Alterations. Sublessee shall at its own expense, make, or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayed.
Appears in 3 contracts
Sources: Aircraft Sublease Agreement (Frontier Airlines Inc /Co/), Aircraft Sublease Agreement (Frontier Airlines Inc /Co/), Aircraft Sublease Agreement (Frontier Airlines Inc /Co/)
Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in good workmanlike manner erect such shelves, makebins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or procure Development and without overloading the making offloor or damaging such Building or Development, such alterations and modifications in each case after complying with all applicable governmental laws, ordinances, regulations and additions other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageLease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this Lease or upon earlier vacating of the Airframe or Premises if required by Landlord; upon any such Engineremoval Tenant shall restore the Premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in a good and workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural quality of the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedBuilding.
Appears in 3 contracts
Sources: Lease Agreement (Daleen Technologies Inc), Lease Agreement (Daleen Technologies Inc), Lease Agreement (Daleen Technologies Inc)
Alterations. Sublessee Tenant shall at its own expense, makenot do any painting or decorating, or procure the making oferect any partitions, such make any alterations and modifications in and or additions to the Airframe Premises or do any nailing, boring or screwing into the ceilings, walls or doors, without Landlord's prior written consent in each and Engines every instance. Unless otherwise agreed by Landlord and Tenant in writing, all such work shall be performed either by or under the direction of Landlord, but at the sole cost of Tenant. Landlord's decision to refuse such consent shall be conclusive. If Landlord consents to such alterations or additions, before commencement of the work or delivery of any materials into the Premises or into the Building, Tenant shall furnish Landlord for approval: (A) Plans and specifications; (B) Names and addresses of contractors; (C) Copies of contracts; (D) Necessary permits; and (E) Indemnification and insurance in form and amount satisfactory to Landlord from all contractors performing labor or furnishing materials, insuring against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions. Landlord may withhold approval of any alteration or additions if the plans and specifications therefor are not acceptable to Landlord or Landlord's architect or engineer (if any). In connection with any request for approval of any alterations or additions by Tenant, Landlord may retain the services of an outside architect and/or engineer and the reasonable fees of such architect and/or engineer shall be reimbursed to Landlord by Tenant. Landlord's approval of any plans or specifications shall not be construed to be an agreement or representation on Landlord's part as may to the adequacy or suitability of Tenant's alterations or additions. In the event Landlord permits the alterations or additions to be required from time completed by Tenant's contractor, Landlord reserves the right to time require that Tenant shall terminate its contract with any such contractor in the event said contractor shall be engaged in a labor dispute which disrupts said contractor work. Landlord shall also have the right to meet the order any contractor of Tenant who violates any of Landlord's requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Aviation Authority Building. Landlord or the managing agent of the Building shall be entitled to charge a fee for supervision and coordination of all such alterations. Tenant agrees that its contractors shall not conduct their work in such a manner so as to interfere with or cause any Government Entity having jurisdiction interruption of either (A) Landlord's construction; (B) another tenant's occupancy or construction; or (C) other phases of Landlord's operation of the Building. Tenant hereby agrees to indemnify and hold Landlord, its beneficiaries, partners and their respective agents and employees harmless from any and all liabilities of every kind and description which may arise out of or be connected in any countryway with said alterations or additions. Any mechanic's lien filed against the Premises, stateor the Project, county for work claimed to have been furnished to Tenant shall be discharged of record or other political subdivision bonded against by Tenant within ten (10) days thereafter, at Tenant's expense. Upon completing any alterations or additions, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations and additions shall comply with all insurance requirements and with all ordinances and regulations of any pertinent governmental authority. All alterations and additions shall be constructed in a good and workmanlike manner and only good grades of materials shall be used. All additions, decorations, fixtures, hardware, non-trade fixtures and all improvements, temporary or permanent, in or over which upon the Aircraft is flown Premises, whether placed there by Tenant or by Landlord, shall, unless Landlord requests their removal, become Landlord's property and shall remain upon the FAA and any mandatory Premises at the termination of this Lease, by lapse of time or recommended service bulletins of the Manufacturerotherwise, without compensation or allowance or credit to Tenant. In addition, Sublessee Landlord may, at its own expensesole option, from time request Tenant, at Tenant's sole cost, to time, make, or procure remove same at the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature termination of the Aircraft as a passenger carrying aircraftTerm, or change its original type design or configurationand if, or materially diminish upon Landlord's request, Tenant does not remove said additions, decorations, fixtures, hardware, non-trade fixtures and improvements, Landlord may remove the value or utility of same, and Tenant shall pay the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result cost of such alteration, modification or addition shall be vested in Owner Trustee, subject removal to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedLandlord upon demand.
