall remain upon and be surrendered with the Premises. To the extent such Alterations involve changes to the structure or systems of the Premises, below the floor as reasonably determined by Tenant’s architect or above the ceilingengineer, Tenant shall not make or permit any Alterations in or furnish to Landlord, prior to the Premises without first obtaining commencement of construction, the proposed plans and specifications for Landlord’s consentapproval, which consent approval shall not be unreasonably withheld. With respect to any Alterations made by , conditioned or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike mannerdelayed, and in compliance with all Laws and the upon completion of construction, “as-built” plans and specifications delivered tofor such Alterations. Landlord shall provide Tenant with its objections, andin writing, if required above, approved by Landlord, to Tenant’s proposed plans and specifications within fifteen (iv15) days after receipt from Tenant. Tenant shall pay submit revised plans and specifications until such time as Landlord all reasonable costs and expenses in connection with Landlord’s review of has approved Tenant’s proposed plans and specifications for such Alterations. If Landlord fails to object, in writing, to Tenant’s proposed plans and specifications within fifteen (15) days after receipt from Tenant, Landlord shall be deemed to have approved such proposed plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant.
Appears in 3 contracts
Sources: Master Lease (Foundation Healthcare, Inc.), Master Lease (Graymark Healthcare, Inc.), Master Lease (Graymark Healthcare, Inc.)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate2.5.1 Tenant may make alterations, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System additions or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or improvements to the Premises without first obtaining Landlord’s consent(“Alterations”) only with the prior written consent of Landlord which, which consent with respect to alterations not affecting the structural components of the Premises or utility systems therein, shall not be unreasonably withheld. With respect to any Alterations made by , conditioned, or on behalf of Tenant (whether or not the Alteration requires Landlorddelayed.
2.5.2 Tenant’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver written request to Landlord for Alterations must include the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that names of Tenant’s contractors and subcontractors have adequate insurance coverage naming reasonably detailed plans and specifications for proposed Alterations.
2.5.3 Landlord must respond to Tenant’s written request for Alterations within thirty (30) days of receiving said request.
2.5.4 The term “Alterations” does not include installation of shelves, movable partitions, Tenant’s equipment, and trade fixtures that may be performed without damaging existing improvements or the structural integrity of the Premises; Landlord, Liberty Property Trust and any other associated ’s consent shall not be required for Tenant’s installation or affiliated entity as their interests may appear as additional insureds, (ii) removal of such items.
2.5.5 Tenant shall obtain Landlordperform all work related to Alterations of the Premises at Tenant’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and expense in compliance with all Laws applicable laws and the shall complete all Alterations in accordance with plans and specifications delivered to, and, if required above, approved in writing by Landlord, (iv) using contractors approved in writing by Landlord.
2.5.6 Tenant shall pay Landlord when due, or furnish a bond for payment of, all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision claims for labor or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request materials furnished to or for Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration at or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment for use in the Premises, provided that which claims are or may be secured by any mechanics’ or materialmens’ liens against the installation Premises or any interest therein.
2.5.7 Tenant shall remove all Alterations at the end of the Lease Term unless Landlord consents in writing for Tenant to leave specified Alterations at the Premises, in which case Tenant shall not remove such Alterations and they shall become Landlord’s property. Tenant shall immediately repair any damage to the Premises caused by removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantAlterations.
Appears in 2 contracts
Sources: Sublease Agreement (Indie Growers Association), Sublease Agreement (Indie Growers Association)
Alterations. Except for non-structural Alterations that (ia) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit suffer to be made any Alterations alterations, additions or improvements costing in excess of $50,000 per project (collectively, “Alterations”) in, on or to the Premises or any part thereof without first obtaining the prior written consent of Landlord’s consent, which consent shall not be unreasonably withheld, conditioned or delayed. With respect to any Alterations made by or on behalf However, regardless of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing cost of any Alteration, Tenant if such Alteration would affect the structural integrity or exterior of the Premises, then Landlord shall deliver have the right to Landlord withhold consent to such Alteration at Landlord’s discretion. Any Alterations in, on or to the plansPremises, specifications and necessary permits except for the Alteration, together with certificates evidencing that Tenant’s contractors movable furniture and subcontractors have adequate insurance coverage naming Landlordequipment, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain become Landlord’s prior written approval property at the end of the Term and shall remain on the Premises without compensation to Tenant. In the event Landlord consents to the making of any contractor or subcontractorAlterations by Tenant, (iii) the Alteration same shall be constructed made by Tenant, at Tenant’s sole cost and expense, substantially in accordance with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, and any contractor or person selected by Tenant to make the same must be first approved in writing by Landlord, who shall not unreasonably withhold, delay or condition such consent. Tenant shall give to Landlord at least five (5) business days prior notice of commencement of any construction on the Premises.
(b) Notwithstanding anything herein to the contrary, Tenant shall have the right from time to time without Landlord’s consent, but with notice and provision of plans to Landlord, to: (i) relocate electrical outlets; (ii) install and remove permanent workstations (though not cubicles); (iii) install and remove Tenant’s hard-wired equipment and perform cable pulls in connection therewith; and (iv) install and remove carpeting and other floor coverings; provided that such alterations, improvements or additions do not affect the base building structural, mechanical, or electrical systems or materially adversely affect other tenants in the Building, in which case Tenant shall pay must receive Landlord all reasonable costs consent as provided in subsection (a), above.
(c) Tenant, at its expense and expenses at any time and from time to time, may install in connection with Landlord’s review of and remove from the Premises Tenant’s plans property, including, without limitation, its trade fixtures, equipment, removable walls and specificationswall systems, furniture and of furnishings, provided such installation is accomplished without damage to Building and Tenant repairs any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of damage occasioned by such constructionremoval. Any Alteration by Tenant Fixtures other than trade fixtures shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or earlier termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant.
Appears in 2 contracts
Alterations. Except for non-structural Alterations alterations and alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System building HVAC, plumbing or the structural strength other systems all of the Building, (iv) do which not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceilingto exceed $25,000.00 per calendar year, Tenant shall not make or permit any Alterations alterations in or to the Leased Premises without first obtaining unless and until Landlord has approved the plans therefor in writing. As a condition of such approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord’s consentoption become a part of the realty and the property of Landlord, which consent and shall not be unreasonably withheldremoved by Tenant. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing ensure that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration all alterations shall be constructed made in accordance with new materialsall applicable laws, regulations and building codes, in a good and workmanlike mannermanner and of quality equal to or better than the original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and nothing in compliance with all Laws and this Lease shall be construed to constitute Landlord’s consent to the plans and specifications delivered tocreation of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenant, and, if required above, approved by Landlord, (iv) Tenant shall pay cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all reasonable costs costs, losses, expenses and expenses attorneys’ fees in connection with Landlord’s review of Tenant’s plans any construction or alteration and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantrelated lien.
Appears in 2 contracts
Sources: Lease (Material Sciences Corp), Lease (Material Sciences Corp)
Alterations. 6.1 Except for non-those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, or improvements, including but not limited to, the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord, except that Landlord’s consent shall not be required for any interior, nonstructural alteration, addition, or improvement that does not exceed Fifteen Thousand Dollars ($15,000) in cost per project so long as (a) such alteration, addition, or improvement does not impact the base structural Alterations that components or systems of the Building and (b) such alteration, addition or improvement is not visible from the outside of the Building. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) do are not exceed $5,000 structural in the aggregatenature, (ii) are not visible from the exterior of the Premises, Building (iii) do not affect any Building System or the structural strength require modification of the BuildingBuildings electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to cost more than $5.00 per rentable square foot of that portion of the Premises without first obtaining affected by the alterations in question.
6.2 Whether or not Landlord’s consentconsent is required for the making of any such alteration, which consent addition or improvement by Tenant, the same shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any using either Landlords contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, contractor reasonably approved by Landlord, (iv) in either event at Tenant’s sole cost and expense. If Tenant shall pay employ any contactor other than Landlords contactor and such other contactor or any subcontractor of such other contactor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all reasonable delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. Tenant may, at its option, engage Landlord to provide construction management services, and expenses in such event, Landlord may charge Tenant a construction management fee to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with Landlord’s review of Tenant’s plans the proposed work and specificationsthe design thereof, with all such amounts being due ten (10) days after Landlords written demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alterationconstruction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord reasonable security as Landlord shall reasonably require to assure payment of the costs thereof including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against liens arising out of such constructionany loss from any mechanic’s, materialmen’s or other liens. Any Alteration by Tenant shall be pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the property of Tenant until the expiration or termination of this LeaseTerm, as such increase is ascertainable; at that time without payment by Landlord Landlord’s election said sums shall be paid in the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alterationsame way as sums due under Article 4. At Tenant’s request prior upon Tenant’s application to Tenant Landlord for consent to the making any Alterationsof an alteration, Landlord will notify Tenant whether Tenant is required addition or improvement to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion Landlord shall advise Tenant as to whether Landlord requires Tenant to remove such alteration, addition or improvement upon expiration of the PropertyLease Term. In no event shall Tenant be obligated to remove any alteration, any Building System addition or improvement which exists upon the Premises on or before the execution of this Lease or any other equipment alteration, addition, or facilities serving improvement which Landlord had not advised Tenant to remove upon expiration of the Building Lease Term when consenting to such alteration, addition, or any occupantimprovement.
Appears in 2 contracts
Sources: Early Entry Agreement (Alder Biopharmaceuticals Inc), Early Entry Agreement (Alder Biopharmaceuticals Inc)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 as provided in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceilingimmediately preceding subparagraph, Tenant shall not make no structural or permit any Alterations in material alterations or additions to the Premises ("Alterations") or Alterations having a cost in excess of sixty thousand dollars ($60,000.00) in any one instance without first obtaining the prior written consent of Landlord’s consent, which consent shall not be withheld, delayed or conditioned, and then only by contractors or mechanics approved by Landlord in writing (which approval shall not be unreasonably withheld, delayed or conditioned) and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant, at its sole cost and expense. With respect Notwithstanding anything to the contrary contained herein, Tenant shall not be required to deliver plans and specifications to Landlord for non-structural alterations (i.e. alterations that do not affect the Building's structure or the Building's systems. Tenant shall, at its sole cost and expense, obtain all necessary approvals and permits pertaining to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord. Tenant hereby indemnifies, (iv) defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specificationsany Alterations. If permitted Alterations are made, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant they shall be the property of Tenant until the expiration or termination of this Lease; made at that time without payment by Landlord the Alteration Tenant's sole cost and expense and shall remain on the Property be and become the property of Landlord, except that specialty Alterations may be removed by Tenant at the end of the Term (and Tenant shall repair any damages to the Premises caused by such removal) provided, however, that Landlord unless may inform Tenant, if requested by Tenant at the time of the making of such Alteration, that Landlord gives notice to Tenant will require Tenant, at Tenant's expense, to remove it, any specialty Alteration at the end of the Term and to repair any damages to the Premises caused by such removal. Any and all costs attributable to or related to the applicable building codes of the city in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant Building is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System located (or any other equipment or facilities serving authority having jurisdiction over the Building Building) arising from Tenant's improvements shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any occupantother work arising from or related to this Article 5, Landlord shall be entitled to receive an administrative/supervision fee up to a maximum of five percent (5%), only in cases where Tenant orders the work directly from Landlord, in addition to a sum sufficient to compensate Landlord for all third party out-of-pocket costs of Landlord. The construction of initial improvements to the Premises shall be governed by the terms of the Tenant work letter, attached hereto as Exhibit C, and not the terms of this Article 5. Landlord shall not be due any review or management fee in connection with the construction of Tenant's Work or Tenant's move-in.
Appears in 2 contracts
Sources: Lease (Archemix Corp.), Lease (Archemix Corp.)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregateNo alteration, (ii) are not visible from the exterior of the Premisesaddition, (iii) do not affect any Building System improvement, or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations other change in or to the Leased Premises without first obtaining Landlord’s consent, which consent (hereinafter an “Alteration”) shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant except under the following circumstances: (whether or not the Alteration requires Landlord’s consent): (ia) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the no Alteration shall be constructed with new materialsmade without the prior written consent of Landlord to the specific Alteration, except usual nonstructural interior alterations that are wholly within the Leased Premises and that do not adversely affect any Building systems; (b) no Alteration shall be commenced until Tenant has first obtained and paid for all required permits and authorizations of all governmental authorities having jurisdiction; (c) any Alteration shall be made promptly and in a good and workmanlike manner, manner and in compliance with all Laws laws, ordinances, regulations, and requirements of all governmental authorities; (d) the plans cost of any such Alteration shall be paid in cash or its equivalent, so that the Leased Premises shall at all times be free of liens and specifications delivered toclaims for work, labor, or materials supplied or claimed to have been supplied to the Leased Premises and, if required aboveLandlord at any time so requests, approved by Landlord, (iv) no Alteration shall commence or proceed unless Tenant shall pay gives evidence reasonably satisfactory to Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, that such Alteration will be fully paid for upon completion; and (ve) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be immediately become and remain the property of Landlord. Landlord shall have the right at its option to require Tenant until to remove any Alteration and to restore the expiration or Leased Premises to the same condition as before the Alteration was made, so long as Landlord has expressly stated such removal requirement at the time of Landlord’s consent to the construction of such Alteration. Notwithstanding the foregoing, Landlord hereby states that all Tenant Improvements are permitted to remain in the Leased Premises, without any removal obligation of Tenant, upon termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantlease.
Appears in 2 contracts
Sources: Office Lease Agreement (Root, Inc.), Office Lease Agreement (Root Stockholdings, Inc.)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make no alterations. installations, changes or permit any Alterations additions in or to the Premises or the Project (collectively, “Alterations”) without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written consent, provided that such consent may not be unreasonably withheld if the Alterations are reasonably necessary for the Tenant’s business and are within the general scope of the Tenant Improvements. Any Alterations approved by Landlord must be performed in accordance with the terms hereof, using only contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any contractor or subcontractor, (iii) the Alteration Alterations approved by Landlord. Tenant shall cause all Alterations to be constructed with new materials, performed in a good and workmanlike manner, in conformance with all applicable federal, state, county and municipal laws, rules and regulations, pursuant to a valid building permit, and in compliance conformance with all Laws Landlord’s construction rules and the plans and specifications delivered to, and, if required above, approved by regulations. If Landlord, (iv) in approving any Alterations, specifies a commencement date therefor, Tenant shall pay not commence any work with respect to such Alterations prior to such date. Tenant hereby agrees to indemnify, defend, and hold Landlord free and harmless from all reasonable costs liens and expenses claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant.
Appears in 2 contracts
Sources: Standard Office Lease (Castle Biosciences Inc), Standard Office Lease (Castle Biosciences Inc)
Alterations. Except for non-structural Alterations as outlined in paragraph 20 herein, Tenant will not make, or permit anyone to make, any alterations in or additions to the Premises or Building; nor will it install any equipment of any kind that (i) do not exceed $5,000 will require any alterations in or additions to the aggregatewater system, (ii) are not visible from the exterior of the Premisesplumbing system, (iii) do not affect any Building System heating system, air conditioning system, or the structural strength electrical system, without the prior written consent of the BuildingLandlord. If such consent shall be given by Landlord, (iv) do not require penetrations into the floor, ceiling or walls, all such work shall be at Tenant’s expense and (v) do not require work within the walls, below the floor or above the ceiling, at such times and in such manner as Landlord may designate. Tenant shall not make or permit any Alterations in mechanic’s or materialmen’s liens to attach to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheldor this leasehold interest. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications perform such alterations in accordance with all applicable governmental laws and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, ordinances and in compliance accordance with all Laws the terms of this Lease. If any such alterations, additions or installations are made without such consent or contrary to the time and the plans and specifications delivered to, and, if required above, approved manner designated by Landlord, (iv) Landlord may correct or remove them and Tenant shall pay be liable for any and all expenses incurred by Landlord all reasonable costs and expenses in connection with Landlord’s review the performance of Tenant’s plans and specificationsthis work. All alterations, and of any supervision additions or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request installations made by Tenant shall, prior to commencing any Alterationunless Landlord elects otherwise, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless and shall remain upon the Premises. In the event Landlord gives notice shall elect to terminate this Lease prior to the end of the Term, such alterations, additions or installations by Tenant to remove it, in which event hereof may be removed by the Tenant will remove it, will and Tenant shall repair any resulting damage and will restore the Premises to the condition existing prior to caused by such removal, all at Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture sole cost and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantexpense.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Alterations. Except for non-structural Alterations that All improvements and alterations to the Leased Premises to be made by Tenant shall be installed at the cost and expense of Tenant (i) do not exceed $5,000 which cost shall be payable on demand by Landlord as additional rent), but only in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or wallsaccordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and only by Landlord or by contractors and subcontractors approved in writing by Landlord (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent approval shall not be unreasonably withheld). With respect to In connection with any Alterations made request for an approval of alterations by or on behalf Tenant, Landlord may retain the services of an architect and/or engineer and Tenant shall reimburse Landlord for the reasonable fees of such architect and/or engineer. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant (whether during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, improvements and partitions erected by Tenant made after Lease Commencement and restore the Leased Premises to its original condition by the date of termination of this Lease or not upon earlier vacating of the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any AlterationLeased Premises; provided, Tenant however, that, if at such time Landlord so elects, such alterations, additions, improvements and partitions shall deliver become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Leased Premises and title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. All such removals and restoration shall be accomplished in a good workmanlike manner by contractors approved in writing by Landlord so as not to damage the plansprimary structure or structural qualities of the Building. All alterations, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated additions or affiliated entity as their interests may appear as additional insureds, (ii) improvements proposed by Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance accordance with all Laws governmental laws, ordinances, rules and the plans regulations and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alterationconstruction, 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 reasonable security shall require to assure payment of the costs thereof and to protect Landlord against liens arising out any loss from any mechanics', laborers', materialmen's or other liens. As of such construction. Any Alteration by the Effective Date, Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain allowed to maintain its signage located on the Property North side of the exterior of the building as well as interior signs in the first and become third floor lobbies, provided that (i) any and all costs to maintain said signs will be paid solely by Tenant, and (ii) upon not less than thirty (30) days notice, Tenant shall at its sole cost and expense remove the property of exterior sign from the Building and repair any and all damage to the Building caused by such removal. In the event Landlord unless Landlord gives is installing exterior signage at the time it delivers notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterationsits sign, Landlord will notify Tenant whether Tenant is agrees to pay one-half of the cost of the lift required to remove for the Alterations at removal of Tenant's sign. Upon the expiration or termination of this Lease, any remaining signs will be removed by Tenant at Tenant's sole expense and shall remain the property of Tenant. Except as expressly set forth herein, Tenant may shall have no right to install its trade fixtures, furniture and equipment in any signage on the Premises, provided that Property or the installation and removal of them will not affect any structural portion interior or exterior of the Property, any Building System or any other equipment or facilities serving the Building or any occupantBuilding.
Appears in 2 contracts
Sources: Lease Agreement (Atlas Financial Holdings, Inc.), Lease Agreement (Atlas Financial Holdings, Inc.)
Alterations. Except for non-structural Alterations that Tenant will not make any demolition, alteration, installation, improvement, expansion, reduction or decoration (each, an "Alteration") of or to any Leased Property or any part thereof, except in accordance with the following terms and conditions:
(a) The Alteration shall be undertaken in accordance with the applicable provisions of this Lease, Landlord's Loan Documents, the Operating Agreements, the Leases and all Legal Requirements.
(b) No Event of Default shall have occurred and be continuing and no Default shall occur as a result of such action.
(c) The Alteration shall not materially adversely affect the (i) do not exceed $5,000 in the aggregate, Primary Intended Use or (ii) are not visible from the exterior fair market value of the Premises, Leased Property in question.
(iiid) do not affect any Building System A Material Alteration shall be conducted under the supervision of a Qualified Architect or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, Engineer and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheldundertaken until ten (10) Business Days after there shall have been delivered to Landlord, for information purposes only and not for approval by Landlord, detailed plans and specifications and cost estimates therefor, prepared and approved in writing by such Qualified Architect or Engineer. With respect Such plans and specifications may be revised at any time and from time to time, provided that material revisions of such plans and specifications shall be delivered to Landlord for information purposes only.
(e) Other than in connection with any Restoration, the Alteration may not, in and of itself, either during the Alteration or upon completion, materially adversely affect the Receipts derived from the Leased Property in question, taking into account the Percentage Rent requirements hereunder; provided that if, as reasonably determined by Landlord, such Alteration would materially adversely affect the Net Operating Income at such Leased Property (taking into account any amount then in any reserve account funded pursuant to any Alterations made by or on behalf of Tenant (whether or not Cash Management Procedures and permitted to be used in connection with such Material Alteration), then in order to proceed with the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord a Depositary Eligible Collateral in the plans, specifications and necessary permits for total amount of the estimated reduction in Net Operating Income resulting from the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) which Eligible Collateral shall be returned to Tenant shall obtain Landlord’s prior written approval after substantial completion of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, if the reduction in a good Net Operating Income has been restored and workmanlike manner, no Event of Default has occurred and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantcontinuing.
Appears in 2 contracts
Sources: Master Lease Agreement (Vornado Operating Co), Master Lease Agreement (Vornado Operating Co)
Alterations. Except Subject to the applicable provisions of this Lease, Tenant shall have the right to construct additional improvements and to make subsequent alterations, additions or other changes to any improvements or fixtures existing from time to time, and the Premises shall constitute all such improvements as they exist from time to time. In connection with any action which Tenant may take with respect to Tenant's rights pursuant hereto, Landlord shall not be responsible for non-structural Alterations that and Tenant shall pay all costs, expenses and liabilities arising out of or in any way connected with such improvements, alterations, additions or other changes made by Tenant, including without limitation materialmens’ and mechanic’s liens. If any lien or encumbrance (iother than those permitted hereunder or liens otherwise authorized by Landlord in writing) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of is filed against the Premises, within thirty (iii30) do not affect any Building System or the structural strength days of the Buildingdate that Landlord or Tenant receives notice or otherwise becomes aware of the same, (iv) do whichever occurs first, Tenant shall have such lien released or bonded. Tenant covenants and agrees that Landlord shall not require penetrations into be called upon or be obligated to make any improvements, alterations or repairs whatsoever in or about the floor, ceiling or wallsPremises, and (v) do Landlord shall not require work within be liable or accountable for any damages to the walls, below Premises or any property located thereon. Tenant shall have the floor right at any time to demolish or above substantially demolish improvements located upon the ceilingPremises. No such alteration or demolition shall have any impact on Tenant’s obligation to pay the Base Rent or and other sums required to be paid to Landlord under this Lease. In making improvements and alterations, Tenant shall not make be deemed Landlord's agent and shall hold Landlord harmless from any expense or permit any Alterations in damage Landlord may incur or to suffer. During the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination term of this Lease; , title to all improvements shall at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, all times be vested in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantLandlord.