Appears in 3 contracts
Sources: Office Lease (Biotel Inc.), Asset Purchase Agreement (Biotel Inc.), Office Lease (Biotel Inc.)
Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions improvements to the Airframe premises (including, but not limited to, roof and Engines as may wall penetrations) without the prior written consent of Landlord. Such consent will not be required from time to time to meet denied provided the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturerimprovements are building standard office/warehouse finishes. In addition, Sublessee may, at its own expense, from time the event Landlord consents to time, make, or procure the making of, such alterations and modifications in and additions including the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. 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 building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Airframe or any Engine as Sublessee Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may deem desirable in be removed by Tenant prior to the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgagelease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this lease or upon earlier vacating of the Airframe or premises if required by Landlord; upon any such Engineremoval Tenant shall restore the premises to their original condition with consideration for normal wear and tear. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in a good workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural qualities of the Aircraft or to reimburse Sublessee for building and other improvements situated on the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedpremises.
Appears in 3 contracts
Sources: Lease Agreement (Hayes Corp), Lease Agreement (Hayes Corp), Lease Agreement (Hayes Corp)
Alterations. Sublessee Tenant shall at its own expense, make, not make nor permit to be made any ----------- alterations or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require SublessorPremises without obtaining Landlord's prior written consent, consent which consent shall not be unreasonably withheld withheld, and then only by contractors or delayedmechanics approved by Landlord. Landlord shall generally consent to alterations, additions, or improvements which do not affect the value of the Premises significantly and which do not affect the structure or operation of the Building. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with any and all applicable laws, statutes, rules, orders, ordinances, regulations, and requirements of the federal, state, and local governments, and all their departments and bureaus, as well as the requirements of the Association of Fire Underwriters, or similar governing insurance body. Unless otherwise approved by Landlord, all alterations, additions, and improvements to the Premises shall be made by Landlord. Landlord shall pay for the cost of any alterations, additions, and improvements to the Premises only to the extent Landlord agrees to do so by a separate written agreement with Tenant. Otherwise, Tenant shall pay all costs for such additions, alterations, and improvements including any additions, alterations, and improvements to the Premises required by any governmental agency during the term of this Lease, which costs shall include a reasonable overhead and profit charge by Landlord. Tenant shall report all costs incurred by Tenant for any alterations, additions, or improvements made by Tenant to the Premises and shall permit Landlord to examine all contracts and records relating to such alterations, additions, or improvements. All alterations, additions, and improvements to the Premises by Landlord or Tenant shall become part of the realty and belong to Landlord and, at the end of the term hereof, shall remain on the Premises without compensation of any kind to Tenant, except that any trade fixtures which are installed and paid for by Tenant shall remain the property of Tenant and may be removed by Tenant during the term of this Lease provided Tenant repairs any damage to the remaining improvements of the Premises caused by the removal of such fixtures. Moveable furniture and equipment of Tenant shall remain the property of the Tenant.