Appears in 2 contracts
Sources: Land and Improvements Lease, Land and Improvements Lease
Alterations. Except for non-Other than in connection with Tenant's Work, Tenant shall not make any structural Alterations that (i) do not exceed $5,000 alterations in any portion of the Premises, nor make any alterations in the aggregate, (ii) are not visible from storefront or the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Buildingwithout Landlord's prior written consent, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, which consent may be withheld by Landlord in its sole discretion. Tenant shall not make any interior alterations affecting the common utility or permit any Alterations in common mechanical systems of the Project (including, without limitation electrical, plumbing or to the Premises heating, ventilating and air conditioning systems), without first obtaining the written consent of Landlord’s consent, which consent shall not be unreasonably withheld, conditioned or delayed. With respect to any Alterations made by Notwithstanding the foregoing, Landlord agrees that Tenant may make interior, non-structural alterations which do not affect the common utility or on behalf mechanical systems of the Project without Landlord's consent, provided that all such alterations comply with applicable codes and provided Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to gives Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval notice of any contractor or subcontractorsaid proposed alterations. All alterations, (iii) the Alteration additions and improvements provided for herein shall be constructed with new materialsbecome, in a good and workmanlike mannerupon completion, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until Landlord subject to the terms of this Lease. At the expiration of the Lease or earlier termination of this Lease; at that time without payment , unless non-removal by Tenant was agreed to by Landlord in connection with the Alteration Landlord's initial approval, Tenant shall remain on promptly remove all alterations, additions and improvements and any other property placed in the Property Premises by Tenant and become Tenant shall repair any damage caused by such removal. Tenant shall not be required to remove any alterations, additions and improvements unless, within thirty days prior to the property expiration of the Term, Landlord unless Landlord gives notice to advises Tenant that it desires for Tenant to remove itsuch alterations, additions or improvements and Tenant shall not in which any event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is be required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantimprovements.
Appears in 2 contracts
Sources: Retail Lease (Smith & Wollensky Restaurant Group Inc), Retail Lease (New York Restaurant Group Inc)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in Subsequent to the aggregatecompletion of any Landlord’s Work pursuant to Section 2, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceilingif any, Tenant shall not make attach any fixtures, equipment or permit any Alterations in or other items to the Premises without first obtaining Landlord’s consentPremises, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether paint or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and make any other associated additions, changes, alterations, repairs or affiliated entity as their interests may appear as additional insuredsimprovements (collectively hereinafter “Alterations”) to the Premises, (ii) Tenant shall obtain Building , Property, or Center without Landlord’s prior written approval consent, which with respect to Alterations to the Premises will not be unreasonably withheld so long as Tenant is not then in default of this Lease (beyond any contractor applicable cure period). For any proposed work in excess of $5,000 or subcontractorthat involves any Alterations to the structure of the Building or the Systems and Equipment, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of may condition its consent on Tenant’s plans and specifications, and delivery to Landlord of any supervision a letter of credit or inspection completion bond in the amount of 50% of the construction estimated cost of the Alterations, conditioned upon Tenant’s timely completion of the work and payment of all persons having lien rights on account of the work. If Landlord deems necessaryconsents to any Alterations, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out may post notices of such constructionnonresponsibility in accordance with law. Any Alteration by Tenant Alterations so made shall remain on and be surrendered with the property of Tenant until the Premises upon expiration or earlier termination of this Lease; at , except that time without payment by Landlord the Alteration shall remain on the Property and become the property may, within thirty (30) days before expiration of Landlord unless Landlord gives notice this Lease or within thirty (30) days after earlier termination of this Lease elect to require Tenant to remove itany or all Alterations at Tenant’s sole cost and expense; provided, in however, at the time Tenant submits plans for requested Alterations to Landlord for Landlord’s approval, Tenant may request Landlord to identify which event Alterations Landlord may require Tenant will to remove itat the termination of or expiration of this Lease, will repair any resulting damage and will Landlord shall make such identification simultaneous with its approval (if any) of the Alterations. If Landlord elects to require removal of Alterations, then at its own and sole cost Tenant shall restore the Premises to the condition existing prior to the installation of the alteration (reasonable wear and tear, condemnation and casualty damage excepted), before the last day of the term or within thirty (30) days after notice of its election is given, whichever is later. If after receiving Landlord’s consent to any alteration, Tenant changes or modifies its planned alteration, Tenant shall obtain Landlord’s consent to all such changes and modifications. Landlord consents to all of Tenant’s Alteration. At Tenant’s request prior Alterations to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at Premises in existence on the expiration or termination date of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant.
Appears in 2 contracts
Sources: Lease (Trupanion Inc.), Lease (Trupanion Inc.)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises not, without on each occasion first obtaining Landlord’s consent, prior written consent (which consent shall not be unreasonably withheld. With respect , conditioned or delayed), make any alterations, improvements or additions to any Alterations made by or on behalf the Premises, except that Tenant may, without the consent of Tenant (whether or not Landlord, make minor improvements to the Alteration requires Landlord’s consent): interior of the Premises provided that: (i) they do not less than 10 days prior to commencing any Alterationimpair the structural strength, Tenant shall deliver to Landlord operation or value of the plansBuilding, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval take all steps required or permitted by law to avoid the imposition of any contractor or subcontractormechanics’ lien upon the Premises, (iii) Building and Land. All permanent alterations, improvements and additions, except for minor alterations and improvements, become part of the Alteration Premises and the property of Landlord without payment therefor by Landlord and shall be constructed with new materialssurrendered to Landlord at the end of the Term; PROVIDED, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, andHOWEVER, if required above, approved so notified by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing the end of the Term, remove all and any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration alterations and improvements made by Tenant after initial occupancy, or the parts thereof specified by Landlord, from the Premises and shall be repair all damage caused by installation and removal; provided, further, if Tenant, in its request for approval of an alteration, clearly states in its request notice that it will not remove the property of Tenant until alterations upon the expiration or sooner termination of this Lease; at that time , then if Landlord approves the request for consent without payment by Landlord conditioning such approval on removing the Alteration alterations, then Tenant shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant not be required to remove it, such alterations as so specified in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterationsnotice. If requested by Tenant, Landlord will notify shall inform Tenant within ten (10) business days following receipt of notice whether Tenant is required to remove the Alterations Landlord shall require removal at the expiration end of the Term with respect to any specific improvements, partitions or termination fixtures. For purposes of this Lease. Tenant may install its trade fixturesSection 14, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant“minor improvements” shall be defined as those improvements costing no more than $50,000.
Appears in 2 contracts
Sources: Sublease Agreement, Sublease Agreement (Verrica Pharmaceuticals Inc.)
Alterations. Except for non-Tenant shall not make additions, alterations, changes or improvements in or to any structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from components or the exterior of the Premises, (iii) do not affect any Building System Leased Premises or which reduce the structural strength value of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Leased Premises without first obtaining the prior written consent of Landlord’s consent, which consent shall not be unreasonably withheld. With respect In the event that Landlord consents to any Alterations made by such additions, alterations, changes or on behalf of Tenant (whether improvements, then all additions, alterations, changes or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration improvements shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of at Tenant’s plans sole expense and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alterationupon completion thereof, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be become the property of Tenant until Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease; , and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at that the time without payment by of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Alteration shall remain on the Leased Premises, Property and become Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the property direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord unless Landlord gives notice is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenantor affect Landlord’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment interest in the Leased Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System Property or any other equipment or facilities serving the Building or any occupantPark as a result thereof.
Appears in 2 contracts
Sources: Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp)
Alterations. Except for non-structural Alterations aesthetic or cosmetic changes that (i) do not exceed $5,000 in the aggregate, (ii) are not readily visible from the exterior of the Leased Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations alterations in or to the Leased Premises without first obtaining Landlord’s consentunless and until Landlord has approved the plans therefor in writing. As a condition of such approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Sublease, which consent Landlord will expressly state in writing when approving said plans; otherwise, all such alterations shall, at Landlord's option, become a part of the realty and the property of Landlord, and shall not be unreasonably withheldremoved by Tenant. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing ensure that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration all alterations shall be constructed made in accordance with new materialsall applicable laws, regulations and building codes, in a good and workmanlike mannermanner and of quality equal to or better than the original construction of the Building. Tenant shall indemnify Landlord from all reasonable and documented costs, losses, expenses and reasonable attorneys' fees in connection with any construction or alteration for work performed by or on behalf of Tenant. Contractors and subcontractors authorized by Landlord to perform such alterations shall be subject to Landlord’s written consent, including any contingencies included therein. Prior to commencing any alterations performed by any contractor, Tenant or contractor shall: (a) obtain all permits, licenses, and approvals required for Tenant to perform such work; (b) deliver to Landlord: (i) copies of such permits, licenses, and approvals and (ii) evidence reasonably satisfactory to Landlord that Tenant and/or Tenant’s contractor has procured workers’ compensation, general liability, and personal and property damage insurance as Landlord may reasonably require; (c) cause any such work to be performed (i) in accordance with the plans approved by Landlord and (ii) in a good and workmanlike manner and in compliance with all Laws applicable laws; (d) ensure that all contractors, subcontractors, laborers, and suppliers performing work or supplying materials are paid in full; and (e) during the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review performance of Tenant’s plans work, observe and specifications, and perform all of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of its obligations under this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantSublease.
Appears in 2 contracts
Sources: Sublease Agreement, Sublease Agreement
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, which approval shall not be unreasonably withheld, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant.
Appears in 2 contracts
Sources: Lease Agreement (PhaseBio Pharmaceuticals Inc), Lease Agreement (PhaseBio Pharmaceuticals Inc)
Alterations. 6.1 Except for non-structural Alterations that those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be required (but notice to Landlord shall be required) with respect to alterations which (i) do are not exceed $5,000 structural in the aggregatenature, (ii) are not visible from the exterior of the PremisesBuilding, (iii) do not affect any Building System or the structural strength require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not require penetrations into cost more than $5.00 per rentable square foot of that portion of the floorPremises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, ceiling addition or wallsimprovement by Tenant, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining extent that Landlord’s consentconsent is not required for same, which consent the same shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires using either Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, contractor reasonably approved by Landlord, (iv) in either event at Tenant’s sole cost and expense. If Tenant shall pay employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all reasonable delays, damages and extra costs and expenses suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed three percent (3%) of the cost of such work if Landlord manages such construction, otherwise seventy-five one hundredths percent (.75%), to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due thirty (30) days after Landlord’s review of Tenant’s plans demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and specificationsregulations, using Building standard materials where applicable, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alterationconstruction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord reasonable security as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against liens arising out of such constructionany loss from any mechanic’s, materialmen’s or other liens. Any Alteration by Tenant shall be pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the property of Tenant until the expiration or termination of this LeaseTerm, as such increase is ascertainable; at that time without payment by Landlord the Alteration Landlord’s election said sums shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment be paid in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantsame way as sums due under Article 4.
Appears in 2 contracts
Sources: Lease (Alnylam Pharmaceuticals, Inc.), Lease (Alnylam Pharmaceuticals, Inc.)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 Tenant shall in no event make or permit to be made any alteration, modification, substitution or other change of any nature to the aggregatemechanical, (ii) are not visible from the exterior of electrical, plumbing, HVAC and sprinkler systems within or serving the Premises, (iii) do not affect any Building System or the structural strength . After completion of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work Tenant’s Improvements within the walls, below the floor or above the ceilingPremises, Tenant shall not make or permit any Alterations in other improvements, alterations, fixed decorations, substitutions or modifications, structural or otherwise, to the Premises or the Building (“Alterations”) without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractorLandlord. Landlord’s approval shall include the conditions under which acceptable Alterations may be made. Alterations shall include, (iii) the Alteration shall but not be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered limited to, andthe installation or modification of carpeting, if required abovewalls, approved by Landlordpartitions, (iv) Tenant counters, doors, shelves, lighting fixtures, hardware, locks, ceiling, window and wall coverings; but shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of not include the initial Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore Improvements placed within the Premises pursuant to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination Subsection 5.1 of this Lease. All Alterations shall be based on complete plans and specifications prepared and submitted by Tenant may install its trade fixturesto Landlord for approval, furniture and equipment except in the Premisesinstance of cosmetic changes, provided that such as painting and carpeting, in which case Tenant shall provide Landlord with samples showing colors, styles, etc. All Alterations shall be made by Landlord at Tenant’s sole cost, payable by Tenant, as Additional Rent, within thirty (30) days after receipt of an invoice for same from Landlord, which cost shall include Landlord’s standard construction management fee. Tenant shall be responsible for the installation cost of any additional improvements within the Premises or the Common Area required by The Americans with Disabilities Act of 1990 as a result of Tenant’s Alterations. If Tenant makes any Alterations without the prior consent of Landlord, then, in addition to Landlord’s other remedies, Landlord may correct or remove such Alterations and removal Tenant shall pay the cost thereof, as Additional Rent, on demand. Without limiting the foregoing, Landlord shall have the right (but not the obligation), at Tenant’s expense, to connect any security, fire alarm or other monitoring system of them will not affect Tenant located on the Premises to any structural portion of the Propertycentral monitoring system maintained by Landlord from time to time. Tenant agrees to cooperate with Landlord to allow Landlord to exercise this right. All life safety systems installed by Tenant, any Building System or any other equipment or facilities serving the Building or any occupanton Tenant’s behalf, must be at Tenant’s expense and must be compatible with Landlord’s central monitoring systems.
Appears in 1 contract
Sources: Office Lease (Marpai, Inc.)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 Notwithstanding anything to the contrary contained in the aggregateMaster Lease, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant Subtenant shall not make any alterations, improvements or permit any Alterations installations (collectively, “Subtenant Alterations”) in or to the Sublease Premises without first obtaining the prior written consent of Sublandlord and Master Landlord’s . Sublandlord, at its sole option, may, however, require as a condition to the granting of any such consent, which consent that Subtenant provide to Sublandlord, at Subtenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (11/2) times any and all estimated costs of any Subtenant Alterations, to insure Sublandlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work; provided, however, that if Subtenant is required and provides such bond under Article 7 of the Mater Lease, then no bond shall not be unreasonably withheldrequired under this Paragraph 14. With respect Subtenant shall give Sublandlord written notice of Subtenant’s intention to perform any Alterations made by or work on behalf of Tenant the Sublease Premises at least twenty (whether or not the Alteration requires Landlord’s consent): (i20) not less than 10 days prior to commencing any Alteration, Tenant shall deliver the commencement of such work to Landlord enable Sublandlord to post and record an appropriate Notice of Nonresponsibility or other notice deemed proper before the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval commencement of any contractor or subcontractor, (iii) the Alteration such work. All Subtenant Alterations shall be constructed with new materials, in a good subject to the terms and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection conditions of the construction Landlord deems necessaryMaster Lease, and (v) upon Landlord’s request Tenant shallincluding without limitation, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant obligation to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the such Subtenant Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion end of the Property, any Building System Sublease Term and restore the Sublease Premises to its original condition if so required by Sublandlord or any other equipment or facilities serving the Building or any occupantMaster Landlord. All Subtenant Alterations shall be performed by a contractor approved by Sublandlord and Master Landlord.
Appears in 1 contract
Sources: Sublease (Abgenix Inc)
Alterations. Except Subtenant intends to make certain alterations, additions, improvements, modifications and decorations to the Sublease Premises (including, but not limited to, the construction of a large conference room, 3-4 private offices, paint, carpet, and modifications to the current mechanical and electrical systems required to make such improvements) (the “Planned Alterations”) at Subtenant’s sole cost and expense. Sublandlord hereby approves of the Planned Alterations as described in Exhibit C attached hereto, provided, however, that Master Landlord also approves of such Planned Alterations. Subtenant shall be responsible for non-structural preparation of working drawings prepared with respect to the Planned Alterations for review and approval by Subtenant and Master Landlord. Subtenant shall also obtain Master Landlord’s approval for Planned Alterations at Subtenant’s sole cost and expense. If Sublandlord incurs any expense in attempting to obtain Master Landlord’s approval for the Planned Alterations or any other matter in which Master Landlord’s consent is required on Subtenant’s behalf, Subtenant shall promptly reimburse Sublandlord for such expense. Unless otherwise agreed in writing by Sublandlord and Subtenant, all such Planned Alterations that (i) do not exceed $5,000 in are a part of, or that are permanently affixed to, the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Sublease Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good installed at the sole cost and workmanlike manner, expense of Subtenant and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Sublandlord and shall remain upon and be surrendered with the Sublease Premises at the end of the Term. Notwithstanding the foregoing sentence, if Master Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore requires the Premises to removal of the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Planned Alterations at the expiration or termination end of this Lease. Tenant may install the Term, Subtenant shall be solely responsible for their removal and shall, at its trade fixturessole cost and expense, furniture and equipment in repair any damage caused to the Premises, provided that Sublease Premises by the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantPlanned Alterations.
Appears in 1 contract
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit suffer to be made any Alterations in ----------- alterations, additions or improvements to the Premises without first obtaining ("Alterations"), except as expressly provided in this Paragraph 9. If Tenant desires any Alteration, Tenant must obtain Landlord’s consent's prior written approval of such Alteration, which consent approval shall not be unreasonably withheldwithheld or delayed. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the The Alteration shall be constructed made at Tenant's sole cost and expense by a general contractor approved in writing by Landlord in advance 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 new materialsthe Alteration (e.g., freight elevator operation, additional cleaning expenses and additional security expenses). All such work shall be performed diligently and in a good and first-class workmanlike manner, manner and in compliance accordance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) and shall comply with all applicable laws and Landlord's construction procedures for the Building. In no event shall Tenant shall pay Landlord all reasonable costs and expenses 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 Landlord’s review an Alteration (regardless of Tenant’s plans whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent under this Lease. Any Alterations, including, without limitation, movable partitions that are affixed to the Premises (but excluding movable, free standing partitions) and specificationsall carpeting, and of any supervision or inspection shall at once become part of the construction Landlord deems necessary, Building and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Landlord. Tenant until shall give Landlord not less than five (5) days' prior written notice of the expiration or termination date the construction of this Lease; at that time without payment the Alteration is to commence. Landlord may post and record an appropriate notice of non-responsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord the Alteration shall remain in or on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant.
Appears in 1 contract
Sources: Lease Agreement (Natus Medical Inc)
Alterations. 6.1 Except for non-structural Alterations that (i) do not exceed $5,000 those, if any, specifically provided for in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceilingExhibit B to this Lease, Tenant shall not make or permit suffer to be made any Alterations in alterations, additions, or improvements, including, the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7 ("Alterations"), without first obtaining the prior written consent of Landlord’s . When applying for such consent, which consent shall not be unreasonably withheld. With respect to any Alterations made Tenant shall, if requested by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the landlord furnish complete plans and specifications delivered tofor such alterations, andadditions and improvements, if required aboveapplicable.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by a licensed, bonded and insured contractor approved by Landlord, (iv) such approval not to be unreasonably withheld, conditioned or delayed, at Tenant's sole cost and expense. If Tenant shall pay Landlord all reasonable costs and expenses in connection with employ any contractor other than Landlord’s review of Tenant’s plans and specifications's pre-approved contractor, and such other contractor or any subcontractor of such other contractor shall employ labor and/or suppliers, then Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any supervision dispute with any labor concerning the wage, hours, terms or inspection conditions of the construction Landlord deems necessaryemployment of any such labor.
6.3 All alterations, additions, and (v) upon Landlord’s request improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations and Tenant shall, prior to commencing any Alterationconstruction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord, including but not limited to, waivers of lien, as Landlord reasonable security shall require to assure payment of the costs thereof and to protect Landlord and the Building and appurtenant land against liens arising out of such constructionany loss from any mechanic's, materialmen's or other liens. Any Alteration by Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord's election said sums shall be paid in the same way as sums due under Article 4.
6.4 All alterations, additions, and improvements, in, on , or to the Premises or in, on or to the Building made or installed by Tenant, including carpeting, shall be and remain the property of Tenant until during the Term but, excepting furniture, furnishings, telecommunication switch equipment, batteries, generators, condensers, dry coolers, conduits, cabling, pull boxes, and other telecommunication related facilities, movable partitions of less than full height from floor to ceiling and other trade fixtures, all of which shall be removed from the Premises and the Building at Tenant's expense if required to be removed by Landlord in a written document delivered to Tenant at the time Landlord approves Tenant's plans and specifications and the Premises restored to its original condition, and any remaining improvements, shall become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Term, at which time title shall pass to Landlord under this Lease; Lease as by a ▇▇▇▇ of sale, unless Landlord elects otherwise. Upon such election by Landlord, Tenant shall upon demand by Landlord, at that time without payment Tenant's sole cost and expense, forthwith and with all due diligence remove any such alterations, additions or improvements, including any which are designated by Landlord the Alteration to be removed, and Tenant shall remain on the Property forthwith and become the property of Landlord unless Landlord gives notice to Tenant to remove itwith all due diligence, in which event Tenant will remove itat its sole costs and expense, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building to their original condition, reasonable wear and tear and damage by fire or any occupantother casualty excepted.
Appears in 1 contract
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make any alterations, additions or permit any Alterations in or improvements to the Premises or Property without first obtaining Landlord’s consent, the prior written consent of Landlord which consent shall not be unreasonably withheld. With respect to any Alterations made Notwithstanding the aforesaid, Tenant, at Tenant's sole cost and expense, may install trade fixtures as Tenant may deem necessary, so long as such trade fixtures do not penetrate or disturb the structural integrity and support provided by the roof, exterior walls or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration subfloors. All such trade fixtures shall be constructed with new materialsand/or installed by contractors approved by Landlord, in a good and workmanlike manner, and in compliance with all Laws applicable governmental and the plans quasi-governmental laws, ordinances and specifications delivered toregulations, and, if required above, approved by as well as all requirements of Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction's insurance carrier. Any Alteration by Tenant shall be the property of Tenant until Upon the expiration or earlier termination of this Lease, Tenant shall remove all alterations, additions or improvements installed by Tenant within the Premises; at that time without payment by Landlord the Alteration and, upon such removal, Tenant shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to a condition substantially similar to that condition when received by Tenant. However, notwithstanding the condition existing aforesaid, upon Landlord's written election which shall be made within sixty (60) days prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease, such alterations, additions and improvements shall revert to Landlord and shall remain within the Premises. In no event shall Landlord have any right to any of Tenant's trade fixtures; and, except as otherwise set forth in this Lease, Tenant may install its remove such trade fixtures, furniture and equipment in fixtures upon the Premisestermination of this Lease, provided that the installation and removal of them will not affect Tenant repairs any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantdamage caused by such removal.