Appears in 2 contracts
Sources: Office Building Lease (Physicians Quality Care Inc), Office Building Lease (Physicians Quality Care Inc)
Alterations. Sublessee Tenant shall at its own expense, make, or procure the making of, such not make alterations and modifications in and additions to Tenant's space except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld. However, Landlord's determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Airframe and Engines as may Premises shall be required from time in Landlord's sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to time to meet the standards be performed by Tenant under Section 3.1) which (a) in Landlord's opinion might adversely affect any structural or exterior element of the Aviation Authority Building, any area or element outside of the Premises, or any Government Entity having jurisdiction in facility serving any countryarea of the Building outside of the Premises, stateor (b) involve or affect the exterior design, county size, height, or other political subdivision exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent, in Landlord's judgment, with alterations satisfying Landlord's standards for new alterations in the Building. Landlord's review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and Insurance Requirements nor deemed a waiver of Tenant's obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or over obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall reimburse Landlord for the third party costs and expenses incurred by Landlord to review Tenant's plans and Tenant's work but in no event more than $1,000.00 for each alteration project proposed by Tenant. All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2 except for any additions, alterations, or other improvements which Tenant requests to remain in the Aircraft Premises in Tenant's notice seeking Landlord's consent (which notice shall specifically refer to this Section 3.6) and for which Landlord specifically agrees in writing may remain in the Premises. All of Tenant's alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord's general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord's general contractor, Tenant, before its work is flown started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry workmen's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and commercial general liability insurance or comprehensive general liability insurance with a broad form comprehensive liability endorsement with such limits as Landlord may reasonably require, but in no event less than $2,000,000.00 combined single limit per occurrence on a per location basis (all such insurance to be written in companies approved by Landlord and naming and insuring Landlord and Landlord's managing agent as additional insureds and insuring Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the FAA Buildings or the Site and immediately to discharge any mandatory or recommended service bulletins such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of any real estate taxes on the Complex which shall, at any time after commencement of the Manufacturer. In Term, result from any alteration, addition or improvement to the Premises made by Tenant.
3.6.1 Notwithstanding the terms of Section 3.6, Tenant shall have the right, without obtaining the prior consent of Landlord, to make alterations, additions or improvements to the Premises where:
(i) the same are within the interior of the Premises within the Building, and do not affect the exterior of the Premises and the Building (including no - 27 - signs on the window);
(ii) the same do not affect the roof, walls, any structural element of the Building, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Building;
(iii) the cost of any individual alteration, addition, Sublessee mayor improvement shall not exceed $2,500.00 and the aggregate cost of said alterations, at its own expenseadditions or improvements made by Tenant during the Lease Term shall not exceed $10,000.00 in cost; and
(iv) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, from time to timeTenant shall pay for any such increase in cost; provided, makehowever, or procure the making ofthat Tenant shall, such alterations and modifications in and additions including within fifteen (15) days after the making of any improvements such changes, send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given at least twenty (20) days prior to the Airframe expiration or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature earlier termination of the Aircraft as a passenger carrying aircraftLease Term, or change may require Tenant to restore the Premises to its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe improvement at the expiration or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part earlier termination of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedLease Term.
Appears in 2 contracts
Sources: Lease Agreement (Unica Corp), Lease Agreement (Unica Corp)
Alterations. Sublessee Tenant shall not make any alterations to the Premises or the Business Park without Landlord's prior written consent which shall not be unreasonably withheld. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, whether or not subject to the approval of Landlord, shall be performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within thirty (30) days before or thirty (30) days after expiration of the Term, elect to require Tenant to remove some or all of the alterations which Tenant may have made to the Premises. If Landlord so elects, Tenant shall at its own expense, make, or procure cost restore the making of, such alterations and modifications in and additions Premises to the Airframe and Engines as may be required from time to time to meet condition designated by Landlord in its election, before the standards last day of the Aviation Authority Term or any Government Entity having jurisdiction within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins writing to Tenant's alteration of the Manufacturer. In additionPremises, Sublessee may, at its own expense, from time to time, make, or procure Tenant shall contract with a contractor approved by Landlord for the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result construction of such alteration, modification or addition alterations. shall be vested in Owner Trustee, subject to the Mortgagesecure all appropriate governmental approvals and permits, and shall forthwith be deemed Part complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. Tenant shall pay all costs for such construction and shall keep the Premises free and clear of the Airframe or such Engineall mechanics' liens which may result from construction by Tenant. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition Notwithstanding anything in this Lease to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent contrary:
a. Tenant shall not be unreasonably withheld required to remove any improvement or delayedfixture installed by Tenant in, on or about the Premises pursuant to Tenant's repair obligation under this Lease, and Tenant shall not be required to remove any alterations, improvements, additions or utility installations for which Tenant has obtained Landlord's consent, unless Landlord has indicated, at the time of granting such consent, that such removal will be required.