Appears in 1 contract
Sources: Office/Warehouse Lease Agreement (Express Scripts Inc)
Alterations. Except for non-structural Alterations that (iA) do not exceed $5,000 Lessee will make no alterations improvements, or additions, nor any installments of fixtures, in, to, or at the Demised Premises ("Alterations") without obtaining the prior written consent of Lessor. Lessor may impose conditions on its consent, including, without limitation, compliance with the conditions set forth in clauses (5)(a) through (h) of the aggregateattached work letter. Such conditions shall be reasonable, (ii) are not visible from except that, to the extent the Alteration affects the Building systems or structures or the exterior of the Premises, (iii) do not affect any Building System or the structural strength appearance of the Building, Lessor may condition or withhold its consent in its sole and absolute discretion. Lessor may require that Lessee use a space planner, engineer and/or contractor selected by Lessor for any Alterations. All Alterations, including all improvements and fixtures installed in connection therewith (ivexcept the movable furniture and trade fixtures of Lessee) do not require penetrations into the floor, ceiling made or walls, and (v) do not require work within the walls, below the floor added either by Lessee or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration Lessor shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be remain the property of Tenant until Lessor immediately upon their installation.
(B) At the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice , Lessee will not be required to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior its original condition, or to Tenant’s Alteration. At Tenant’s request prior to Tenant making remove any Alterationsbuilding standard improvements, Landlord will notify Tenant whether Tenant is except that Lessee may be required to restore damage to the Premises caused by Lessee's use or moving in or out of the Premises or any other wear and tear beyond normal wear and tear. If during the term of the Lease Lessor conditions its approval of any Alterations upon a requirement that Lessee remove the Alterations Alteration at termination of the Lease, with such condition stated in writing at the expiration or time of approval, Lessor may require that Lessee, at Lessee's expense, to remove such Alterations upon termination of this Lease. Tenant may install its trade fixtures, furniture the Lease and equipment in the Premises, provided return that the installation and removal of them will not affect any structural portion of the Property, Premises to its prior condition. Lessee shall repair any Building System or any other equipment or facilities serving the Building or any occupantdamage caused by removal of Alterations.
Appears in 1 contract
Sources: Lease (Webtrends Corp)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Section 25.01. Tenant shall not make no changes, additions or permit any Alterations alterations ("Alterations") in on or to the Demised Premises without first obtaining the prior written consent of Landlord’s consent, which consent shall not be unreasonably withheldwithheld provided such alterations are non-structural and do not affect any of the Building systems. With respect Landlord shall, within ten (10) Business Days of any written request from Tenant grant such consent or provide written reasons for not granting such consent.
(a) If Landlord shall consent to any Alterations made proposed by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any AlterationTenant, Tenant shall deliver to Landlord the plansthen such Alterations, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed completed strictly in accordance with new materialsplans and specifications approved by Landlord and Landlord's Construction Requirements, a copy of which Construction Requirements will be delivered to Tenant upon request therefor, at Tenant's sole cost and expense, in a good and first-class workmanlike manner, using new materials and equipment or materials of equal quality to new materials and which shall be at least equal in quality to the standards for the Building then established by Landlord, and in compliance accordance with all Laws Legal Requirements and the terms of this Lease and the Ground Lease, and shall be commenced promptly after approval is received and thereafter prosecuted diligently to completion. Any Alterations for which consent has been received shall be performed strictly in accordance with the approved plans and specifications delivered totherefor, and, if required above, approved by and no amendments or additions thereto shall be made without the prior consent of Landlord, (iv) . Tenant shall pay to Landlord all reasonable costs and as Additional Rent Landlord's out-of-pocket expenses in connection with (including the fees of Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant.'s architect and
Appears in 1 contract
Sources: Lease (Ortec International Inc)
Alterations. Except Tenant shall have the right, at its own cost and expense, to make alterations, installations and changes (hereinafter collectively called “Alterations”) in, on and to the Premises as it shall deem expedient or necessary for non-structural its business purposes without Landlord’s prior written consent if such Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from “Structural Alterations.” For purposes of this Lease, a Structural Alteration is an Alteration that affects the exterior structural integrity of the Premises, (iii) do not affect any Building System pierces the roof membrane or floor slab, or affects the structural strength mechanical, electrical or plumbing systems of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, building. Tenant shall may not make or permit any Structural Alterations in or unless it has first obtained Landlord’s written consent thereto and to the Premises without first obtaining Landlord’s consentname of the contractor undertaking such Structural Alterations, which consent Landlord shall not be unreasonably withheldwithhold or delay. With respect If Landlord fails to any Alterations made by give or on behalf deny its consent within 20 days after Landlord’ s receipt of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlordwritten request therefor, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration Landlord shall be constructed with new materials, deemed to have given its consent. All Alterations shall be performed in a good and workmanlike manner, manner and in compliance accordance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) applicable laws. Tenant shall pay notify Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing beginning any construction to enable Landlord to post on or about the Premises notices of non-responsibility. Landlord may condition its consent to any Alteration, provide Landlord reasonable security against liens arising out which would interfere with future use of the Property if not removed at the termination of this Lease on Tenant’s agreement to remove such constructionAlteration at that time pursuant to Article 17 hereof. Any Alteration by Tenant shall be otherwise have the property of Tenant until option to remove any or all Alterations and signage during the expiration Lease Term or upon termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant.
Appears in 1 contract
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 Notwithstanding anything in the aggregateMaster Lease as incorporated herein to the contrary, (ii) are not visible from the exterior of the Premisesbefore proceeding with any alteration, (iii) do not affect any Building System additions or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or improvement to the Premises without first obtaining (collectively, "Alteration"), Subtenant shall obtain the prior written consent of Sublandlord and Master Landlord and submit to Sublandlord and Master Landlord plans and specifications for the work to be done prepared by a licensed architect for Sublandlord's and Master Landlord’s 's prior written consent. Subtenant shall reimburse Sublandlord, which consent on written demand, for all of Sublandlord's reasonable costs incurred in connection with the review of Subtenant's plans for any Alterations. Subtenant shall deliver to Sublandlord, within five (5) days of request, a copy of Master Landlord's approval of Subtenant's plans for any Alteration and, upon receipt of such approval, Sublandlord shall not be unreasonably withheldwithhold or delay consent to such Alteration. With Subtenant acknowledges and agrees that, notwithstanding anything herein to the contrary, with respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any AlterationSubtenant's Alterations, Tenant Sublandlord shall deliver to Landlord the plans, specifications and necessary permits have no responsibility whatsoever for the Alterationinstallation of, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated cost of correcting or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval removal upon Sublease termination of any contractor of Subtenant's Alterations or subcontractor, (iii) any compliance requirements of the Alteration shall be constructed with new materials, in a good and workmanlike mannerMaster Lease, and in compliance with all Laws Subtenant shall bear the entire responsibility and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantliability therefore.
Appears in 1 contract
Sources: Sublease (Cypress Bioscience Inc)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to without the Premises without first obtaining prior written consent of Landlord’s consent, which consent shall not may be unreasonably withheldgranted or withheld in Landlord's sole discretion. With respect Landlord may impose any reasonable conditions to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s its consent): , including, without limitation, (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver delivery to Landlord of written and unconditional waivers of mechanic's and materialmen's liens as to the plansPremises, specifications the Building and necessary permits the Land for all work, labor and services to be performed and materials to be furnished, signed by all contractors, subcontractors, materialmen and laborers participating in the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insuredsAlterations, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractorthe plans and specifications and Tenant's contractor(s) with respect to the Alterations, (iii) supervision by Landlord's representative at Tenant's expense of the Alteration Alterations and (iv) delivery to Landlord of payment and performance bonds naming Landlord and Mortgagee as obligees. The Alterations shall conform to the requirements of Landlord's and Tenant's insurers and of the Federal, state and local governments having jurisdiction over the Premises, shall be constructed performed in accordance with new materials, the terms and provisions of this Lease in a good and workmanlike mannermanner befitting a first class office building and shall not adversely affect the value, utility or character of the Premises. If the Alterations are not performed as herein required, Landlord shall have the right, at Landlord's option, to halt any further Alterations, or to require Tenant to perform the Alterations as herein required or to require Tenant to return the Premises to its condition before such Alterations. Subject to Section 13.4 herein, all Alterations and fixtures, whether temporary or permanent in compliance with all Laws and character, made in or upon the plans and specifications delivered toPremises either by Tenant or Landlord, will immediately become Landlord's property and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection at the end of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall Term will remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior without compensation to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant.
Appears in 1 contract
Sources: Deed of Lease (Qorus Com Inc)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not have the right to make or permit any Alterations in or improvements, additions, alterations and modifications to the Premises without first obtaining ("Alteration") from and after the Commencement Date of this Lease with the consent of Landlord’s consent, which consent shall not be unreasonably withheld. With respect withheld and shall be deemed given if not reasonably withheld by Landlord in a writing delivered to Tenant within fifteen (15) days after delivery to Landlord of Tenant's request for Landlord's consent; provided however, that Tenant shall not be required to obtain Landlord's consent to any Alteration does not affect structure of the Building and costs Five Thousand Dollars ($5,000) or less. All Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed in accordance with new materials, in a good and workmanlike manner, and in compliance with all applicable Laws and at Tenant's own expense. Subject to paragraph 8.D, Tenant will indemnify and defend Landlord from all liens, claims or damages caused by Tenant's construction of Alterations to the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant Premises. All Alterations shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be remain the property of Tenant until during the expiration Lease Term and may be removed from the Premises at any time. Landlord shall have no lien or termination other interest whatsoever in any such Alteration or on any equipment, trade fixtures or personal property installed in the Premises by Tenant at its cost (collectively "Tenant's Property"); and within ten (10) days following receipt of this Lease; at that time without payment a written request, Landlord shall execute documents in reasonable form to evidence such waiver by Landlord of any right, title, fine, or interest in the Alteration shall remain on the Tenant's Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment located in the Premises, provided that . Tenant shall restore all damage to the installation and Premises caused by any removal of them will not affect Tenant's Property. Within ten (10) days following a request by Tenant, Landlord shall inform Tenant whether it reserves the right to any structural portion Alteration installed by Tenant removed from the Premises by Tenant upon termination of the Property, any Building System or any other equipment or facilities serving the Building or any occupantLease.
Appears in 1 contract
Sources: Lease (Amnis Systems Inc)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 Tenant shall in no event make or permit to be made any ----------- alteration, modification, substitution or other change of any nature to the aggregatemechanical, (ii) are not visible from the exterior of electrical, plumbing, HVAC and sprinkler systems within or serving the Premises, (iii) do not affect any Building System or the structural strength . After completion of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work Tenant's Improvements within the walls, below the floor or above the ceilingPremises, Tenant shall not make or permit any Alterations in other improvements, alterations, fixed decorations, substitutions or modifications, structural or otherwise, to the Premises or the Building ("Alterations") without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor Landlord. Landlord shall not unreasonably withhold or subcontractordelay its consent to Alterations which do not affect the structural, (iii) the Alteration shall be constructed with new materialsmechanical, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision plumbing or inspection electrical elements or systems of the construction Landlord deems necessary, Building and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in are not visible from outside the Premises, provided that such work conforms, with the installation design criteria, standards and removal architectural guidelines for the Building. Landlord's
1. All Alterations shall be based on complete plans and specifications prepared and submitted by Tenant to Landlord for approval, except in the instance of them will not affect cosmetic changes, such as painting and carpeting, in which case Tenant shall provide Landlord with samples showing colors, styles, etc. All Alterations shall be made by Landlord at Tenant's sole cost, payable by Tenant, as Additional Rent, within thirty (30) days after receipt of an invoice for same from Landlord, which cost shall include Landlord's standard construction management fee. Tenant shall be responsible for the cost of any structural portion additional improvements within the Premises or the Common Area required by The Americans with Disabilities Act of 1990 as a result of Tenant's Alterations. If Tenant makes any Alterations without the Propertyprior consent of Landlord, any Building System then, in addition to Landlord's other remedies, Landlord may correct or any other equipment or facilities serving remove such Alterations and Tenant shall pay the Building or any occupantcost thereof, as Additional Rent, on demand.
Appears in 1 contract
Alterations. Except 7.01 The Lessee shall have the privilege of remodeling the buildings or making improvements to the real property covered by the Project from time to time, as in its discretion, it may determine to be desirable for non-structural Alterations that (i) do not exceed $5,000 in its uses and purposes, and upon the aggregate, (ii) are not visible from the exterior obtaining of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration Authority. The cost of such improvements and remodeling shall be constructed with new materials, in a good paid for by the Lessee and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the Authority, subject to the terms of this Lease; provided, however, the Lessee shall have the right to remove from the leased premises at any time before the expiration or termination of the Lease, and while it is in good standing with reference to the payments of rent and performance of other obligations hereunder, any machinery, fixtures, equipment, appliances or other personalty placed in or upon the leased premises by the Lessee, which have been placed therein at the sole expense of the Lessee using funds other than those furnished by Authority, whether attached to the realty or not, which can be removed without material damage to the existing buildings or structures, or in the event such removal causes damage to the existing building or structures, restoration and repair of such damage shall be made at the sole expense of the Lessee. Approval by Authority to alterations by Lessee as provided for in this Lease; at that time without payment Article will not be unreasonably withheld, and said approval shall be granted providing said alterations do not impair the operating unity or materially alter the character or diminish the value of the leased premises. Authority agrees to execute a landlord's waiver of lien or similar document as Lessee may reasonably request as to any machinery, removable fixtures, equipment, appliances or other removable personalty as Lessee may acquire, whether by Landlord the Alteration shall remain purchase or lease, and install on the Property and become the property of Landlord unless Landlord gives notice leased premises, to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion facilitate Lessee's financing of the Property, any Building System purchase or any other equipment or facilities serving the Building or any occupantleasing thereof.
Appears in 1 contract
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, 8.1 Tenant shall not have the right at any time and from time to time, at Tenant's sole cost and expense, to remodel, redecorate and make such alterations or permit any Alterations improvements (collectively, "Alterations") in or and to the Premises as may be necessary or proper to the continued use of the Premises by Tenant; provided, however, that Tenant shall not, without first obtaining the prior written consent of Landlord’s consent, which consent shall not be unreasonably withheld. With respect to , make any Alterations made to the Premises which: (a) will materially affect the structure or structural components of the Building (including by way of illustration but not limitation, the construction of interior stairwells, skylights, dumbwaiters and additional floor supports), the heating, ventilating and air conditioning systems, or on behalf any other mechanical, electrical or plumbing systems of Tenant the Building, (whether b) will be visible from the exterior of the Building, (c) will be located outside or not underneath the Alteration requires Landlord’s consent): Building, or (id) not less than 10 days prior to commencing any Alteration, will lessen the fair market value of the Building. Tenant shall deliver to Landlord the plans, specifications and necessary permits be responsible for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval cost of any contractor additional alterations and improvements (including, without limitation, structural alterations and alterations which affect Building Systems) required by law to be made to or subcontractorin the Building as a result of any Alterations. As determined by Landlord in its sole discretion, (iii) the Alteration all Alterations shall be constructed with new materialsdone by Landlord at Tenant's expense (including hard and soft costs), in a good and workmanlike manner, and in compliance accordance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, and subject to all other conditions which Landlord may reasonably impose. If Landlord does any Alterations on behalf of Tenant, Landlord shall solicit bids from three (iv3) general contractors who are duly licensed in the State of California and shall thereafter hire the lowest responsible bidder. Tenant shall pay to Landlord all reasonable costs upon demand an amount equal to ten percent (10%) of the total cost of such Alterations to reimburse Landlord for its administrative and expenses in connection with Landlord’s review managerial time and effort. Upon completion of any Alterations, Tenant shall provide to Landlord at Tenant’s 's expense "as-built" plans and specifications.
8.2 Except as provided in Section 8.3, all appurtenances, fixtures, improvements, equipment, additions and other property attached to or installed in the Premises at the commencement of any supervision or inspection of during the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant Term shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall and remain on the Property and become the property of Landlord and shall not be removed by Tenant unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantrequested by Landlord.
Appears in 1 contract
Alterations. Except for non-structural Alterations that (ia) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit allow to be made any Alterations alterations, additions, or improvements in or to the Premises (collectively, "Alterations") without first obtaining Landlord’s 's written consent, which consent shall not be unreasonably withheld. With respect to any Alterations made , conditioned, or delayed.
(b) ▇▇▇▇▇▇ agrees that all such work, if approved by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, done at Tenant's sole cost and expense and in a good and workmanlike manner, that the structural integrity of the Building shall not be impaired, and in compliance with that no liens shall attach to all Laws and or any part of the plans and specifications delivered toPremises, andthe Building, if required above, approved or the Property by Landlord, (iv) reason thereof. Tenant shall pay Landlord obtain, at its sole expense, all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and permits required for such work.
(vc) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration All Alterations made by Tenant shall be become the property of Tenant, including but not limited to the foregoing Alterations, movable equipment, trade fixtures, personal property, and furniture (collectively, "Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration Owned Property") and shall remain on the Property and not become the property of Landlord unless Landlord gives notice but shall be removed by Tenant, at Tenant's sole cost and expense, not later than the Lease Expiration Date. Tenant shall repair at its sole cost and expense all damage caused to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to or the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making Building by the removal of any Alterations, Landlord will notify Tenant whether Alterations that Tenant is required to remove or Tenant Owned Property. Landlord may remove any Tenant Owned Property or Alterations that Tenant is required to but fails to remove at the Alterations at Lease Expiration Date and Tenant shall pay to Landlord the reasonable cost of removal. Tenant's obligations under this Section 8 shall survive the expiration or earlier termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant.
Appears in 1 contract
Sources: Lease Agreement
Alterations. Except for non-structural Alterations that (i) do Tenant shall not exceed $5,000 in make or permit to be made any alteration, modification, substitution or other change of any nature to the aggregatemechanical, (ii) are not visible from the exterior of the Premiseselectrical, (iii) do not affect any Building System or the structural strength of the Buildingplumbing, (iv) do not require penetrations into the floor, ceiling or wallsHVAC, and (v) do not require work sprinkler systems within or serving the walls, below the floor or above the ceiling, Leased Premises. Tenant shall not make or permit any Alterations in other improvements, alterations, fixed decorations, substitutions, or modifications, structural or otherwise, to the Leased Premises or the Office Building (“Alterations”) without first obtaining the prior written consent of Landlord’s consent, which consent shall may not be unreasonably withheld, any such consent to also include the conditions under which the Alterations may be made. With respect to any Alterations shall include, but not be limited to, the installation or modification of carpeting, walls, partitions, counters, doors, shelves, lighting fixtures, hardware, locks, ceiling, window, and wall covering. All such Alterations shall be made at Tenant’s sole expense, by contractors or subcontractors approved by Landlord, and only after (i) Landlord (or Tenant) has obtained, on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing Tenant, any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors from governmental authorities and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the has submitted complete plans and specifications delivered toto Landlord with respect to the Alterations and Landlord has approved them. Landlord shall, andat Tenant’s expense, if required abovesupervise the making of any Alterations by Tenant. If any mechanic’s lien is filed against the Leased Premises of the Office Building for work or materials furnished to Tenant, approved the lien shall be discharged by Tenant within ten (10) days thereafter, solely at Tenant’s expense, by either paying off or bonding the lien. Should Tenant fail to discharge any lien with ten (10) days of its filing, Landlord shall have the right, but not the obligation, to discharge the lien at Tenant’s expense. Tenant shall indemnify and hold Landlord harmless from all expenses (including attorneys’ fees), liens, claims, or damage to persons, property, or the Office Building which may arise from the making of any Alterations. Any Alterations made without the prior consent of Landlord may be corrected or removed by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alterationon demand, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be pay the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion cost of the Propertyremoval as Additional Rent. The work relating to any Alterations shall not interfere with, or cause annoyance to, any Building System or any other equipment or facilities serving tenants of the Office Building or disrupt any occupantaccess to, or use of the Common Areas.
Appears in 1 contract
Alterations. Except for non-structural Alterations that Tenant shall not make, or suffer to be made, any alterations, improvements or additions in, on, about or to the Premises or any part thereof (i) do not exceed $5,000 in collectively, "Alteration(s)"), without the aggregateprior written consent of Landlord and without a valid building permit issued by the appropriate governmental authority; provided, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceilinghowever, Tenant shall not make be required to seek Landlord's prior approval for any nonstructural interior Alteration or permit series of Alterations which, together with the costs of all other Alterations (not requiring Landlord's consent) undertaken during the preceding 12-month period, does not exceed Fifty Thousand Dollars ($50,000.00) in the aggregate. Tenant, in making such Alterations, shall comply with the other requirements of this Paragraph 13. Unless Tenant is required to remove any Alteration to the Premises, except movable furniture and trade fixtures, such Alterations shall become the property of Landlord upon termination of the Lease and shall remain upon and be surrendered with the Premises at the termination of this Lease. Without limiting the generality of the foregoing, all items consisting of Landlord's Work, and unless otherwise provided in or Landlord's consent notice, all heating, lighting, electrical (including all wiring, conduit, outlets, drops, ▇▇▇▇ ducts, main and subpanels), drapery, and carpet installations (to the extent the foregoing are not included in Landlord's Work) regardless of how affixed to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withhelddeemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of this Lease. With respect Upon the expiration or earlier termination of the Lease Term, Tenant shall not be required to remove or restore any of the items which comprise Landlord's Work and/or the Initial Improvements. Upon the expiration or earlier termination of the Lease Term, Tenant shall remove any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): and shall repair any damage to Premises resulting from such removal, except as follows:
(i) As to any Alteration for which Landlord's consent is required, at the time Landlord is providing such consent, Landlord shall indicate whether such Alteration must be removed upon expiration or termination of the Lease. Landlord's failure to make such indication as part of its consent shall serve as Landlord's indication that the proposed Alteration does not less than 10 days have to be removed.