b. Tenant shall be entitled to remove Tenant's furniture, equipment, trade fixtures and other personal property at the expiration of the term, provided Tenant repairs all damages caused by such removal.
c. Tenant shall be entitled to make alterations and utility installations in, on, under or about the Premises without consent of Landlord, so long as the cost of such alteration or utility installation does not (i) exceed the sum of $2,500; (ii) affect the structural or exterior portions of the Building or adversely affect the Building electrical, plumbing or HVAC systems; or (iii) involve the removal or relocation of any walls. Tenant shall, however, provide Landlord fifteen (15) days prior advance written notice and copies of a description of the alteration along with building permit plans(s) and specifications to enable Landlord to post any desired notices of non-responsibility.
Appears in 2 contracts
Sources: Lease Agreement (Docent Inc), Lease Agreement (Docent Inc)
Alterations. Sublessee After the Commencement Date, Tenant shall at its own expensenot make any additions, makechanges, alterations or procure the making of, such alterations and modifications in and additions improvements (“Alterations”) to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown Premises or the FAA Building, without the prior written consent of Landlord. All Alterations shall be at Tenant’s sole cost and any mandatory or recommended service bulletins shall be performed in a good and workmanlike manner and all materials used shall be of the Manufacturer. In addition, Sublessee may, at its own expense, from time a quality comparable to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable those in the proper conduct of its businessPremises and the Building and shall be in accordance with plans and specifications approved by Landlord. All Alterations shall be performed in accordance with reasonable requirements established by Landlord, including, removal upon Landlord’s request, provision of Parts (a lien and completion bond in an amount equal to 150% of the cost of the Alterations. In any case, Tenant shall pay Landlord a reasonable fee to cover Landlord’s costs incurred in reviewing Tenant’s plans and specifications. Tenant shall maintain a safe working environment, including the continuation of all fire and security protection devices, if any, previously installed in the Premises by Landlord. All damages or injury done to the Premises or the Building by Tenant or by any persons who may be in or upon the Premises or the Building with the express or implied consent of Tenant, including but not limited to the cracking or breaking of any glass of windows and doors, shall be paid for purposes by Tenant and Tenant shall pay for all damage to the Building caused by acts or omissions of Tenant or Tenant’s officers, contractors, subcontractors, agents, invitees, licensees, employees, successors or assigns. If Landlord consents to any Alterations by Tenant, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of any Alterations. Except as otherwise provided herein, all Alterations, except Tenant’s moveable personal property that does not become a part of the Building shall remain in and be surrendered with the Premises as a part thereof at the expiration or sooner termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete Lease. Landlord may require Tenant to remove any Alterations and to restore the Premises to its condition prior to the completion of any Alterations at the expiration or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature termination of the Aircraft Term, such work to occur at Tenant’s expense and Tenant shall repair all damage to the Premises or Building occurring as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alterationremoval or restoration. If Tenant fails to remove any Alterations as required by Landlord or repair any damage occurring during such removal, modification or addition Landlord shall be vested entitled to remove any Alterations or make such repairs, at Tenant’s expense. Tenant shall comply with all applicable laws, codes and regulations in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedconnection with all Alterations.