(ii) As to any Alteration for which Landlord's consent is not required, prior to commencing any making the Alteration, Tenant shall deliver to may request that Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, indicate within ten (ii10) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out days of such constructionrequest, whether such Alteration must be removed. Any Tenant will not be required to remove the subject Alteration by Tenant shall be the property of Tenant until upon the expiration or termination of this Lease; at the Lease if Landlord indicates that time without payment by such Alteration is not required to be removed or if Landlord fails to indicate within the aforesaid ten (10) days that such Alteration shall remain on the Property and become the property of must be removed. If Tenant fails to request that Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterationsindicate whether such Alteration must be removed, Landlord will notify Tenant whether Tenant is required to remove may require the Alterations removal of such Alteration at the expiration of the Lease Term. If, during the Lease Term, any alteration, addition or termination change of this Leaseany sort to all or any portion of the interior of the Premises is required by law, regulation, ordinance or order of any public agency, Tenant shall promptly make the same at its sole cost and expense. If during the Lease Term, any alteration, addition, or change to the Common Area is required by law, regulation, ordinance or order of any public agency as a result of any Alterations performed by Tenant may install its trade fixtures, furniture and equipment in within the Premises, provided that Tenant shall promptly make the installation same at its sole cost and removal of them will not affect any structural portion of expense. If during the PropertyLease Term, any Building System alteration, addition, or change to the Common Area is required by law, regulation, ordinance or order of any public agency other equipment than as provided in the preceding sentence, Landlord shall make the same and the cost of such alteration, addition or facilities serving change shall be a Common Area Charge and, subject to the Building or any occupantlimitations set forth in Paragraph 12 above, Tenant shall pay Tenant's Pro Rata Share of said cost to Landlord as provided in Paragraph 12 above.
Appears in 1 contract
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make any alterations, additions, or permit any Alterations in or improvements to the Premises (including, but not limited to, roof and wall penetrations), without first obtaining the prior written consent of Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the Premises or on behalf of Tenant (whether Building and without overloading or not damaging the Alteration requires Landlord’s consent): (i) not less than 10 days prior Premises or Building, and, in each case, complying with all applicable governmental laws, ordinances, regulations and other requirements. Prior to commencing any Alterationsuch alterations, additions or improvements, Tenant shall deliver provide such assurance to Landlord, as Landlord shall reasonably require, to protect Landlord against any loss from mechanics' or other liens. All alterations, additions, improvements and partitions erected by Tenant (other than movable furniture, furnishings, trade fixtures and the personal property of Tenant, including a demountable clean room), shall become the property of Landlord as of the date of the expiration or earlier termination of this Lease and shall be delivered to Landlord with the plansPremises; provided, specifications however, that if Landlord so elects, such alterations, additions, improvements and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors partitions shall be removed by Tenant and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval restore the Premises to its original condition by the date of any contractor termination of this Lease, reasonable wear and tear and damage by casualty excepted. All such removals and restoration (including the patching of holes in the wall or subcontractor, (iiifloor left by the removal of Tenant's improvements or property) the Alteration shall be constructed with new materials, accomplished in a good and workmanlike manner, manner and in compliance with all Laws and shall not damage the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision primary structure or inspection structural elements of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantBuilding.
Appears in 1 contract
Sources: Lease (Antares Pharma Inc)
Alterations. Except for non-structural Alterations that structural, interior alterations which cost less than Ten Thousand Dollars (i$10,000) do not exceed $5,000 and in no way affect the aggregate, (ii) are not visible from the exterior systems of the PremisesBuilding other than to a deminimus extent and except the alterations and construction to be performed by American Software, Inc. (iii"ASI") do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, for Norfolk Southern Corporation pursuant to that certain letter agreement between ASI and (v) do not require work within the walls, below the floor or above the ceilingTenant, Tenant shall not make make, suffer or permit to be made any Alterations in 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. With respect Subject to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any AlterationSection 31, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insuredsspecific sections of this Lease to the contrary, (ii) Tenant all such alterations, additions and improvements shall obtain become Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the 's property of Tenant until at the expiration or earlier termination of this Lease; at that time without payment by Landlord the Alteration Lease Term and shall remain on the Property and become the property of Landlord Demised Premises without compensation to Tenant unless Landlord gives elects by notice to Tenant at the time of approval of said alterations to have Tenant remove itsuch alterations, additions and improvements, in which event notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 31 thereof, Tenant will shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Notwithstanding the above, Tenant may remove it, will trade-fixture items from the Demised Premises provided that Tenant shall repair any resulting damage and will restore the Premises to the condition existing prior to Leased Premises occasioned by such removal. All of Tenant’s Alteration. At 's personal property on the Demised Premises shall remain the property of Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant.
Appears in 1 contract
Sources: Lease Agreement (Infocrossing Inc)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceilingas otherwise provided herein, Tenant shall not create any openings in the roof or exterior walls, nor shall Tenant make any alterations or permit any Alterations in or additions to the Leased Premises without first obtaining Landlord’s consent, prior written consent which consent shall not be unreasonably withheld. With respect Tenant shall make all additions, improvements, alterations and repairs, nonstructural and structural, on the Leased Premises and on and to the appurtenances and equipment thereof, required by any Alterations such governmental authority or which may be made necessary by the act or on behalf neglect of any person, firm or corporation (public or private), including supporting the streets and alleys adjoining the Leased Premises. Tenant (whether or shall have the right to make non-structural alterations in an amount not the Alteration requires to exceed $20,000.00 without Landlord’s consent): (i) not less than 10 days prior . All work done pursuant to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration this Article IX shall be constructed with new materials, performed in a good and workmanlike manner. Upon completion of any work by or on behalf of Tenant, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of with such constructiondocuments as Landlord may require (including, without limitation sworn contractor’s statements and supporting lien waivers) evidencing payment in full for such work. Any Alteration by Tenant Landlord shall be have the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice right to require Tenant to remove itany tenant improvement constructed by Tenant that Landlord does not wish to retain. In the case of improvements for which Landlord consent was obtained, Landlord’s election for removal of the tenant improvements shall be made at the time consent is requested and in which event Tenant will remove itthe case of tenant improvements that did not require Landlord consent, will repair any resulting damage and will restore the Premises Landlord’s election shall be made not less than 45 days prior to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion end of the Property, any Building System or any other equipment or facilities serving the Building or any occupantthen current Lease Term.
Appears in 1 contract
Alterations. Except Subtenant may, from time to time, at its own cost and expense and without the consent of Sublandlord, make alterations, additions or improvements (collectively herein called "Alterations") of a non-structural nature to the interior of the Sublet Premises whose cost in any one instance is $25,000 or less, provided Subtenant gives Sublandlord fifteen (15) days prior written notice of any such Alterations. To the extent that Subtenant obtains plans and specifications for any such Alterations whose cost is $25,000 or less, Subtenant shall provide Sublandlord with copies of such plans and specifications for Sublandlord's information. If Subtenant desires to make any non-structural Alterations that (i) do not exceed $5,000 in to the aggregate, (ii) are not visible from the exterior interior of the PremisesSublet Premises costing in excess of $25,000 in any one instance, (iii) do not affect any Building System or Subtenant must first obtain the structural strength consent of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consentSublandlord thereto, which consent by Sublandlord shall not be unreasonably withheldwithheld or delayed. With respect Any request by Subtenant to make any non-structural Alterations made by or on behalf to the interior of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing Sublet Premises costing in excess of $25,000 in any Alteration, Tenant one instance shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior include written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection for the Alterations. At the end of the construction Landlord deems necessarySublease Term, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant Subtenant may elect to remove it, in which event Tenant will remove it, will repair or to leave any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any such Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that Subtenant must give Sublandlord written notice of its election as to each Alteration no less than ten (10) months prior to the installation and removal of them will not affect any structural portion expiration of the PropertyTerm. If Subtenant elects to remove any such Alterations, Subtenant's only responsibility upon removal is to repair any Building System or any other equipment or facilities serving damage caused by the Building or any occupantremoval and not to restore the Sublet Premises. All Alterations shall be done by Sublandlord's designated contractors and engineers in accordance with the terms and conditions of the Prime Lease. Without limiting the foregoing, Subtenant shall obtain all necessary licenses and permits, shall perform all Alterations in accordance with all laws, by-laws, rules, regulations, licenses and permits.
Appears in 1 contract
Sources: Sublease (Microsoft Corp)
Alterations. 6.1 Except for non-structural Alterations that those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, or improvements in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) do are not exceed $5,000 structural in the aggregatenature, (ii) are not visible from the exterior of the PremisesBuilding, (iii) do not adversely affect any Building System or the structural strength require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not require penetrations into cost more than $10.00 per rentable square foot of that portion of the floor, ceiling or walls, and (v) do not require work within Premises affected by the walls, below alterations in question.
6.2 In the floor or above the ceiling, Tenant shall not make or permit any Alterations in or event Landlord consents to the Premises without first obtaining making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, contractor reasonably approved by Landlord, (iv) in either event at Tenant’s sole cost and expense. If Tenant shall pay employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all reasonable delays, damages and extra costs and expenses suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s review of Tenant’s plans demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and specificationsregulations, using Building standard materials where applicable, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alterationconstruction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord reasonable security as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against liens arising out of such constructionany loss from any mechanic’s, materialmen’s or other liens. Any Alteration by Tenant shall be pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the property of Tenant until the expiration or termination of this LeaseTerm, as such increase is ascertainable; at that time without payment by Landlord the Alteration Landlord’s election said sums shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment be paid in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantsame way as sums due under Article 4.
Appears in 1 contract
Alterations. LICENSEE may install certain facilities as follows (collectively, “Permitted Facilities”):
(1) Temporary improvements reasonably necessary in connection with the Activities, including fencing, pavement and paving work, temporary and non- permanently attached job site trailers, storage containers and portable restroom facilities, and
(2) signage, pavement and paving work, lighting and other temporary roadway improvements reasonably approved by CITY. Except for non-structural Alterations that (i) do not exceed $5,000 in as expressly provided above with respect to the aggregatePermitted Facilities, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant LICENSEE shall not make any alterations, additions, improvements or permit any Alterations in or to the Premises other changes without first obtaining LandlordCITY’s prior written consent, which consent shall not be unreasonably withheldCITY may withhold in its sole and absolute discretion. With The Permitted Facilities, and all other alterations, additions, improvements or other changes on or with respect to any the ▇▇▇▇▇▇▇ Lot for which the consent of the CITY has been secured are hereinafter collectively referred to as the “Alterations.” All such Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed made in accordance with new materialsall applicable Laws, in a good and workmanlike manner, and in compliance with all Laws at the sole cost and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review expense of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such constructionLICENSEE. Any Alteration by Tenant shall be the property of Tenant until the expiration or Upon termination of this Lease; License, at that time without payment CITY’s request, LICENSEE shall remove all Alterations, if any. No compensation shall be owed to LICENSEE in any event for any Alterations made by Landlord LICENSEE to the Alteration ▇▇▇▇▇▇▇ Lot. Any damage caused by the installation or removal of Alterations shall remain be repaired by Licensee at its sole cost and expense, as reasonably required to restore the ▇▇▇▇▇▇▇ Lot to substantially the same condition as it was in on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination date of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantAgreement.
Appears in 1 contract
Sources: License Agreement
Alterations. Except Prior to making or permitting to be made any alterations, additions or improvements ("Alterations") to the Premises or any part thereof, Tenant shall first submit a detailed description thereof to Landlord and obtain Landlord's written approval, which shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Landlord's approval shall not be required (but prior notice to Landlord describing the proposed Alterations must be provided) for non-structural (a) painting, (b) carpet refurbishment, or (c) Alterations that (i) that: do not exceed $5,000 75,000 in the aggregate, ; and (iii) are not visible from the exterior of the Premises, ; (iiiii) do not affect any Building System system or the structural strength elements of the Building, ; (iviii) do not require material penetrations into the floor, ceiling or walls, ; and (viv) do not require material work within the walls, below the floor or above the ceiling. For any Alterations, Landlord, at Landlord's option, shall have the right to provide construction management for and on behalf of Tenant, at Tenant's sole expense, constituting five percent (5%) of the Alteration's total cost. All alterations, additions or improvements made by Tenant subsequent to the Tenant Improvements and all fixtures attached to the Premises shall become the property of Landlord and remain at the Premises or, at Landlord's option, after written notice to Tenant upon providing approval to said Alterations, any or all of the foregoing which may be designated by Landlord shall be removed at the cost of Tenant before the expiration or sooner termination of this Lease and in such event Tenant shall repair all damage to the Premises caused by the installation or removal. Notwithstanding anything in this Lease, unless otherwise requested by Landlord in writing, Tenant shall remove all Direct Tenant Work (defined at Article 8(1) hereof) and shall repair all damage to the Premises caused by the installation or removal of such Direct Tenant Work. Subject to Article 16(a)(ix) below, Tenant shall not make erect or permit place, or cause or allow to be erected or placed, any Alterations sign, advertising matter, lettering, stand, booth, showcase or other article or matter in or to upon the Premises and/or the Building, without first obtaining the prior written consent of Landlord’s consent, which consent shall not be unreasonably withheld. With respect to , conditioned or delayed; provided, however, that Landlord's consent may be withheld in its sole discretion for any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall such improvement which would be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property exterior of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantvisible from outside of the Building. Tenant shall not place weights anywhere beyond the safe carrying capacity of the structure.
Appears in 1 contract
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregateLessee shall obtain Lessor's prior written consent to any additions, (ii) are not visible from the exterior modifications or improvements to any part of the PremisesLeased Property (individually and collectively, (iii"ALTERATIONS") do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which provided that Lessor's consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review any Alterations that (together with the related cost of Tenant’s plans such alterations) have been provided for in the Annual Budget, provided that such Alterations (a) do not adversely affect any structural component of any Facility, any utility or HVAC system contained in any Facility or the exterior of any building constituting a part of any Facility and specificationsthe aggregate cost thereof does not exceed the lesser of (x) One Million Dollars ($1,000,000) and (y) an amount equal to three percent (3%) of the amount listed in column F for the applicable Facility, or (b) are Alterations performed in connection with the restoration of the Leased Property after the occurrence of a casualty or condemnation in accordance with the terms and provisions of this Lease and the Loan Documents. If Lessee desires to make any Alterations, Lessee shall provide a written request to Lessor, along with any additional materials, plans, budgets and other items requested by Lessor. The cost of such additions, modifications or improvements to the Leased Property shall be paid by Lessee, and of any supervision or inspection of the construction Landlord deems necessaryall such additions, modifications and (v) upon Landlord’s request Tenant improvements shall, prior to commencing without payment by Lessor at any Alterationtime, provide Landlord reasonable security against liens arising out be included under the terms of such construction. Any Alteration by Tenant shall be the property of Tenant until the this Lease and upon expiration or earlier termination of this Lease; at that time without payment by Landlord the Alteration Lease shall remain on the Property pass to and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises Lessor. Notwithstanding anything to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making contrary contained herein, if Lessor approves of any Alterations, Landlord will notify Tenant whether Tenant is required Lessor shall have the right (but not the obligation) to remove require Lessee to deliver to Lessor funds for such Alterations in an amount deemed by Lessor, in Lessor's reasonable discretion, to be adequate of such Alterations, which funds shall be disbursed by Lessor in accordance with the Alterations at the expiration or termination practices of this Lease. Tenant may install its trade fixtures, furniture and equipment commercially reasonable construction lenders in the Premises, provided that jurisdiction in which the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantLeased Property is located.
Appears in 1 contract
Alterations. Except for non-structural Alterations Tenant shall not, without on each occasion first obtaining Landlord's prior written consent, such consent not to be unreasonably withheld or delayed, make any alterations, improvements or additions to the premises, except that Tenant may, without consent of Landlord but with prior written notice to Landlord, make minor improvements to the interior of the Premises provided that: (i) they do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or impair the structural strength strength, operation or value of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing the commencement of the work and to the extent applicable, (and excluding any Alterationpersonal property therein or trade fixtures installed therein shall) deliver to Landlord waivers of liens, provide Landlord reasonable security against liens arising out in form acceptable to Landlord, from all contractors, subcontractors and materialmen performing such work, and shall take all steps required or permitted by law to avoid the imposition of such constructionany mechanics' lien upon the Premises, Building and Land. Any Alteration by Tenant shall be All alterations, improvements and additions, except for minor alterations and improvements (and excluding any personal property therein or trade fixtures installed therein shall) become part of the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property Premises and become the property of Landlord unless without payment therefor by Landlord gives notice and shall be surrendered to Landlord at the end of the Term; PROVIDED, HOWEVER, if so notified by Landlord, Tenant shall, prior to the end of the Term, remove itall and any such alterations and improvements made by Tenant after initial occupancy, in which event Tenant will remove itor the parts thereof specified by Landlord, will repair any resulting damage and will restore from the Premises to the condition existing prior to Tenant’s Alterationand shall repair all damages caused by installation and removal. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination For purposes of this Lease. Tenant may install its trade fixturesSection 14, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant"minor improvements" shall be defined as those improvements costing no more than $25,000.
Appears in 1 contract
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, 1. Tenant shall not make any alterations, installations, changes, replacements, additions or permit any Alterations improvements (structural or otherwise) in or to the said Premises or any part thereof without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractorLandlord of the design, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) therefore. Tenant shall pay Landlord all reasonable costs keep the said Premises and expenses in connection with Landlord’s review the building and grounds of Tenant’s plans which it is a part free and specifications, and clear of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of any work performed, materials furnished, or obligations incurred by ▇▇▇▇▇▇, including mechanic's liens.
2. It is specifically understood that all alterations, installations, changes, replacements, additions or improvements upon the said Premises shall, at the election of the Landlord, remain upon the said Premises and be surrendered by the Tenant with the said Premises at the expiration of this lease without disturbance or injury, unless otherwise agreed by the Tenant and Landlord in writing. Should Landlord require Tenant to remove any or all alterations, installations, changes, replacements, additions or improvements upon the said Premises upon termination of this lease or any extension thereof, Tenant agrees to remove those items so designated by Landlord at the sole cost and expense of Tenant. Shall Tenant fail to remove those items so designated by Landlord, then Landlord may cause the said items to be removed, and ▇▇▇▇▇▇ agrees to reimburse Landlord for the cost of such constructionremoval, together with any and all reasonable damage which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same.
3. Any Alteration Maintenance and repair of any items installed by Tenant ▇▇▇▇▇▇ as outlined in this Article shall be the property sole responsibility of Tenant, and Landlord shall have no obligation to maintain or repair the said items unless the parties agree otherwise in writing.
4. Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will promptly repair any resulting damage and will restore the Premises all damages caused to the condition existing prior said Premises or to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at building and grounds of which the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that said Premises are a part which are occasioned by the installation and or removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantalteration made pursuant to this Article.
Appears in 1 contract
Sources: Lease Agreement
Alterations. Except for non-structural (a) Tenant shall not construct any alterations, improvements, or additions or otherwise alter the Leased Premises (“Alterations”) without Landlord’s prior written consent, provided, however, that Tenant shall be entitled, without Landlord’s prior consent, to make Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) that do not affect any Building System or the structural strength integrity, the exterior sections, or water-tight nature of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (vii) do the reasonably estimated cost of which does not require work within the walls, below the floor or above the ceilingexceed [amount]. If Landlord’s approval for any Alterations is required, Tenant shall not make or permit any undertake the Alterations in or until Landlord has given written consent to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and the Alterations shall be constructed substantially in compliance with plans and specifications approved by a licensed contractor and by Landlord. All Alterations shall be constructed by a licensed contractor in accordance with all Laws using new materials of good quality.
(b) Tenant shall not commence construction of any supervision or inspection Alterations until:
(i) all required governmental approvals and permits have been obtained,
(ii) all requirements regarding insurance imposed by this Lease have been satisfied,
(iii) Tenant has given Landlord at least ten (10) days’ prior written notice of Tenant’s intention to commence construction, and
(iv) Tenant has provided to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1 1/2) the estimated cost of the construction Alterations, to insure Landlord deems necessaryagainst any liability for mechanics’ and materialmen’s liens and to ensure completion of the Alterations.
(c) Tenant shall pay, and (v) upon Landlordwhen due, all claims for labor or materials furnished or alleged to have been furnished in connection with the Alterations that are or may become mechanics’ or materialmen’s request liens against the Leased Premises or the Project or any interest in them. Tenant shall have the right to, in good faith, contest the validity of any lien, claim, or demand, provided that Tenant shall, prior to commencing any Alterationat Tenant’s sole expense, provide defend Landlord reasonable security against liens arising out the lien, claim, or demand, and, upon the request of such construction. Any Alteration by Landlord, Tenant shall furnish to Landlord a surety bond in an amount equal to the contested lien, claim, or demand indemnifying Landlord against liability and holding the Leased Premises, the Building, and the Project free from the effect of the lien, claim, or demand. In addition, Landlord may require Tenant to pay Landlord’s attorney’s fees and costs in connection with the defense of any lien, claim, or demand. Tenant shall pay and satisfy any adverse judgment that may be rendered to enforce the lien, claim, or demand against the Landlord, the Leased Premises, or the Project.
(d) All Alterations shall be and remain the property of Tenant until during the term of this Lease but shall not be altered or removed from the Leased Premises. At the expiration or sooner termination of the term of this Lease, all Alterations shall become the property of Landlord, and Landlord shall have no obligation to reimburse Tenant for any portion of the value or cost. However, Landlord shall have the right to require Tenant to remove any Alterations; in that case, Tenant shall remove the Alterations prior to the expiration or sooner termination of the term of this Lease. However, Tenant shall not be obligated to remove any Alterations with respect to which:
(i) Tenant was required or elected to obtain the consent of Landlord;
(ii) at the time Tenant requested the consent of Landlord, Tenant requested that Landlord inform Tenant of whether Landlord would require Tenant to remove the Alteration at the expiration of the term of this Lease; and
(iii) at the time Landlord granted consent, Landlord notified Tenant that time without payment by Landlord would not require the removal of the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of the term of this Lease. .
(e) Tenant may install its trade fixturesshall make any alteration, furniture and equipment in addition, or change of any sort to the Premises, provided Leased Premises that the installation and removal is required by any Law because of:
(i) Tenant’s particular use or change of them will not affect any structural portion use of the PropertyLeased Premises;
(ii) Tenant’s application for any permit or governmental approval; or
(iii) Tenant’s construction or installation of any Alterations. Any other alteration, any Building System addition, or any other equipment or facilities serving change required by Law shall be the Building or any occupantresponsibility of Landlord, subject, if any, to Landlord’s right of reimbursement in Section 6.
Appears in 1 contract
Sources: Industrial Lease
Alterations. Except for non-structural Alterations Notwithstanding anything to the contrary contained in the Lease, Tenant shall not permit alterations in or to the Leased Premises unless and until the plans and the contractor have been approved by Landlord in writing; provided, however, that Tenant shall have the right to make alterations to the Leased Premises without obtaining Landlord’s prior written consent provided that (i) such alterations do not exceed Twenty Thousand Dollars ($5,000 20,000.00) in cost in any one instance and Fifty Thousand Dollars ($50,000.00) in cost in the aggregate, aggregate during the Lease Term; (ii) such alterations are not visible from the exterior of the Premises, non-structural in nature; and (iii) do not affect any Building System or Tenant provides Landlord with prior written notice of its intention to make such alterations stating in reasonable detail the structural strength nature, extent and estimated cost of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, such alterations together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered tofor the same. Without limiting the foregoing, andat such time, if required at all, as Tenant’s alterations made without obtaining Landlord’s consent reach the $50,000.00 aggregate cost threshold referenced above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlordhave the right to make additional alterations to the Leased Premises without obtaining ▇▇▇▇▇▇▇▇’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, prior written consent only if clauses (ii) and (viii) upon Landlord’s request Tenant shall, prior to commencing above are satisfied and such alterations do not exceed Five Thousand ($5,000.00) in cost in the aggregate during any Alteration, provide Landlord reasonable security against liens arising out of such constructionsubsequent six (6) month period. Any Alteration by Tenant shall be the property of Tenant until Upon the expiration or any earlier termination of this Lease; at that time without payment by Landlord the Alteration Lease Tenant shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant have no obligation hereunder to remove itany such alterations unless, in which event Tenant will remove it, will repair any resulting damage and will restore (x) at the Premises time Landlord consents to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterationssuch alteration, Landlord will notify expressly requires such removal, or (y) if Landlord’s consent is not required, Landlord notifies Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion writing promptly following Landlord’s receipt of the Property, any Building System or any other equipment or facilities serving the Building or any occupantnotice required pursuant to clause (ii) above.
Appears in 1 contract
Sources: Office Lease (TRX Inc/Ga)
Alterations. Except Subtenant may, from time to time, at its own cost and expense and without the consent of Sublandlord, make alterations, additions or improvements (collectively herein called "Alterations") of a non-structural nature to the interior of the Sublet Premises whose cost in any one instance is $25,000 or less, provided Subtenant gives Sublandlord fifteen (15) days prior written notice of any such Alterations. To the extent that Subtenant obtains plans and specifications for any such Alterations whose cost is $25,000 or less, Subtenant shall provide Sublandlord with copies of such plans and specifications for Sublandlord's information. If Subtenant desires to make any non-structural Alterations that (i) do not exceed $5,000 in to the aggregate, (ii) are not visible from the exterior interior of the PremisesSublet Premises costing in excess of $25,000 in any one instance, (iii) do not affect any Building System or Subtenant must first obtain the structural strength consent of the Building, (iv) do not require penetrations into the floor, ceiling or walls, Sublandlord and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consentLandlord thereto, which consent by Sublandlord shall not be unreasonably withheldwithheld or delayed. With respect Any non-structural Alterations to the interior of the Sublet Premises costing in excess of $25,000 in any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant one instance shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior include written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection for the Alterations. At the end of the construction Landlord deems necessarySublease Term, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant Subtenant may elect to remove it, in which event Tenant will remove it, will repair or to leave any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any such Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that Subtenant must give Sublandlord written notice of its election as to each Alteration no less than ten (10) months prior to the installation and removal of them will not affect any structural portion expiration of the PropertyTerm. If Subtenant elects to remove any such Alterations, Subtenant's only responsibility upon removal is to repair any Building System or any other equipment or facilities serving damage caused by the Building or any occupantremoval and not to restore the Sublet Premises. All Alterations shall be done by Sublandlord's designated contractors and engineers in accordance with the terms and conditions of the Prime Lease. Without limiting the foregoing, Subtenant shall obtain all necessary licenses and permits, shall perform all Alterations in accordance with all laws, by-laws, rules, regulations, licenses and permits.
Appears in 1 contract
Sources: Sublease (Microsoft Corp)
Alterations. Except for non-structural Alterations that (i) do not exceed structural, non-exterior, non-building systems alterations costing less than $5,000 50,000 in the aggregateaggregate in any 12-month period, (ii) are Tenant may make no alterations or improvements to the Premises without the prior written consent of Landlord, which Landlord may not visible from unreasonably withhold, condition or delay; provided that irrespective of the cost of an alteration, any alteration that is structural, effects building systems or is to the exterior of the Premises, (iii) do not affect any Building System or Premises shall required the structural strength prior written consent of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not may be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires withheld in Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord sole discretion. At the plans, specifications and necessary permits for the Alteration, together with certificates evidencing time that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to consent, Landlord will state whether Landlord will require Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage the alterations at the end of the Lease Term and will to restore the Premises to their condition before Tenant made the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Leasealterations. Tenant may shall not install its trade fixtures, furniture and equipment any “through-the-wall” or “through-the-window” heaters or air-conditioners in the Premises. Tenant shall make any approved alterations in accordance with all applicable laws and regulations, provided that the installation with all required building permits, and removal with arrangements acceptable to Landlord to eliminate risk of them will not affect any structural portion of the Property, any Building System mechanic’s or any other equipment or facilities serving construction liens attaching to the Building or to the Premises. Tenant indemnifies Landlord against any occupantcost or expense incurred by Landlord to investigate, contest, or satisfy any mechanic’s or construction lien on the Building or the Premises that results from any alterations authorized or contracted for by Tenant. All alterations shall be made by Tenant at Tenant’s sole cost and expense, including any alterations required to the Building that are required by an alteration Tenant makes to the Premises.
Appears in 1 contract
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall will not make or permit to be made any Alterations in or ----------- alterations, improvements and additions to the Leased Premises without first obtaining or any part thereof except by and with the prior written consent of Landlord’s consent, which consent shall not be unreasonably withheld. With respect All alterations, improvements and additions to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration Leased Premises shall be constructed with new materials, made in a good and workmanlike manner, and in compliance accordance with all Laws applicable laws and shall at once when made or installed be deemed to have attached to the plans freehold and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and have become the property of Landlord unless and except as provided in section 12 of this Lease shall remain for the benefit of Landlord gives at the end of the term of this Lease or other expiration of this Lease in as good order and condition as they were when installed, reasonable wear and tear and damage by insured casualty excepted; provided, however, if at the time of such alterations, the parties hereto agreed that such alterations were to be removed at the termination of this Lease, Tenant shall at Tenant's sole cost and expense promptly remove the alterations, improvements and additions which were placed in the Leased Premises by Tenant and which are designated in said notice to Tenant to remove it, in which event Tenant will remove it, will and repair any resulting damage occasioned by such removal and will restore the Leased Premises to the condition existing in which they were prior to such alterations, improvements or additions, reasonable wear excepted, and in default thereof Landlord may effect said removals and repairs at Tenant’s Alteration's expense. At Tenant’s request prior In the event of making such alterations, improvements and additions as herein provided, Tenant further will indemnify and save harmless Landlord from all reasonable expense, liens, claims or damages or injuries to Tenant either persons or property arising out of, or resulting from the undertaking, making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Propertysaid alterations, any Building System or any other equipment or facilities serving the Building or any occupantadditions and improvements.
Appears in 1 contract
Sources: Lease Agreement (CDW Holding Corp)
Alterations. Except for non-structural as provided in Article 5.C. above, Tenant shall make no alterations or additions to the Premises (“Alterations”) without the prior written consent of Landlord, which consent may be withheld in Landlord’s reasonable discretion. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations that (i) do not exceed $5,000 [*], in the aggregate, (ii) provided such Alterations are not visible from the exterior of the Premises, (iii) interior in nature and do not affect or impact the exterior, structure of or systems (including, without limitation, life safety systems) serving any Building System or the structural strength portion of the Building. In all events, Alterations may only be performed (ivi) do not require penetrations into the floor, ceiling by contractors or walls, and mechanics approved by Landlord in writing (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent approval shall not be unreasonably withheld, conditioned or delayed) and (ii) upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant, at its sole cost and expense, which approval shall not be unreasonably withheld, conditioned or delayed. With respect Tenant shall, at its sole cost and expense, obtain all necessary approvals and permits pertaining to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord. Tenant hereby indemnifies, (iv) defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of any Alterations. If permitted Alterations are made, they shall be made at Tenant’s plans sole cost and specifications, expense and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord, except that Landlord unless Landlord gives may, by written notice to Tenant given at the time of approval of such Alterations, require Tenant, at Tenant’s expense, to remove itall partitions, counters, railings and other Alterations installed by Tenant, and to repair any damages to the * Confidential treatment requested; certain information omitted and filed separately with the SEC. Premises caused by such removal. Any and all costs attributable to or related to the applicable building codes of the city in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant Building is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System located (or any other equipment authority having jurisdiction over the Building) arising from Tenant’s plans, specifications, improvements, alterations or facilities serving the Building otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any occupant.other work arising from or related to this Article 5.D., Landlord shall be entitled to receive an administrative/supervision fee not to exceed [*] percent ([*]%) if smaller than $[*] and [*] percent ([*]%) above $[*] (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such work. The construction of Tenant’s Work shall be governed by the terms and conditions of Exhibit B, and not the terms of this Article 5.D.
Appears in 1 contract
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall will not make any alterations, renovations, improvements or permit any Alterations in other installations in, on or to the Premises or any part thereof that would alter or change any of the structural components or aspects of the Premises (“Structural Alterations”) without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor thereof, which approval Landlord will not unreasonably withhold, condition or subcontractordelay; provided, (iii) the Alteration shall be constructed with new materialshowever, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay that Landlord all reasonable costs and expenses in connection with may condition Landlord’s review of approval on Tenant’s plans and specificationsagreement that Tenant, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease, at Tenant’s cost, remove all Structural Alterations, repair all damage to the Premises caused by the installation or removal of such Structural Alteration and restore all structural components removed by Tenant. Tenant may install its trade fixturesshall have the right to make any other alterations without obtaining the consent of Landlord but shall make them in a good and workmanlike manner in accordance with all applicable laws, furniture rules and equipment in codes and all other valid requirements of appropriate governmental authorities. Unless Landlord at the Premisestime of approval shall require removal thereof, provided that the installation and removal of them will not affect any structural portion all Structural Alterations shall become a part of the PropertyImprovements and the property of Landlord upon expiration or other termination of this Lease. All non-structural alterations to the Premises shall become the property of Landlord at the expiration or other termination of the Lease; provided, however, that Landlord at Landlord’s option may require Tenant at Tenant’s cost to remove some or all non-structural alterations and to restore and repair any Building System damage caused by such removal. Upon Tenant’s written request at any time not more than six (6) months before the expiration of the Term, Landlord shall notify Tenant in writing of whether Landlord elects to cause the removal by Tenant of some or any other equipment or facilities serving the Building or any occupantall of Tenant’s non-structural alterations.
Appears in 1 contract
Sources: Lease Agreement (Boston Gear LLC)
Alterations. Except for non-structural Alterations that (i) do not exceed alterations costing less than $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling5,000, Tenant shall not make no alterations, additions or permit any Alterations in or improvements to the Premises without first obtaining the prior written consent of Landlord’s consent, which consent in the case of non-structural alterations costing more than $5,000.00 shall not be unreasonably withheldwithheld or delayed, but in the case of structural alterations is to be given or withheld in Landlord’s reasonable discretion, and in any such case such alterations shall only be made in accordance with complete construction documents approved in advance by Landlord. With respect to any Alterations made by or on behalf of Tenant (All alterations, additions and improvements, whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain requiring Landlord’s prior written approval consent, shall be done only by contractors approved in advance by Landlord. Tenant shall obtain all necessary permits before undertaking any such alterations, additions or improvements and shall carry such insurance and obtain such payment. performance and ▇▇▇▇ ▇▇▇▇▇ as Landlord shall reasonably require. Tenant shall furnish Landlord with plans of any contractor completed alterations, additions or subcontractorimprovements. Any alterations, (iii) additions and improvements to the Alteration Premises, except movable furniture and trade fixtures, shall belong to Landlord. All alterations, additions and improvements to the Premises shall be constructed with new at Tenant’s sole cost. If any mechanic’s lien (which term shall include all similar liens relating to the furnishing of labor and materials) is filed against the Premises, in a good and workmanlike mannerwhich is claimed to be attributable to Tenant, and in compliance with all Laws and the plans and specifications delivered toits agents, andemployees or contractors, if required above, approved by Landlord, (iv) Tenant shall pay give immediate notice of such lien to Landlord all reasonable costs and expenses in connection with shall discharge the same by payment or filing any necessary bond within 10 days after Tenant has notice (from any source) of such lien. Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection approval of the construction Landlord deems necessarydocuments shall signify Landlord’s consent to the work shown thereon only, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration solely responsible for any errors or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantomissions contained therein.
Appears in 1 contract
Sources: Lease (Ikos Systems Inc)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations alterations in or additions to the Premises premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s 's prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, consent in a good each and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered toevery instance, and, if required abovesuch consent be sought, approved by shall comply, before any work is done or any materials are delivered on the premises or into the building in which the premises is located, with Landlord's request for plans, (iv) specifications, names of contractors, copies of contracts, necessary permits, and indemnification against liens, costs, damages and expense of all kinds, and shall submit to Landlord's supervision over operations during construction. Tenant shall pay notify Landlord all reasonable costs and expenses in connection with Landlord’s review writing at least five (5) days in advance of Tenant’s plans and specificationscommencement of construction in order to give Landlord time to post Notices of Non-responsibility, and Tenant shall keep the premises free of any supervision liens or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing encumbrances in any Alteration, provide Landlord reasonable security against liens arising out of such constructionevent. Any Alteration by Tenant shall be the property of Tenant until the expiration carry adequate liability insurance to protect Landlord against any and all damage or termination of this Leaseloss suffered by anyone resulting from any such alterations or construction work; at that time without payment by and said insurance policy or policies shall name Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove itas an additional insured. All additions, in which event Tenant will remove ithardware, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterationsfixtures or improvements, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration temporary or termination of this Lease. Tenant may install its trade fixturespermanent, except movable furniture and equipment belonging to Tenant, in or upon the Premisespremises, provided that whether installed by Tenant or Landlord, shall be Landlord's property and shall remain upon the installation and removal of them will not affect any structural portion premises upon termination of the Propertyterm of this lease by lapse of time or otherwise, any Building System all without compensation, allowance or credit to Tenant. Tenant shall have the right to remove said movable furniture and equipment belonging to Tenant prior to the termination of the term or Tenant's right of possession only if Tenant is then not in default. Landlord shall have a lien on said moveable furniture and equipment to secure the performance of Tenant's covenants hereunder, but such lien shall not deprive Landlord of the right to attachment or any other equipment creditor's rights given by law in the absence of security, or facilities serving the Building or any occupantother remedies provided in this lease.
Appears in 1 contract
Alterations. Except Tenant shall not make any alteration of or addition to the Demised Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed, except for non-structural Alterations interior, nonstructural alterations of a decorative nature that do not exceed more than $25,000 in the aggregate. All alterations performed in the Demised Premises by Tenant, whether or not requiring Landlord's consent, shall be performed: (i) do not exceed $5,000 in the aggregateat Tenant's sole cost and expense, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, by contractors and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations subcontractors approved in or to the Premises without first obtaining advance in writing by Landlord’s consent, which consent approval shall not be unreasonably withheld. With respect to any Alterations made by withheld or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alterationdelayed, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, manner and in compliance accordance with all Laws applicable laws and the ordinances. For any alterations requiring Landlord's approval, Tenant shall first submit to Landlord, for Landlord's approval, detailed drawings, plans and specifications delivered to, and, if required above, depicting such work. Tenant may not commence any such work unless Landlord has approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s the plans and specifications, and of any supervision or inspection of therefor. All alterations to the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration Demised Premises by Tenant shall be the property of Tenant until the expiration or earlier termination of this Lease; at that time without payment by Landlord . Upon the Alteration expiration or earlier termination of this Lease, all such alterations shall remain on at the Property Demised Premises and become the property of Landlord without payment by Landlord therefor, unless Landlord gives such alternations may be removed by Tenant without damage to the Premises. Notwithstanding the foregoing, Landlord, at Landlord's option, shall have the right to require that any or all of such alterations be removed upon the expiration or earlier termination of this Lease by providing written notice thereof to Tenant to remove itTenant, in which event Tenant will Tenant, at ▇▇▇▇▇▇'s sole cost and expense, shall remove it, will such alterations and repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantdamage.
Appears in 1 contract
Sources: Office Lease
Alterations. Except Tenant will not make or permit anyone to make any alterations, decorations, additions, or improvements, structural or otherwise, in or to the demised premises or the Building ("Alterations") without the prior written consent of Landlord; provided, however, that Landlord's consent shall not be required for non-structural Alterations that (i) do not exceed which cost less than $5,000 25,000 to perform. All Alterations permitted by Landlord must conform to all rules, regulations, and requirements of the federal, state, and municipal governments, and conform harmoniously with the Building's design and interior decoration. Tenant shall and does hereby indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, or damages to person or property which may or might arise by reason of the making of any Alterations. If any Alteration is made without the prior written consent of Landlord, Landlord may correct or remove the same, and Tenant shall be liable for any and all expenses incurred by Landlord in the aggregate, (ii) are not visible from the exterior performance of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheldthis work. With respect to any All Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant either party shall, prior to commencing any Alterationat Landlord's election, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be immediately become the property of Landlord and shall remain upon and be surrendered with the demised premises as a part thereof at the end of the term hereof without disturbance, molestation, or injury. Should Landlord elect that any Alterations installed by Tenant until be removed upon the expiration or termination of this Lease; , Tenant shall remove the same at that time without payment by Landlord the Alteration shall remain on the Property Tenant's sole cost and become the property of Landlord unless Landlord gives notice to expense and if Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required fails to remove the Alterations same, Landlord may remove the same at Tenant's expense and Tenant shall reimburse Landlord for the expiration or termination cost of this Lease. Tenant such removal together with any and all damages which Landlord may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal sustain by reason of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantsuch default by Tenant.
Appears in 1 contract
Sources: Office Lease (Radio One Inc)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 Landlord is under no obligations to make any alterations, decorations, additions, improvements, demolitions or other changes in or to the aggregateLeased Premises. Tenant shall have the right, (ii) are not visible from at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the exterior of the PremisesLeased Premises as Tenant may desire, (iii) do not affect any Building System or the structural strength of the BuildingPROVIDED, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceilingHOWEVER, Tenant shall not make undertake any material alteration, decoration, installation or permit any Alterations in or addition to the Leased Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming written consent of Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior when required by any mortgagee, the written approval consent of any contractor mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or subcontractor, (iii) additions to the Alteration Leased Premises shall be constructed with new materials, in a good and workmanlike manner, and made in compliance with all Laws local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the plans Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and specifications delivered tomovable equipment, andfurniture and trade fixtures owned by Tenant, if required aboveall of which may be removed by Tenant. Landlord may, approved by Landlordnonetheless, (iv) require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord all reasonable costs and expenses on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with Landlord’s review of any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s plans sole cost and specificationsexpense, and by the payment thereof or by the filing of any supervision or inspection of the construction Landlord deems necessary, and (v) upon a bond acceptable to Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant.
Appears in 1 contract
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate2.5.1 Tenant may make alterations, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System additions or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or improvements to the Premises without first obtaining Landlord’s consent(“Alterations”) only with the prior written consent of Landlord and Lismar Properties which, which consent with respect to alterations not affecting the structural components of the Premises or utility systems therein, shall not be unreasonably withheld. With respect to any Alterations made , conditioned, or delayed by or on behalf of Tenant (whether or not the Alteration requires Landlord.
2.5.2 Tenant’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver written request to Landlord for Alterations must include the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that names of Tenant’s contractors and subcontractors have adequate insurance coverage naming reasonably detailed plans and specifications for proposed Alterations.
2.5.3 Landlord must respond to Tenant’s written request for Alterations within thirty (30) days of receiving said request.
2.5.4 The term “Alterations” does not include installation of shelves, movable partitions, Tenant’s equipment, and trade fixtures that may be performed without damaging existing improvements or the structural integrity of the Premises; Landlord, Liberty Property Trust and any other associated ’s consent shall not be required for Tenant’s installation or affiliated entity as their interests may appear as additional insureds, (ii) removal of such items.
2.5.5 Tenant shall obtain Landlordperform all work related to Alterations of the Premises at Tenant’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and expense in compliance with all Laws applicable laws and the shall complete all Alterations in accordance with plans and specifications delivered toapproved in writing by Landlord and Lismar Properties, and, if required above, using contractors approved in writing by Landlord, (iv) Landlord and Lismar Properties.
2.5.6 Tenant shall pay Landlord when due, or furnish a bond for payment of, all reasonable costs and expenses claims for labor or materials furnished to or for Tenant at or for use in connection with Landlord’s review of Tenant’s plans and specificationsthe Premises, and of which claims are or may be secured by any supervision mechanics’ or inspection materialmens’ liens against the Premises or any interest therein.
2.5.7 Tenant shall remove all Alterations at the end of the construction Lease Term unless Landlord deems necessaryand Lismar Properties consent in writing for Tenant to leave specified Alterations at the Premises, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by in which case Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration not remove such Alterations and they shall remain on the Property and become the property of Landlord unless Landlord gives notice to and Lismar Properties. Tenant to remove it, in which event Tenant will remove it, will shall immediately repair any resulting damage and will restore to the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and caused by removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantAlterations.
Appears in 1 contract
Alterations. Except for non-structural Alterations that Borrower may, without Lender’s consent, perform alterations to the Improvements and Equipment which (i) do not exceed $5,000 in the aggregateconstitute a Material Alteration, (ii) are do not visible from adversely affect Borrower’s financial condition or the exterior value or Net Operating Income of the Premisesany Borrowing Base Property, (iii) do not affect any Building System or are in the structural strength ordinary course of the BuildingBorrower’s business, and (iv) do not require penetrations into materially change or impact the flooruse or zoning of, ceiling or wallsaccess to, and (v) do not require work within any Borrowing Base Property or reduce the walls, below the floor or above the ceiling, Tenant parking ratio thereof. Borrower shall not make or permit perform any Alterations in or to the Premises Material Alteration without first obtaining LandlordLender’s prior written consent, which consent shall not be unreasonably withheld. With respect withheld or delayed; provided, however, that Lender may, in its sole and absolute discretion, withhold consent to any Alterations made alteration the cost of which is reasonably estimated to exceed $1,000,000 (as determined by or on behalf Lender in its reasonable discretion). Lender may, as a condition to giving its consent to a Material Alteration, require that Borrower deliver to Lender security for payment of Tenant (whether or not the cost of such Material Alteration requires Landlord’s consent): in an amount equal to 125% of the cost of the Material Alteration as estimated by Lender. Upon substantial completion of the Material Alteration, Borrower shall provide evidence satisfactory to Lender that (i) the Material Alteration was constructed in accordance with applicable Legal Requirements and substantially in accordance with plans and specifications approved by Lender (which approval shall not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated be unreasonably withheld or affiliated entity as their interests may appear as additional insuredsdelayed), (ii) Tenant shall obtain Landlord’s prior written approval all contractors, subcontractors, materialmen and professionals who provided work, materials or services in connection with the Material Alteration have been paid in full and have delivered unconditional releases of any contractor or subcontractor, lien and (iii) all material Licenses necessary for the use, operation and occupancy of the Material Alteration (other than those which depend on the performance of tenant improvement work) have been issued. Borrower shall be constructed with new materialsreimburse Lender upon demand for all out-of-pocket costs and expenses (including the reasonable fees of any architect, engineer or other professional engaged by Lender) incurred by Lender in a good and workmanlike manner, and in compliance with all Laws and the reviewing plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses or in connection with Landlord’s review of Tenant’s plans and specifications, and of making any supervision or inspection of determinations necessary to implement the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination provisions of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantSection 4.6.2.
Appears in 1 contract
Sources: Loan Agreement (GTJ REIT, Inc.)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to not, without the Premises without first obtaining Landlord’s consent, prior written consent of Landlord which consent shall not be unreasonably withheldwithheld so long as Tenant demonstrates financial assurance of its ability to restore the Premises to original condition, make any alterations, improvements, or additions to the Premises, including, but not limited to, partitions, wall coverings, floor coverings, special lighting or equipment installations and structural changes (collectively the "Alterations"). With respect Notwithstanding anything else in this Section 10.2, Tenant may make non-structural changes to any Alterations made by or on behalf the Premises (including roof penetrations) the cost of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not which is less than 10 $50,000 per project without Landlord's consent provided Tenant gives Landlord a copy of as-built plans within thirty (30) days prior after completion. If Tenant desires to commencing make any AlterationAlterations, the cost of which exceeds $50,000, Tenant shall deliver first submit to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, andand obtain Landlord's written approval, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shallrequired, prior to commencing any Alterationwork. All Alterations, provide whether temporary or permanent in character, made by Landlord reasonable security against liens arising out of such construction. Any Alteration by or Tenant in or upon the Premises shall be become Landlord's property and shall remain upon the property of Tenant until Premises at the expiration or termination of this Lease; at that Lease by lapse of time or otherwise, without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice compensation to Tenant to remove it(excepting only Tenant's movable office furniture, in which event Tenant will remove itinventory, will repair any resulting damage trade fixtures, and will restore the Premises office and professional equipment). If Landlord's consent is required to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify may require Tenant whether Tenant is required to remove the Alterations at Tenant's cost upon the expiration or termination of this Lease, and repair any damage caused to the Premises as a result of any removal shall be paid for by Tenant; provided that Landlord has given Tenant notice of its intent to require Tenant to remove and restore any Alterations within seven (7) days of Landlord's receipt of the plans and specifications. Tenant may install shall promptly pay, when due, all costs of all Alterations, and upon completion, deliver to Landlord, evidence of payment and waivers of all liens for labor, services, or materials. Tenant shall defend and hold Landlord and the Premises harmless from all costs, including reasonable attorney fees, damages, liens, claims of liens for labor, services, or materials relating to the work. Tenant shall immediately give Landlord notice of any mechanics liens or foreclosure proceedings and Landlord shall be allowed, at its trade fixturesoption, furniture and equipment to participate in the Premisesdefense of or otherwise defend any such claim at the expense of Tenant. At Landlord's request, provided that Tenant shall bond over any contested mechanics liens at Tenant's expense. If Landlord incurs any expenses in the installation and removal of them will trash or cleaning as a result of Tenant's contractors' work then Tenant agrees it shall reimburse Landlord within seven (7) days of billing. In any event, upon termination of this Lease, Tenant shall not affect be obligated to remove any structural portion item or work attached to the Building as of the Property, any Building System or any other equipment or facilities serving the Building or any occupantCommencement Date.
Appears in 1 contract
Sources: Lease Agreement (Quantum Corp /De/)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior Upon prior written consent of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by , conditioned, or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alterationdelayed, Tenant shall deliver have the right and privilege at all times during the continuance of this Lease to make, at Tenant's own expense, such alterations, changes, improvements and additions to the Premises as Tenant may desire provided such work when completed will not impair the structural integrity or soundness of the building. If Landlord does not approve or disapprove requested alterations, changes, improvements or additions to the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, Premises within five (ii5) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved business days after receipt by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications's request to make alterations, and of any supervision changes, improvements, or inspection of additions to the construction Premises, then Landlord deems necessarywill be deemed to have consented to those alterations, and (v) upon Landlord’s request Tenant shallchanges, prior improvements or additions to commencing any Alteration, provide Landlord reasonable security against liens arising out of such constructionthe Premises requested to be made by Tenant. Any Alteration alterations, changes, improvements and additions made by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and immediately become the property of Landlord unless Landlord gives notice to Tenant to remove itand shall be considered as a part of the Premises, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Leaseexcept trade fixtures. Tenant may install its trade fixturesconvert to Tenant's own use all old materials removed by Tenant when making alterations, furniture and equipment in changes, improvements and/or additions to the Premises, provided that . Tenant shall not be required to obtain prior approval from Landlord for alterations where the installation and removal of them will not affect any structural portion of costs are less than $50,000. Tenant shall permit no mechanics liens or materialmens liens to be filed against the Property, any Building System or any other equipment or facilities serving the Building or any occupantPremises.
Appears in 1 contract
Alterations. Except for 4.18.1 Not to erect any new building or new structure on the Demised Premises or any part thereof, nor to alter, add to or change the height, elevation or external architectural or decorative design or appearance of the Demised Premises, nor to merge the Demised Premises with any Adjoining Property.
4.18.2 Not to alter, divide, cut, maim, injure or remove any of the principal or load-bearing walls, floors, beams or columns of the Demised Premises, nor to make any other alterations or additions of a structural nature to the Demised Premises.
4.18.3 Not to make any structural alterations or other alterations or additions to the Landlord’s fixtures or to any of the Conduits without obtaining the prior written consent of the Landlord; 8 Table of Contents
4.18.4 Not to make any alterations or additions of a non-structural Alterations that (i) do not exceed $5,000 in nature to the aggregate, (ii) are not visible from Demised Premises without obtaining the exterior prior written consent of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) such consent not to be unreasonably withheld or delayed);
4.18.5 The Landlord may, as a condition of giving any such consent, require the Tenant to enter into such covenants, as the Landlord shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specificationsrequire, and regarding the execution of any supervision or inspection such works and the reinstatement of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, Demised Premises at the end or sooner determination of the Term.
4.18.6 If any alterations or additions to or within the Demised Premises result in a variation of the reinstatement cost of the Demised Premises from the said cost prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration alterations or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives additions;
4.18.6.1 Forthwith to give notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises writing to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, variation in value so caused to enable the Landlord to alter the insurance cover in respect of the Demised Premises;
4.18.6.2 To pay or reimburse to the Landlord any Building System shortfall of insurance cover caused by a failure to comply with the requirements in Sub-Clause 4.18.6.1;
4.18.6.3 Notice under Sub-Clause 4.18.6.1 notifying the variation of the reinstatement cost shall only be sufficient notice if it refers to the Sub-Clause in question and the Landlord shall not otherwise be deemed to have received such notice or any other equipment or facilities serving to be responsible for varying the Building or any occupantsaid insurance cover.
Appears in 1 contract
Sources: Lease Agreement (Amarin Corp Plc\uk)
Alterations. Except Tenant shall not make, or suffer to be made, any alterations, improvements or additions in, on, about or to the Premises or the Building A Exclusive Areas or any part thereof, without the prior written consent of Landlord, which consent will not be unreasonably withheld or delayed; and without a valid building permit issued by the appropriate governmental authority. The foregoing notwithstanding, Landlord's consent shall not be required for non-structural Alterations that alterations, improvements or additions (i) which do not exceed adversely affect the basic building systems of Building A or involve roof or wall penetrations) costing not more that $5,000 100,000 annually. The preceding sentence notwithstanding, whether or not Landlord's consent is required, Tenant agrees to give Landlord at least five (5) days prior written notice prior to commencing any work of improvement in, on or about the Premises (a) for which a building permit is required, and/or (b) which is to be performed by a third party contractor or subcontractor and which is estimated to cost or will cost in excess of $25,000. Within ten (10) days after Tenant's written request, Landlord shall advise Tenant as to whether Landlord will require any proposed alterations, improvements or additions to be removed or surrendered at the aggregateexpiration (or earlier termination) of the Term. In the absence of any such request by Tenant, Landlord shall give Tenant written notice, not less than ninety (ii90) are not visible from days prior to the exterior expiration of the Term, of any alterations, additions or improvements Landlord requires to be removed. Failure of Landlord to respond timely to Tenant's request or, otherwise to give timely notice of the alterations, additions or improvements Landlord requires to be removed at the expiration of the Term, shall constitute Landlord's consent to the surrender of such alterations, improvements or additions, excluding any non-structural alterations, improvements or additions which Tenant elects to remove, provided that Tenant repairs all damage to the Premises caused by such removal. Unless Landlord requires that Tenant remove any such alterations, improvement or addition, any alteration, addition or improvement to the Premises, except movable furniture and trade fixtures, shall become the property of Landlord upon termination of the Lease and shall remain upon and be surrendered with the Premises at the termination of this Lease. Without limiting the generality of the foregoing, all heating, lighting, electrical (iii) do not affect any Building System or including all wiring, conduit, outlets, drops, buss ducts, main and subpanels), air conditioning, partitioning [except for modular demountables, which may be removed], drapery, and carpet installations made by Tenant regardless of how affixed to the structural strength Premises, together with all other additions, alterations and improvements that have become an integral part of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of the Landlord unless Landlord gives notice to Tenant to remove itupon termination of the Lease, in which event Tenant will remove itand shall not be deemed trade fixtures, will repair any resulting damage and will restore shall remain upon and be surrendered with the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. If, during the term hereof, any alteration, addition or change of any sort to all or any portion of the Premises or the Building A Exclusive Areas is required by law, regulation, ordinance or order of any public agency as a result of (i) Tenant's negligence or willful misconduct, (ii) Tenant's particular use of the Premises (including, without limitation, any change of use of the Premises by Tenant), (iii) any alterations, additions or improvements to the Premises by or for Tenant, or (iv) Tenant's applications for governmental approvals or permits, rather than due to the use and occupancy of the Premises in general or for any other reason, Tenant may install shall promptly make the same at its trade fixturessole cost and expense. If during the term hereof, furniture any alteration, addition, or change to the Premises (except as provided in the previous sentence) or to the Common Area is required by law, regulation, ordinance or order of any public agency, Landlord shall make the same and equipment in no portion of the cost of such alteration, addition or change shall be a Common Area Charge or borne by the Tenant. It is expressly understood and agreed that Tenant shall not be required to make any alterations, improvement or addition to the Premises which is required by any law, regulation, ordinance or order except and only to the extent that such requirement applies because of the specific activities conducted by Tenant at the Premises, provided that including without limitation, the installation and removal negligence or willful misconduct of them will not affect Tenant, the particular use or any structural portion change in use of the PropertyPremises by Tenant, any Building System alterations, additions or improvements to the Premises by or for Tenant, or any other equipment application by Tenant for governmental approvals or facilities serving the Building or any occupantpermits.
Appears in 1 contract
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 Tenant shall in no event make or permit to be made any alteration, modification, substitution or other change of any nature to the aggregatemechanical, (ii) are not visible from the exterior of electrical, plumbing, HVAC , and sprinkler systems within or serving the Premises, (iii) do not affect any Building System or the structural strength . After completion of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work Tenant's Improvements within the walls, below the floor or above the ceilingPremises, Tenant shall not make or permit any Alterations in other improvements, alterations, fixed decorations, substitutions or modifications, structural or otherwise, to the Premises or the Building ("Alterations") without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor Landlord. Landlord's approval shall include the conditions under which acceptable Alterations may be made. Alterations shall include, but not be limited to, the installation or subcontractormodification of carpeting, (iii) walls, partitions, counters, doors, shelves, lighting fixtures, hardware, locks, ceiling, window and wall coverings; but shall not include the Alteration initial Tenant's Improvements placed within the Premises pursuant to Section 5.
1. All Alterations shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the based on complete plans and specifications delivered toprepared and submitted by Tenant to Landlord for approval, andexcept in the instance of cosmetic changes, if required abovesuch as painting and carpeting, approved in which case Tenant shall provide Landlord with samples showing colors, styles, etc. All Alterations shall be made by Landlord at Tenant's sole cost, payable by Tenant within thirty (30) days after receipt of an invoice for same from Landlord, (iv) which cost shall include Landlord's standard construction management fee. Tenant shall be responsible for the cost of any additional improvements within the Premises or the Common Area required by The Americans with Disabilities Act of 1990 as a result of Tenant's Alterations. 15 If Tenant makes any Alterations without the prior consent of Landlord, then, in addition to Landlord's other remedies, Landlord may correct or remove such Alterations and Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain cost thereof on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantdemand.
Appears in 1 contract
Sources: Office Lease (Quepasa Com Inc)
Alterations. Except Tenant shall have the right, at its expense, from time to time, to redecorate the Premises and to make such nonstructural alterations and changes in such parts thereof as it shall deem expedient or necessary for non-structural Alterations that (i) do its business purposes in an amount not to exceed $5,000 in 500,000, without Landlord’s consent but subject to the aggregateprior written notice to Landlord. Other than a previously approved mezzanine platform, (ii) are approximately 50,000 square feet to be constructed by Tenant, and the New Construction, any nonstructural alteration the aggregate cost of which exceeds $500,000 and other structural changes by Tenant shall require the prior written consent of Landlord, such consent not visible from the exterior to be unreasonably withheld, conditioned or delayed, and may be conditioned upon Landlord’s approval of the Premisesconstruction contractor, (iii) do not affect any Building System or the structural strength bonding of the Buildingwork, (iv) do not require penetrations into or such other requirements as Landlord may impose. For structural changes commenced by Tenant or any contractor made by or at the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceilingrequest of Tenant after receipt of Landlord’s approval, Tenant shall not make or permit any Alterations in or become responsible for Landlord’s obligation under Article VI to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to extent of any Alterations changes made by or on behalf of Tenant (whether or not at the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review request of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration alterations or construction performed by Tenant shall be the property obligation of and paid for by Tenant until the expiration or termination of this Lease; at so that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises shall at all times be free of liens except as herein provided. Should any lien be filed as a result of alterations or construction performed by Tenant, Tenant agrees either to cause the condition existing prior same to Tenant’s Alteration. At Tenant’s request prior be removed within sixty (60) days after the date of filing or to Tenant making furnish Landlord with a surety bond securing Landlord against any Alterations, Landlord will notify Tenant whether Tenant is payment which may thereafter be required to remove the Alterations at the expiration be paid in order to have such lien canceled or termination discharged of this Leaserecord. Tenant may install its trade fixtures, furniture and equipment Any such bond shall be in the Premisesamount required to discharge such liens at law, provided that but not less than the installation and removal of them will not affect any structural portion amount of the Propertylien, plus a reasonable amount in excess thereof to cover the interest and other anticipated costs and expenses which may be incurred in connection with the cancellation and discharge of any Building System or any other equipment or facilities serving the Building or any occupantsuch lien.
Appears in 1 contract
Alterations. Except for (A) For the purposes of this Section, "Alterations" shall mean any alterations, additions, decorations, or improvements to the Premises or the Building. Tenant shall have the right without Landlord's prior consent to make Alterations to or upon the Premises which i) are non-structural Alterations that (iin nature, ii) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior disrupt any other tenants of the PremisesBuilding, (iii) do not affect any Building System or the structural strength of the Buildingsystems, (and iv) do are not require penetrations into visible from outside the floorPremises; provided, ceiling or wallshowever, that Tenant must furnish Landlord with notice and detailed plans and specifications of any such Alterations at least fifteen (v15) do not require work within days prior to the walls, below the floor or above the ceiling, commencement of such work. Tenant shall not make or permit any other Alterations in or to without the Premises without first obtaining prior written consent of Landlord’s consent, which consent shall not be unreasonably withheld, conditioned or delayed. With respect If Landlord's consent is required to an Alteration, Landlord may impose any Alterations made by or on behalf reasonable conditions to the performance of Tenant (whether or not the Alteration requires Landlord’s consent): Alterations, including without limitation, (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver delivery to Landlord of written and unconditional waivers from all contractors of mechanic's and materialmen's liens as to the plansPremises, specifications the Building and necessary permits the Land for all work, labor and services to be performed and materials to be furnished, signed by all contractors, subcontractors, materialmen and laborers participating in the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insuredsAlterations, (ii) Tenant prior approval, which approval shall obtain Landlord’s prior written approval not be unreasonably withheld, conditioned or delayed, of any contractor or subcontractorthe plans and specifications and Tenant's contractor(s) with respect to the Alterations, (iii) supervision of the Alteration Alterations by Landlord's representative at Tenant's expense and (iv) delivery to Landlord of payment and performance bonds naming Landlord and Mortgagee as obligees. All Alterations, whether or not Landlord's consent is required, shall conform to the requirements of Landlord's and Tenant's insurers and of the Federal, state and local governments having jurisdiction over the Premises, shall be constructed performed in accordance with new materials, the terms and provisions of this Lease in a good and workmanlike mannermanner befitting a first class office building and shall not adversely affect the value, and in compliance with all Laws and utility or character of the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and Premises. Should permits of any supervision kind and nature be required by Federal, state or inspection of local government(s) having jurisdiction over the construction Landlord deems necessaryPremises, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be responsible for securing the property permits and the cost of Tenant until the expiration or termination same and furnishing copies of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice such permits to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantLandlord.
Appears in 1 contract
Sources: Deed of Lease (Careerbuilder Inc)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, 9.1. Tenant shall not make any alterations, additions or permit any Alterations improvements in or to the Premises without first obtaining Landlord’s consentor engage in any construction, which consent shall not be unreasonably withheld. With respect to any Alterations made by demolition, reconstruction, renovation or on behalf of Tenant other work (whether major or not minor) of any kind in, at or serving the Alteration requires Landlord’s consent): Premises (i) not less than 10 days prior to commencing any Alteration“Alterations”), Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain without obtaining Landlord’s prior written approval consent, except Tenant may make non-structural Alterations to the interior of any contractor the Premises (excluding the roof) without such consent but upon at least ten (10) days’ prior notice to Landlord, provided that the cost thereof does not exceed One Hundred Twenty Thousand Dollars ($120,000.00) per occurrence or subcontractoran aggregate amount of Three Hundred Thousand Dollars ($300,000.00) annually. Notwithstanding the foregoing, (iii) Tenant will not do anything that could have a material adverse effect on the Alteration Building or life safety systems, without obtaining Landlord’s prior written consent. Any such improvements, excepting movable furniture, trade fixtures and equipment, shall become part of the realty and belong to Landlord. All alterations and improvements shall be constructed with new materialsproperly permitted and installed at Tenant’s sole cost, by a licensed contractor, in a good and workmanlike manner, and in compliance conformity with all Laws Applicable Laws. Any alterations that Tenant shall desire to make and which require the consent of Landlord shall be presented to Landlord in written form with detailed plans. Tenant shall: (i) acquire all applicable governmental permits; (ii) furnish Landlord with copies of both the permits and the plans and specifications delivered to, and, if required above, approved by Landlord, at least thirty (iv30) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection days before the commencement of the construction Landlord deems necessarywork, and (viii) comply with all conditions of said permits in a prompt and expeditious manner. Any alterations shall be performed in a workmanlike manner with good and sufficient materials. Upon completion of any Alterations, Tenant shall promptly upon Landlord’s request Tenant shall, completion furnish Landlord with a reproducible copy of as-built drawings and specifications for any Alterations.
9.2. At least twenty (20) days prior to commencing any Alterationwork relating to any Alterations requiring the approval of Landlord that have been so approved, provide Tenant shall notify Landlord reasonable security in writing of the expected date of commencement. Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant for use in improving the Premises. Tenant shall not permit any mechanics’ or materialmen’s liens to be levied against liens the Premises arising out of such constructionwork performed, materials furnished, or obligations to have been performed on the Premises by or at the request of Tenant. Any Alteration by Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord Indemnitees from and against any and all Claims of any kind or nature that arise before, during or after the Term on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished for Tenant or its contractors, agents or employees. If Tenant fails to discharge or undertake to defend against such liability, upon receipt of written notice from Landlord of such failure, Tenant shall have fifteen (15) days (the “Defense Cure Period”) to cure such failure by prosecuting such a defense. If Tenant fails to do so within the Defense Cure Period, then Landlord may settle the same and Tenant’s liability to Landlord shall be conclusively established by such settlement provided that such settlement is entered into on commercially reasonable terms and conditions, the amount of such liability to include both the settlement consideration and the costs and expenses (including attorneys’ fees) incurred by Landlord in effecting such settlement. In the event any contractor, agent or employee notifies Tenant of its intent to file a mechanics’ or materialmen’s lien against the Premises, Tenant shall immediately notify Landlord of such intention to file a lien or a lawsuit with respect to such lien.
9.3. Tenant shall repair any damage to the Premises caused by Tenant’s removal of any property from the Premises. During any such restoration period, Tenant shall pay Rent to Landlord as provided herein as if such space were otherwise occupied by Tenant. The provisions of Tenant until this Section shall survive the expiration or earlier termination of this Lease.
9.4. The Premises plus any Alterations, Tenant Improvements, attached equipment, decorations, fixtures and trade fixtures; movable casework and related appliances; and other additions and improvements attached to or built into the Premises made by either of the parties (including all floor and wall coverings; paneling; sinks and related plumbing fixtures; attached benches; production equipment; walk-in refrigerators; ductwork; conduits; electrical panels and circuits; attached machinery and equipment; and built-in furniture and cabinets, in each case, together with all additions and accessories thereto), shall (unless, prior to such construction or installation, Landlord elects otherwise in writing) at that time without payment by Landlord the Alteration shall all times remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove itLandlord, shall remain in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing and shall (unless, prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterationsconstruction or installation thereof, Landlord will notify Tenant whether Tenant is required elects otherwise in writing) be surrendered to remove the Alterations at Landlord upon the expiration or earlier termination of this Lease. For the avoidance of doubt, the items listed on Exhibit B attached hereto (which Exhibit B may be updated by Tenant may install its trade fixturesfrom and after the Commencement Date, furniture subject to Landlord’s written consent) constitute Tenant’s property and equipment in shall be removed by Tenant upon the Premises, provided that the installation and removal of them will not affect any structural portion expiration or earlier termination of the PropertyLease.
9.5. If Tenant shall fail to remove any of its property from the Premises prior to the expiration of the Term, then Landlord may, at its option, remove the same in any manner that Landlord shall choose and store such effects without liability to Tenant for loss thereof or damage thereto, and Tenant shall pay Landlord, upon demand, any Building System costs and expenses incurred due to such removal and storage or Landlord may, at its sole option and without notice to Tenant, sell such property or any other equipment or facilities serving portion thereof at private sale and without legal process for such price as Landlord may obtain and apply the Building or proceeds of such sale against any occupant(a) amounts due by Tenant to Landlord under this Lease and (b) any expenses incident to the removal, storage and sale of such personal property.
9.6. Tenant shall pay to Landlord an amount equal to one and one-half percent (1.5%) of the cost to Tenant of all Alterations to cover Landlord’s overhead and expenses for plan review, engineering review, coordination, scheduling and supervision thereof, except that Tenant shall not be required to pay the above amount for any non-structural Alterations to the extent they are within the limits set forth in Section 9.1 above and do not require Landlord’s prior consent. For purposes of payment of such sum, Tenant shall submit to Landlord copies of all bills, invoices and statements covering the costs of such charges, accompanied by payment to Landlord of the fee set forth in this Section. In addition, Tenant shall reimburse Landlord for all third-party costs actually incurred by Landlord in connection with any Alterations, including any non-structural Alterations that do not require Landlord’s prior consent.
9.7. Tenant shall require its contractors and subcontractors performing work on the Premises to name Landlord and its affiliates and any lender as additional insureds on their respective insurance policies.
Appears in 1 contract
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 50,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not adversely affect any Building System or the structural strength of the Building, and (iv) do not require penetrations into the floor, ceiling roof or load-bearing or demising walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s 's consent, which consent shall not be unreasonably withheld, conditioned or delayed. With respect to any Alterations that do not require Landlord's consent, Tenant shall nonetheless provide written notice thereof to Landlord, describing in reasonable detail the nature of the Alteration. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s 's consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the any plans, specifications and necessary permits Permits for the Alteration, together with certificates evidencing that Tenant’s 's contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust Landlord and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s 's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications (if any) delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s 's review of Tenant’s 's plans and specifications, for which approval is required, and of any supervision or inspection of the construction Landlord reasonably deems necessary, and (v) upon Landlord’s 's request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord, unless such Alteration required the consent of Landlord unless and, at the time that such consent was given, Landlord gives gave notice to Tenant to remove itthat such Alteration must be removed upon the expiration or termination of this Lease, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s 's Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not adversely affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantBuilding.
Appears in 1 contract
Sources: Lease Agreement (Intest Corp)
Alterations. Except for non-structural Alterations that (ia) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit allow to be made any Alterations alterations, additions, or improvements in or to the Premises (collectively, “Alterations”) without first obtaining Landlord’s written consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by granted or on behalf of Tenant (whether or not the Alteration requires denied in Landlord’s consent): sole discretion.
(ib) not less than 10 days prior to commencing any Alteration, Tenant agrees that all such work shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that be done at Tenant’s contractors sole cost and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust expense and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, that the structural integrity of the Building shall not be impaired, and in compliance with that no liens shall attach to all Laws and or any part of the plans and specifications delivered toPremises, andthe Building, if required above, approved or the Property by Landlord, (iv) reason thereof. Tenant shall pay obtain, at its sole expense, all permits required for such work.
(c) Unless otherwise elected by Landlord as hereinafter provided, all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration Alterations made by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless and shall be surrendered to Landlord gives notice on or before the Lease Expiration Date except as otherwise set forth in this Lease. Notwithstanding the foregoing, movable equipment, trade fixtures, personal property, furniture, or any other items that can be removed without material harm to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises will remain Tenant’s property (collectively, “Tenant Owned Property”) and shall not become the property of Landlord but shall be removed by Tenant, at Tenant’s sole cost and expense, not later than the Lease Expiration Date. Tenant shall repair at its sole cost and expense all damage caused to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making Premises or the Building by the removal of any Alterations, Landlord will notify Tenant whether Alterations that Tenant is required to remove or Tenant Owned Property. Landlord may remove any Tenant Owned Property or Alterations that Tenant is required but fails to remove at the Alterations at Lease Expiration Date and Tenant shall pay to Landlord the reasonable cost of removal. Tenant’s obligations under this Section 8 shall survive the expiration or earlier termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant.
Appears in 1 contract
Sources: Lease Agreement (Greenland Technologies Holding Corp.)
Alterations. Except for non-structural Alterations that Sublessee's right to make alterations to the Sublease ----------- Premises is subject to the provisions of Section 7.3 of the Master Lease. Unless otherwise agreed to in writing by Master Lessor at the time Sublessee first requests consent to any alterations, at the expiration or, earlier termination of this Sublease, Sublessee shall: (i) do not exceed $5,000 in remove all alterations, additions and improvements to the aggregateSublease Premises made by Sublessee, (ii) are not visible from restore the exterior of the PremisesSublease Premises to their condition prior to making such alterations, additions and improvements; and (iii) do not affect any Building System or repair all damage caused in removing such alterations, additions and improvements. Sublessee agrees that the structural strength indemnification provisions of Section 10 of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration Master Lease shall be constructed with new materialsdeemed to include all claims, in a good and workmanlike mannerdamages, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses arising out of any alterations, additions or other improvements to the Sublease Premises made by Sublessee. In no event shall Sublessee commence construction of any improvements in the Subleased Premises prior to Master Lessor's consent to this Sublease, and the approval of Sublessor and Master Lessor to any such proposed alterations or improvements. Provided, however, Sublessee shall have the right to make interior nonstructural alterations to the Sublease Premises which do not exceed Twenty-Five Thousand Dollars ($25,000) in cost annually, without obtaining Sublessor's prior consent; and, provided further, if Master Lessor requires removal of any such alterations at the end of the term of the Sublease and/or the Master Lease pursuant to the terms of the Master Lease, Sublessee shall perform or shall bear the cost of performing any such removal and associated restoration, and shall indemnify and hold Sublessor harmless of all costs, expenses, claims and liabilities arising out of or in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantand/or restoration.
Appears in 1 contract
Sources: Sublease (Extreme Networks Inc)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make any alterations, additions or permit any Alterations in or improvements to the Leased Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires same may be structural in nature) without Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s 's prior written approval of any contractor consent which will not be unreasonably withheld and then only at times and by contractors or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, mechanics approved by Landlord. All alterations, (iv) Tenant additions or improvements made by either party hereto to the Leased Premises, except movable office furniture and moveable equipment installed at Tenant's expense, shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore remain upon and be surrendered with the Leased Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of the term hereof and all property remaining in the Leased Premises after the last day of the term of this LeaseLease shall conclusively be deemed abandoned by Tenant or may be removed and stored by Landlord, at Tenant's cost. Notwithstanding the above, Landlord may by written notice to Tenant, given thirty (30) days prior to the end or the Lease term, require Tenant may install to remove, at its trade fixturessole cost and expense, furniture all or any part of such alterations and equipment in repair any damage caused by such installation or removal. Notwithstanding the Premisesforgoing, provided that Tenant shall be allowed to make non-material alterations, additions, or improvements to the installation and removal demised premises without Landlord's consent. Such alterations, additions, or improvements shall be at Tenant's sole expense. For the purpose of them will this paragraph, the term of "non-material" shall mean any alteration, addition, or improvement which does not affect any structural portion the structure of the Property, any Building System building (including its building systems) or any other equipment or facilities serving the Building or any occupantdemise premises and which costs less than Five Thousand ($5,000.00) dollars.
Appears in 1 contract
Sources: Lease Agreement (Syntel Inc)
Alterations. Except for non-structural Alterations that No alterations, additions or improvements (ihereinafter ----------- "Alterations") do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises shall be made by the Tenant without first obtaining written consent of the Landlord’s consent, which consent shall not be unreasonably withheld. With and with respect to nonstructural Alterations Landlord agrees not to unreasonably withhold, condition or delay such consent. All work done in connection with any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Alterations, following Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration's approval thereof, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, done in a good and workmanlike manner, and in compliance accordance with all Laws applicable laws, with all permits and the plans approvals therefor obtained by Tenant and specifications delivered to, and, if required above, performed by contractors approved by Landlord. Any such contractor shall be required to provide a certificate of comprehensive general liability and property damage insurance in the amount of $1,000,000.00, (iv) naming Landlord as an additional insured. Any Alterations made by the Tenant after such consent shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specificationshave been given, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant non-trade fixtures installed as part thereof shall be become the property of Tenant until the Landlord upon the expiration or other sooner termination of this Lease; , unless, at that the time without payment by of Landlord's consent to such Alterations, Landlord shall require the Alteration shall remain on the Property and become the property removal of Landlord unless Landlord gives notice to Tenant to remove itsome or all of same, in which event the Tenant will remove it, will repair any resulting damage and will restore shall have the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required obligation to remove such Alterations or fixtures, (or the Alterations portion thereof designated by Landlord) at the expiration or Tenant's cost upon the termination of this Lease, in all events, leaving the Premises in good order and repair, reasonable wear and tear and damage by fire or other casualty only excepted. Tenant may install It is agreed that (unless otherwise required by Landlord at the time of its trade fixtures, furniture consent) all wiring and equipment cabling installed in the Premises, provided that Premises shall remain upon the installation and removal of them will not affect any structural portion termination of the Property, any Building System or any other equipment or facilities serving the Building or any occupantLease and shall become Landlord's property.
Appears in 1 contract
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 as provided in the aggregateTenant Work Letter, Tenant shall make no alterations or additions to the Premises (ii“Alterations”) are not visible from without the exterior prior written consent of the PremisesLandlord, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or wallswhich consent may be withheld in Landlord’s sole discretion, and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant, at its sole cost and expense. Tenant shall, at its sole cost and expense, obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord, and Tenant agrees that any cabling or wiring installed by (vor at the direction of) do not require work within Tenant shall meet the wallsrequirements of all applicable laws, below the floor or above the ceilingstatutes, ordinances, regulations and codes. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not make commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or permit any Alterations in or material supplied to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf at the request of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of any Alterations. If permitted Alterations are made, they shall be made at Tenant’s plans sole cost and specifications, expense and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord, except that Landlord unless Landlord gives may, by written notice to Tenant given at the time Landlord consents to such Alterations require Tenant, at Tenant’s expense, to remove itall partitions, in which event Tenant will remove itcounters, will railings and other Alterations installed by Tenant, and to repair any resulting damage and will restore damages to the Premises to the condition existing prior to Tenant’s Alterationcaused by such removal. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at Upon the expiration or earlier termination of this Lease. , Tenant may install its trade fixturesshall remove all cabling and wiring installed by (or at the direction of) Tenant during the term of this Lease, furniture and equipment in shall repair any damages to the PremisesPremises caused by such removal at Tenant’s sole cost and expense, provided that unless Landlord delivers written notice to Tenant (given at least thirty (30) days prior to the installation and removal of them will not affect any structural portion end of the PropertyTerm) requiring Tenant not to remove such cabling or wiring. In the event Landlord requires Tenant not to remove any such cabling or wiring, any Tenant shall leave such cabling or wiring in working order and in a good condition, properly labeled. All costs attributable to or related to the applicable building codes of the city in which the Building System is located (or any other equipment authority having jurisdiction over the Building) arising from Tenant’s plans, specifications, improvements, alterations or facilities serving the Building otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any occupantother work arising from or related to this Article 5, Landlord shall be entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such work. If Landlord performs any Alterations on behalf of the Tenant, any administrative or management fees paid to Landlord associated with the oversight of such work shall not exceed five percent (5%) of the direct costs of the Alterations. If Tenant performs the Alterations, any administrative or management fees paid to Landlord shall not exceed three percent (3%) of the direct costs of the Alterations.
Appears in 1 contract
Sources: Office Lease (Medivation, Inc.)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in Tenant's telephone systems and office application equipment, after the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceilingCommencement Date, Tenant shall not make or permit any Alterations in, on or about the Premises, except for nonstructural Alterations not exceeding Five Thousand Dollars ($5,000.00) in cost, with respect to any Alterations or related series of Alterations without the prior written consent of Landlord, and according to the Premises without first obtaining plans and specifications approved in writing by Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf Notwithstanding the foregoing Tenant shall not, without the prior written consent of Tenant (whether or not the Alteration requires Landlord’s consent): , make any:
(i) not less than 10 days prior Alterations to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for exterior of the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, Building; -
(ii) Tenant shall obtain Landlord’s prior written approval Alterations to and penetrations of any contractor or subcontractor, the roof of the Building; and
(iii) Alterations visible from outside the Alteration Premises to which Landlord may withhold Landlord's consent on wholly aesthetic grounds. All Alterations shall be constructed installed at Tenant's sole expense, in compliance with new materialsall applicable laws and the CC&R's, by a licensed contractor, shall be done in a good and workmanlike mannermanner conforming in quality and design with the Premises existing as of the Commencement Date, and in compliance with all Laws and shall not diminish the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) value of either the Building or the Premises. Tenant shall pay be required to provide Landlord with "as--built" plans, copies of all reasonable costs construction contracts and expenses in connection with Landlord’s review proof of payment for all labor and materials for any Alterations constructed by Tenant during the Term. Tenant’s plans 's telephone systems, trade fixtures and specificationsoffice application equipment, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration all Alterations made by Tenant shall be deemed Tenant's Personal Property and Tenant shall have the property of Tenant until right to remove said Personal Property from the Premises upon the expiration or termination of this Lease; , provided, however, Tenant shall repair any damage and perform any restorative work caused by such removal. Subject to Paragraph 24, Landlord may, at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant its option, require Tenant, at Tenant's expense, to remove it, in which event any nonstructural Alterations installed by Tenant will remove it, will repair any resulting damage and will restore return the Premises to their condition as of the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Commencement Date of this Lease, normal wear and tear excepted, provided, however, Tenant making any Alterations, Landlord will notify Tenant whether Tenant is shall not be required to remove (a) any of the Alterations initial tenant improvements constructed on behalf of Tenant, (b) any alterations made by Tenant in order to comply with its repair obligations under Paragraph 17, or by any alterations or additions for which Tenant obtained Landlord's consent, unless Landlord indicated, at the expiration or termination time the Landlord granted such consent, that such removal will be required. Notwithstanding any other provision of this Lease. , Tenant may install its trade fixtures, furniture shall be solely responsible for the maintenance and equipment in repair of any and all Alterations made by it to the Premises. Landlord may, provided that the installation at Landlord's option, require Tenant to provide, at its cost, demolition and/or lien and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantcompletion bonds in a form and amount satisfactory to Landlord.
Appears in 1 contract
Sources: Consent to Assignment (Convera Corp)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant 9.1 Sublessee shall not make or permit any Alterations in or to alter the Premises without first obtaining the prior written consent of Sublessor and, if applicable, Landlord’s consent, which consent shall not be unreasonably withheldwithheld or delayed and which consent may be granted based upon, but not limited to, Sublessee's removal of alterations and the restoration of the Premises to their original condition, at the expiration or sooner termination of this Sublease, all at Sublessee's expense. With respect At the time that Sublessor and, if applicable, Landlord, consent to any Alterations made by such alterations, Sublessor shall advise Sublessee as to whether such alterations shall be removed at the expiration or on behalf sooner termination of Tenant (whether or this Sublease. Notwithstanding the foregoing provisions to the contrary, Sublessor's consent shall not be required for minor, non-structural alterations to the Alteration requires Landlord’s consent): Premises if (i) the cost of such alterations does not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insuredsexceed $5,000.00, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractorsuch alterations do not affect the Building systems, and (iii) the Alteration shall be constructed Sublessee provides Sublessor with new materials, in a good and workmanlike manner, and in compliance with all Laws and the copies of plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, for such alterations prior to commencing any Alterationconstruction or installation and "as-built" plans for such alterations upon completion. Upon written request by Sublessee, provide Landlord reasonable security against liens arising out Sublessor shall advise Sublessee at the time of such construction. Any Alteration by Tenant installation whether Sublessee shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove such alterations from the Alterations Premises at the expiration or sooner termination of this Lease. Tenant may install its trade fixturesSublease.
9.2 No alteration, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion restoration or rebuilding of the PropertyPremises shall be undertaken until detailed plans and specifications have first been submitted to and approved in writing by Sublessor and Landlord.
9.3 No work shall be undertaken except under the supervision of an architect or engineer approved in writing by Sublessor and Landlord (unless such requirement is waived by Landlord in writing), any Building System or any other equipment or facilities serving the Building or any occupantwhich approval shall not be unreasonably withheld.
Appears in 1 contract
Sources: Lease (Accelgraphics Inc)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to Alterations, without the Premises without first obtaining prior written consent of Landlord’s consent, which . Such consent shall not be unreasonably withheldwithheld or delayed in the case of interior Alterations which do not affect the structure, roof, foundation, exterior walls, or mechanical or sprinkler systems of the Building or Premises and may be granted or withheld in Landlord's sole discretion in the case of all other Alterations. With respect Landlord may impose any reasonable conditions to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): its consent to Alterations, including, without limitation, (i) not less than 10 days prior delivery to commencing any AlterationLandlord, Tenant shall deliver as the work progresses, of partial waivers of mechanic's and materialmen's liens with respect to the Premises, the Building and the Land for all work, labor and services performed and materials furnished, signed by all contractors, subcontractors, materialmen and laborers participating in the Alterations (with a final fully executed release of liens to be delivered to Landlord upon completion of the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insuredsAlterations), (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractorthe plans and specifications and Tenant's contractor(s) with respect to the Alterations, and (iii) supervision by Landlord or Landlord's representative of the Alteration Alterations. The Alterations shall conform to the requirements of Landlord's and Tenant's insurers and of the federal, state and local governments having jurisdiction over the Premises (including, without limitation, all applicable provisions of the ADA), shall be constructed performed in accordance with new materials, the terms and provisions of this Lease in a good and workmanlike mannermanner and shall not adversely affect the value, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision utility or inspection character of the construction Premises or the Building. If the Alterations are not performed in accordance with the terms hereof, Landlord deems necessaryshall have the right, and (v) upon at Landlord’s request Tenant shall's option, prior to commencing halt any Alterationfurther Alterations, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to require Tenant to remove itconstruct the Alterations as herein required or, in which the event that Tenant will remove itbegins performing the Alterations without first obtaining Landlord's prior written consent, will repair any resulting damage and will to require Tenant to restore the Premises to the condition existing prior in which they existed before such Alterations. Notwithstanding the foregoing, if any mechanic's or materialmen's lien is filed against the Premises, the Building or the Land for work claimed to have been done for, or materials claimed to have been furnished to or for the benefit of Tenant’s Alteration, such lien shall be discharged of record by Tenant within fifteen (15) days after the date of filing by the payment thereof or the filing of any bond required by law. At Tenant’s request prior If Tenant shall fail to Tenant making timely discharge any Alterationssuch lien, Landlord will notify may (but shall not be obligated to) discharge the same, the cost of which shall be paid by Tenant whether within ten (10) days of demand by Landlord. Such discharge by Landlord shall not be deemed to waive or release the default of Tenant is required in not discharging the same. Neither Landlord's consent to remove the Alterations at nor anything contained in this Lease shall be deemed to be the expiration agreement or termination consent of this Lease. Tenant may install its trade fixtures, furniture and equipment Landlord to subject Landlord's interest in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or the Land to any occupantmechanic's or materialmen's liens which may be filed in connection with the Alterations. Tenant shall be entitled to install normal decorations in the Premises without Landlord's prior consent.
Appears in 1 contract
Sources: Lease Agreement (Gene Logic Inc)
Alterations. Except for non-structural Alterations that (a) Tenant may, at its expense, make additions to and alterations of the Improvements to the Premises and make substitutions and replacements thereto (sometimes hereinafter collectively referred to as "Alterations"), provided that: (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consentLandlord approves, which consent approval shall not be unreasonably withheld. With respect to , conditioned or delayed, any Alterations made by or on behalf to the Premises before such alterations are commenced, after having received from Tenant a complete set of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, plans and specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insuredsproposed work, (ii) Tenant in Landlord's reasonable judgment, the market value of the Premises and the Intended Use shall obtain Landlord’s prior written approval not thereby be reduced or impaired and the appearance of any contractor or subcontractor, the Property will not be adversely affected; (iii) the Alteration Alterations are architecturally consistent with existing Improvements; (iv) the Alterations shall be constructed with new materials, performed in a good and workmanlike manner; (v) such work shall not violate any term of any restriction to which the Premises are subject or the requirements of any insurance policy required to be maintained by Tenant hereunder, and shall be expeditiously completed in compliance with all Laws laws, ordinances, rules, regulations and requirements applicable thereto, including without limitation, the plans Americans with Disabilities Act of 1990 and specifications delivered toall regulations issued thereunder, and, if required above, approved by Landlord, as the same may be amended from time to time; and (ivvi) no Improvements shall be demolished unless Tenant shall have first furnished Landlord with such surety bonds or other security acceptable to Landlord as shall be necessary to assure rebuilding of such Improvements. Tenant shall promptly pay Landlord all reasonable costs and expenses of each such Alteration, discharge all liens arising therefrom and procure and pay for all permits and licenses required in connection with Landlord’s review of Tenant’s plans therewith. All such Alterations shall be and specifications, and of any supervision or inspection remain part of the construction Landlord deems necessary, realty and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice and shall be subject to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its place upon the Premises any inventory, trade fixtures, furniture machinery or equipment belonging to Tenant or third parties and equipment in may remove the Premises, provided that same at any time during the installation and removal of them will not affect Term. Tenant shall repair any structural portion of damage to the Property, any Building System Premises or any other equipment or facilities serving the Building or any occupantportion thereof (including all Improvements thereon) caused by such removal.
Appears in 1 contract
Sources: Lease Agreement (Ugly Duckling Corp)
Alterations. 6.1 Except for non-structural Alterations that (i) do not exceed $5,000 those alterations specifically provided for in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System Exhibit “B” to this Lease or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceilingas provided in Section 6.5 below, Tenant shall not make or permit suffer to be made any Alterations in alterations, additions, or improvements in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without first obtaining the prior written consent of Landlord’s consent, which consent shall not be unreasonably withheld, conditioned or delayed. With respect to any Alterations made When applying for such consent, Tenant shall, if requested by or on behalf of Tenant (whether or not Landlord, furnish complete plans and specifications for such alterations, additions and improvements. To the Alteration requires extent that Landlord’s consent): consent is required pursuant to this Section 6.1, Landlord shall communicate the same in writing to Tenant within thirty (i30) not less than 10 days prior after application therefor and the provision of any and all required plans or specifications to commencing Landlord (and any Alterationfailure by Landlord to respond to such request within such 30-day period shall be deemed to be an approval of such alterations).
6.2 In the event Landlord’s consent is required pursuant to Section 6.1 above and Landlord affirmatively consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made using a contractor reasonably acceptable to Landlord (“Landlord’s Contractor”) (unless Landlord agrees in writing otherwise) at Tenant's sole cost and expense. Any other alterations, additions or improvements by Tenant shall be made using a contractor selected by Tenant in its sole discretion. If Landlord enters into any contract or agreement during the Term restricting the use of non-union labor or suppliers in connection with any construction or alterations in or to the Building, Landlord shall promptly notify Tenant in writing of the same. Thereafter, if Tenant shall employ any contractor and such contractor or any subcontractor thereof shall employ any non-union labor or supplier, Tenant shall deliver to be responsible for and hold Landlord harmless from any and all delays, damages and extra costs directly suffered by Landlord as a result of any dispute with any labor unions employed at the plansBuilding concerning the wage, specifications and necessary permits for hours, terms or conditions of the Alteration, together with certificates evidencing that employment of any such labor resulting from Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlorddirect or indirect employment of such non-union labor or supplier at the Building.
6.3 All alterations, Liberty Property Trust and any other associated additions or affiliated entity as their interests may appear as additional insureds, (ii) improvements proposed by Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance accordance with all Laws government laws, ordinances, rules and the plans regulations and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alterationconstruction, provide any additional insurance required under Article 11 in such case, and also all such assurances to Landlord, including but not limited to, reasonable and customary waivers of lien, and if such alteration, addition or improvement is in excess of $100,000 in the aggregate, reasonable and customary surety company performance bonds as Landlord reasonable security shall reasonably require to assure payment of the costs thereof and to protect Landlord and the Building and appurtenant land against liens arising out of such constructionany loss from any mechanic's, materialmen's or other liens. Any Alteration by Tenant shall as Additional Rent pay in addition to any sums due pursuant to Article 4, any increase in Taxes attributable directly to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable, at Landlord's election said sums shall be paid in the same way as sums due under Article 4.
6.4 All alterations, additions, and improvements in, on, or to the Premises made or installed by Tenant, including carpeting, shall be and remain the property of Tenant until during the Term but, excepting furniture, furnishings, movable partitions of less than full height from floor to ceiling and other trade fixtures, shall become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Term, at which time title shall pass to Landlord under this Lease; at that time without payment Lease as by Landlord the Alteration shall remain on the Property and become the property a ▇▇▇▇ of Landlord sale, unless Landlord gives notice communicates to Tenant to remove itwithin thirty (30) days after the installation of such alterations, in which event Tenant will remove itadditions or improvements, will repair any resulting damage and will restore that the same must be removed from the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at upon the expiration or sooner termination of this Lease. If Landlord provides the foregoing notice to Tenant, Tenant may install shall upon the expiration or sooner termination of this Lease, at Tenant's sole cost and expense, remove any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall forthwith and with all due diligence, at its trade fixturessole cost and expense, furniture repair and equipment restore the Premises to their original condition, reasonable wear and tear and damage by fire or other casualty excepted.
6.5 Notwithstanding anything to the contrary set forth in Section 6.1 above, Tenant shall have the right, without the consent of Landlord, to make alterations to the Premises which (i) are non-structural; (ii) which do not otherwise affect the structural integrity of the Premises, provided that the installation Building, or Building utility services or plumbing and removal of them will not affect any structural portion of electrical lines; and (iii) cost less than $30,000 in the Property, any Building System or any other equipment or facilities serving aggregate during the Building or any occupantTerm.
Appears in 1 contract
Alterations. Except for non-structural Alterations that (i) do During the Term, Tenant may make minor or cosmetic improvements, alterations or additions to the Premises with an aggregate cost not to exceed $5,000 25,000 without Landlord's prior written consent (but upon notice to Landlord) provided such work is done in a workmanlike manner with materials and finishes comparable to those then existing in the aggregatePremises, (ii) are not visible from and provided that improvements, alterations and additions to the structure or the exterior of the PremisesBuilding or the Building systems shall be made only with the prior written consent of Landlord, which consent may be withheld in Landlord's sole discretion. If Tenant makes any improvements, alterations or additions, Tenant agrees to: (i) comply with all applicable laws, ordinances, rules and regulations of all governmental authorities; (ii) discharge by payment, bond or otherwise, any mechanics' lien filed against the Property for work, labor, services or materials performed at or furnished to the Premises on behalf of Tenant; (iii) do not affect any Building System furnish Landlord with plans of such improvements, alterations or the structural strength of the Building, additions (and as-built drawings upon completion); (iv) do not require penetrations into the floormaintain such insurance as reasonably determined by Landlord, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s use contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, reasonably approved by Landlord, (ivvi) Tenant shall pay Landlord all reasonable costs and expenses undertake such work in connection a manner such as not to unreasonably interfere with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessaryuse by the other, and (vvii) remove same upon Landlord’s 's written request Tenant shallgiven on or before the Expiration Date, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage caused thereby and will restore the Premises to its original condition. Notwithstanding the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterationsforegoing, Landlord will notify hereby approves the work to be completed by Tenant whether in the Premises as set forth on the plans attached hereto as Exhibit B (the "Plans") at the beginning of the Term. Except with respect to obtaining Landlord's approval of the work set forth in the Plans (which is hereby given), all such work shall be performed in accordance with this Lease and in particular this Paragraph 12(d), provided, however, that Tenant is required shall not be obligated to remove the Alterations such improvements at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantTerm as provided in Subparagraph 12(d)(vii) above.
Appears in 1 contract
Sources: Building Lease (Cardionet Inc)
Alterations. Except as provided in the immediately preceding subparagraph, and except for non-structural Alterations that and non-Building system alterations not in excess of Seventy-Five Thousand Dollars (i$75,000) do not exceed $5,000 in any Lease Year, Tenant shall make no alterations or additions to the aggregatePremises ("Alterations") without the prior written consent of Landlord, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or wallswhich consent may be withheld in Landlord's reasonable discretion, and (v) do not require work within then only by contractors or mechanics approved by Landlord in writing and upon the wallsapproval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, below the floor or above the ceilingto be prepared and submitted by Tenant, at its sole cost and expense. Tenant shall, at its sole cost and expense, obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. If Landlord, in approving any Alterations, specifies a reasonable commencement date therefor, Tenant shall not make commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or permit any Alterations in or material supplied to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf at the request of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specificationsany Alterations. If permitted Alterations are made, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant they shall be the property of Tenant until the expiration or termination of this Lease; made at that time without payment by Landlord the Alteration Tenant's sole cost and expense and shall remain on the Property be and become the property of Landlord, except that Landlord unless Landlord gives may, provided notice is given to Tenant at the time Landlord approves such Alteration, require Tenant, at Tenant's expense, to remove itall partitions, in which event Tenant will remove itcounters, will railings and other Alterations installed by Tenant, and to repair any resulting damage and will restore damages to the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at caused by such removal upon the expiration or earlier termination of this Leasethe Term. Tenant If Landlord's approval is not required in connection with an Alteration, Landlord may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and require removal of them will not affect such Alteration, as aforesaid, at any structural portion time within thirty (30) days after Tenant's written request for a determination by Landlord as to whether such Alteration shall be removed upon the expiration or earlier termination of the Property, any Term. Any and all costs attributable to or related to the applicable building codes of the city in which the Building System is located (or any other equipment authority having jurisdiction over the Building) arising from Tenant's plans, specifications, improvements, alterations or facilities serving the Building otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any occupantother work arising from or related to this Article 5, Landlord shall be entitled to receive an administrative fee of two percent (2%). The construction of initial improvements to the Premises shall be governed by the terms of the Tenant work letter, attached hereto as Exhibit C, and not the terms of this Article 5.
Appears in 1 contract
Sources: Lease (Alnylam Pharmaceuticals Inc)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make any alteration, addition or permit any Alterations in or improvement to the Premises or any portion thereof (collectively “Alterations”) without first obtaining Landlord’s consentin each instance, the prior written consent of Landlord which consent shall not be unreasonably withheld. With respect Landlord acknowledges that Tenant has advised that it will need to any make some Alterations made by or on behalf of Tenant (whether or not the Alteration requires regarding venting systems for their operations that will requite reasonable roof penetrations and Landlord’s consent): (i) consent to such Alterations shall not less than 10 days prior to commencing any Alteration, Tenant be unreasonably withheld. All Alterations shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore shall remain upon and be surrendered with the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations as a part thereof at the expiration or termination of this Lease, or at Landlord’s option, any or all of the Alterations must be removed by Tenant and the Premises must be restored to its original condition. Landlord agrees that upon request from Tenant at the time Tenant seeks consent from Landlord of an Alteration, Landlord shall elect whether or not the Alterations must be removed by Tenant and the Premises restored to its original condition. Tenant may install its trade fixturesshall not do any act which shall in any way encumber the title of Landlord in and to the Premises and shall not permit the Premises to become subject to any mechanics’, furniture and equipment laborers’ or materialmen’s lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Premises, provided that Premises by or at the installation and removal direction of them will not affect any structural portion sufferance of the Property, any Building System or any other equipment or facilities serving the Building or any occupantTenant.
Appears in 1 contract
Sources: Industrial Lease (Power Solutions International, Inc.)
Alterations. Except for No alterations, additions or improvements shall be made to the Building or any part thereof by or on behalf of Tenant without first submitting a detailed description thereof to Landlord and obtaining Landlord’s written approval which shall not be unreasonably withheld, conditioned or delayed provided, however, Landlord’s approval shall not be required in connection with alterations, additions or improvements each costing Fifty Thousand ($50,000.00) Dollars or less so long as: (1) Tenant has obtained all requisite governmental permits and approvals; and (ii) the alterations, additions or improvements are non-structural Alterations that (i) in nature and do not exceed $5,000 affect any of the Building’s mechanical or other systems; (iii) upon the completion of each alteration, addition or improvement Tenant provides Landlord notice thereof; and (iv) if the relocation of walls is involved in the aggregatealteration, addition or improvement, Tenant provides to Landlord CAD drawings of the work in question (iicollectively, “Permitted Alterations”). All alterations, additions or improvements made by Tenant and all fixtures attached to the Building (other than trade fixtures such as moveable walls and cubicles) are shall become the property of Landlord and remain at the Building or, at Landlord’s option, after written notice to Tenant, any or all of the foregoing which may be designated by Landlord at the time Landlord’s approval is requested or concerning a Permitted Alteration upon Tenant’s request in writing, shall be removed at the cost of Tenant before the expiration or sooner termination of this Lease and in such event Tenant shall repair all damage to the Building caused by the installation or removal. However, Landlord acknowledges that none of the Tenant Work need be removed by Tenant upon the expiration or sooner termination of this Lease. Notwithstanding anything in this Lease, unless otherwise requested by Landlord in writing, Tenant shall remove all Direct Tenant Work and shall repair all damage to the Building caused by the installation or removal of such Direct Tenant Work. Except as set forth in this Lease, Tenant shall not erect or place, or cause or allow to be erected or placed, any sign, advertising matter, lettering, stand, booth, showcase or other article or matter in or upon the Building which is visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into without the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, prior written consent of Landlord which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord not place weights anywhere beyond the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection safe carrying capacity of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantstructure.
Appears in 1 contract
Sources: Lease Agreement (MEDecision, Inc.)
Alterations. Except for non-structural Alterations that (i) do Lessee agrees not exceed $5,000 in to make, perform or conduct or cause to be made, performed or conducted any major construction, alterations or renovation to any Private Improvements or Ancillary Improvements to or on the aggregateAmended Leased Property, (ii) are not visible from without the exterior prior written consent of the PremisesGeneral Manager and without obtaining such building permits, other permits and licenses as required by law. Lessee shall barricade and secure any unsafe area pending such construction, alteration or renovation. Lessee shall keep the Amended Leased Property, the Private Improvements and the Ancillary Improvements and any other improvements free and clear of any and all claims attaching to real property, liens or encumbrances (iiihereinafter referred to as "liens" or "encumbrances") do not affect in any Building System way arising out of any construction, alteration, renovation or use by Lessee and will remove any such claims, liens or encumbrances in a timely manner. Any construction, renovation or alterations to improvements on the structural strength Amended Leased Property, other than those constituting what would be defined by law as personal property, shall become a part of the Building, (iv) do not require penetrations into the floor, ceiling or walls, Amended Leased Property upon completion and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheldremoved, but shall remain with the Amended Leased Property at the termination, non-renewal, cancellation or expiration of this Amended and Restated Lease. With respect Notwithstanding the preceding sentence, any equipment or personal property owned by Lessee which are not permanently attached or affixed to any Alterations made by or on behalf of Tenant (whether or not real property and which can be removed without damaging the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alterationreal property, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be remain the property of Tenant until the expiration or termination of this Lease; at that time without payment Lessee and may be removed by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove itLessee, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantif timely.
Appears in 1 contract
Sources: Lease Agreement
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceilingas otherwise required herein, Tenant shall not make any alterations, additions or permit any Alterations improvements to the exterior or structural portions of the Premises (including, without limitation, the roof) (herein referred to collectively as “Alteration”) without the prior written consent of Landlord and the Association (to the extent it has jurisdiction), which consent Landlord and the Association shall not unreasonably withhold. Tenant may install in or to the interior of the Premises without first obtaining the consent of Landlord’s consent, unattached, movable trade fixtures and furniture which consent shall not may be unreasonably withheldinstalled without drilling, cutting or otherwise defacing the Premises (herein referred to as “Removable Trade Fixtures”). With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver submit to Landlord the plansfor its review and approval, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the complete plans and specifications delivered tofor any proposed Alteration at the time approval is sought, andand if necessary, if required aboveresubmit the same from time to time, within fifteen (15) days after receipt of written notice of disapproval thereof from Landlord or the Association, until the same are approved by Landlord, Landlord and the Association if applicable. In the event the Association or Landlord fails to grant its approval (ivor disapproval) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specificationsspecifications within ten (10) days of Tenant’s submission (and/or resubmission) of the same, then Landlord and/or the Association, as the case may be, shall be deemed to have approved the same. In connection with any Alteration of the Premises by Tenant, Tenant shall comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the ADA), and all rules and regulations of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in governmental authority having jurisdiction over the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant.
Appears in 1 contract
Alterations. 6.1 Except for non-structural Alterations that (i) do not exceed $5,000 those, if any, specifically provided for in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceilingExhibit B to this Lease, Tenant shall not make or permit suffer to be made any Alterations in alterations, additions, or improvements, including, the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7 (“Alterations”), without first obtaining the prior written consent of Landlord’s consent, which consent shall not be unreasonably withheld, conditioned or delayed. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s When applying for such consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements, if applicable.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that be made using Tenant’s contractors (subject to Landlord’s reasonable approval), at Tenant’s sole cost and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) expense. If Tenant shall obtain employ any contractor other than Landlord’s prior written approval pre-approved contractor, and such other contractor or any subcontractor of such other contractor shall employ labor and/or suppliers, then Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any contractor dispute with any labor concerning the wage, hours, terms or subcontractorconditions of the employment of any such labor.
6.3 All alterations, (iii) the Alteration additions, and improvements proposed by Tenant shall be constructed with new materials, in a good and workmanlike manner, and in compliance accordance with all Laws government laws, ordinances, rules and the plans regulations and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alterationconstruction, provide the additional insurance required under Article 11 in such case, and also all such reasonable assurances to Landlord, including but not limited to, waivers of lien, as Landlord reasonable security shall reasonably require to assure payment of the costs thereof and to protect Landlord and the Building and appurtenant land against liens arising out of such constructionany loss from any mechanic’s, materialmen’s or other liens. Any Alteration by Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4.
6.4 All alterations, additions, and improvements in, on, or to the Premises or in, on or to the Building made or installed by Tenant, including carpeting, shall be and remain the property of Tenant until during the Term but, excepting furniture, furnishings, telecommunication switch equipment, batteries, generators, condensers, dry coolers, conduits, cabling, pull boxes, and other telecommunication related facilities, movable partitions and other trade fixtures, all of which shall be removed from the Premises and the Building at Tenant’s expense and the Premises restored to its original condition, and any remaining improvements, shall become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Term, at which time title shall pass to Landlord under this Lease; Lease as by a ▇▇▇▇ of sale, unless Landlord elects otherwise. Upon such election by Landlord, Tenant shall upon demand by Landlord, at that time without payment Tenant’s sole cost and expense, forthwith and with all due diligence remove any such alterations, additions or improvements, including any which are designated by Landlord the Alteration to be removed, and Tenant shall remain on the Property forthwith and become the property of Landlord unless Landlord gives notice to Tenant to remove itwith all due diligence, in which event Tenant will remove itat its sole cost and expense, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building to their original condition, reasonable wear and tear and damage by fire or any occupantother casualty excepted.
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Sources: Lease (Neutral Tandem Inc)
Alterations. Except for non-structural Alterations that Tenant may make certain alterations to the New Premises (i) the "ALTERATIONS"). If Tenant shall make any Alterations, it shall do not exceed $5,000 so in accordance with the aggregate, (ii) are not visible from the exterior terms and provisions of the PremisesLease, (iii) do including, but not affect any Building System or the structural strength limited to, Section 10 of the BuildingOriginal Lease. If Tenant makes such Alterations, (iv) do not require penetrations into upon completion of the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceilingAlterations, Tenant shall furnish Landlord with full and final waivers of liens and contractors' affidavits and statements, in such form as may be required by Landlord, Landlord's title insurance company and Landlord's construction or permanent lender, if any, from all parties performing labor or supplying materials or services in connection with the Alterations showing that all of said parties have been compensated in full and waiving all liens in connection with the Premises and Building. Tenant shall submit to Landlord a detailed breakdown of Tenant's total construction costs, together with such evidence of payment as is reasonably satisfactory to Landlord. So long as an event of default has not occurred under the Lease, as amended hereby, and Tenant has submitted to Landlord the detailed breakdown of Tenant's total construction costs, within thirty (30) days of Tenant's written request during the Term, Landlord shall make or permit any Alterations a dollar contribution in or the amount of Four Hundred Twenty Three and NO/100 Dollars ($423.00) for application to the Premises without first obtaining extent thereof to the cost of the Alterations ("LANDLORD'S CONTRIBUTION"). If the cost of the Alterations exceeds Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration's Contribution, Tenant shall deliver to Landlord the plans, specifications and necessary permits have sole responsibility for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval payment of any contractor or subcontractor, (iii) such excess cost. If the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection cost of the construction Landlord deems necessaryAlterations is less than Landlord's Contribution, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by entitled to a credit against Rent from Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural for such unused portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupantLandlord's Contribution.
Appears in 1 contract
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable actual out-of-pocket costs and expenses expenses, if any, paid by Landlord to outside architects, engineers or similar third parties in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless either (i) Landlord gives notice to Tenant to remove it, or (ii) Tenant elects to remove it, and, in which event either of such cases Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in shall have no right or obligation to remove the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant.Initial Tenant
Appears in 1 contract
Sources: Lease Agreement (Uroplasty Inc)
Alterations. Except for non-as otherwise provided in Article 5.B. above and Exhibit B attached hereto, Tenant shall make no alterations or additions to the Premises (“Alterations”) without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion as to Alterations which adversely affect or impair the structural Alterations that (i) do not exceed $5,000 in integrity of or the aggregate, (ii) are not visible from the exterior efficient and proper operation of the Premises, (iii) do not affect any Building System or the structural strength operating systems of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld, delayed or conditioned as to all other Alterations. With respect Any Alterations shall only be performed by contractors or mechanics approved by Landlord in writing (which approval shall not be unreasonably withheld, conditioned or delayed), and only upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question (to the extent such plans and/or specifications would customarily be prepared for work of such nature), to be prepared and submitted by Tenant, at its sole cost and expense, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall, at its sole cost and expense, obtain all necessary approvals and permits pertaining to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord. Tenant hereby indemnifies, (iv) defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of any Alterations. If permitted Alterations are made by, on behalf of, or at the request of, Tenant, they shall be made at Tenant’s plans sole cost and specifications, expense and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord, except that Landlord unless Landlord gives may, by written notice to Tenant given at the time of approval of such Alterations, require Tenant, at Tenant’s expense, to remove itall partitions, in which event Tenant will remove itcounters, will railings and other Alterations installed by Tenant, and to repair any resulting damage and will restore damages to the Premises to caused by such removal. Unless Landlord notifies Tenant in writing of such removal obligation at the condition existing prior to Tenanttime of Landlord’s Alteration. At Tenant’s request prior to approval of the plans and specifications therefor in accordance with the terms and conditions of Exhibit B attached hereto, Tenant making any Alterations, Landlord will notify Tenant whether Tenant is shall not be required to remove any alterations or improvements made to prepare the Alterations at the expiration or termination of this Lease. Premises for Tenant’s initial occupancy; provided, however, that Landlord agrees that Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will shall not affect be obligated to remove any structural portion of the Propertyimprovements conceptually shown on the space plan hereto as Exhibit B-1, any Building System subject to the terms and conditions of Exhibit B attached hereto. Any and all costs attributable to or related to the applicable building codes of the City of Boston (or any other equipment authority having jurisdiction over the Building) arising from Tenant’s plans, specifications, improvements, Alterations or facilities serving the Building otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any occupantother work arising from or related to this Article 5, Landlord shall be entitled to receive a commercially reasonable administrative/supervision fee, not to exceed three percent (3%) of the so-called “hard” costs of any such work, to compensate Landlord for costs and expenses arising from Landlord’s review and approval processes.
Appears in 1 contract