Appears in 2 contracts
Sources: Lease Agreement (Pacific Biometrics Inc), Lease Agreement (Pacific Biometrics Inc)
Alterations. Sublessee A. Lessee shall at its own expense, make, not wake any alterations or procure the making of, such alterations and modifications in and additions to the Airframe Premises without first delivering to Lessor a copy of all plans and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, specifications for such alterations or additions and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's obtaining Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayedconditioned. Lessor agrees to provide notice of its decision to Lessee within 20 days after Lessor has received all plans and specifications required to be delivered by Lessee to Lessor and upon which a decision is to be made. Lessor’s failure to deliver to Lessee notice withholding Lessor’s consent thereto or requesting additional information within the 20 day period shall be deemed Lessor’s granting of consent. Notwithstanding the foregoing, subject to Lessee’s compliance with the other requirements of this paragraph 12, Lessor hereby consents to Lessee making its initial tenant improvements to the Premises provided Lessee delivers to Lessor, within 30 days of Lessee’s receipt of such documents, copies of all government approvals and permits, plans, specifications and the Certificate of Final Completion and Occupancy or its equivalent. In addition, after the completion of the alterations and additions to the Premises in connection with Lessee’s initial occupation of the Premises, Lessee shall have the right, without Lessor’s consent, to make non-structural alterations and additions to the Premises, provided that the aggregate cost of such alterations and additions made without consent shall not exceed $500,000 over the term of this Lease and no one alteration or addition shall cost more than $50,000. Any permitted alterations or additions, other than Lessee’s equipment and trade fixtures, shall remain on and be surrendered with the Premises on expiration or termination of the term or any extension thereof, unless Lessor elects to require Lessee to remove all of its alterations or additions that Lessee has made to the Premises, in which event Lessee shall remove all such alterations or additions at its sale cost shall restore the Premises to the condition when received by Lessee on the Lease Commencement Date, ordinary wear and tear and damage by fire, earthquake, or act of God excepted. If Lessee fails to so restore and to remove such alterations and additions and its equipment and trade fixtures from the Premises and Lessor incurs costs to restore the Premises or to remove additions or alteration made by Lessee or Lessee’s equipment and trade fixtures and to remove any hazardous materials as defined in paragraph 8.C.(1) of this Lease and remediate any contamination as required by paragraph 8.C.(4) of this Lease, Lessee shall reimburse Lessor for all such costs incurred and shall also reimburse Lessor for the Base Monthly Rent prorated for each day after the expiration of the term that Lessor must occupy the Premises for the purpose of removing Lessee’s alterations, additions, equipment and trade fixtures or making repairs.
B. If Lessee makes any alterations or additions to the Premises as provided in this paragraph 12, the alterations or additions shall not be commenced until five (5) business days after Lessor has received written notice from Lessee stating the date the installation of the alterations or additions is to commence so that Lessor may post and record an appropriate notice(s) of non-responsibility.
C. Lessee’s right to make additions and alterations, and the consent of Lessor given as set forth or required by this paragraph 12, shall be deemed conditioned upon Lessee’s acquiring every permit required to make such alterations, additions or improvements from all governmental agencies whose approval is required. Lessee shall furnish a copy of each and every permit to Lessor prior to beginning any such work and shall complete said work according to applicable building codes and other applicable governmental regulations and permitting requirements in a worker-like and expeditious manner.
D. Lessee shall pay all costs for any and all alterations or additions done by it or caused to be done by it on the Premises as permitted by this Lease. Lessor shall have no obligation or responsibility to make any alterations or improvements to the Premises, except as specifically provided in this Lease. Lessee shall keep the Premises free and clear of all mechanics’ liens resulting from any alterations or additions done by or for Lessee. Lessee shall have the right to contest the correctness or the validity of any such lien if, immediately on demand by Lessor, Lessee procures and records a lien release bond issued by a corporation authorized to issue surety bonds in California in an amount equal to one and one-half times the amount of the claim of lien. The bond shall meet the requirements of Civil Code Section 3143 and shall provide for the payment of any sum that the claimant may recover on the claim (together with costs of suit, if it recovers in the action).
Appears in 2 contracts
Sources: Sublease (Audentes Therapeutics, Inc.), Sublease (Audentes Therapeutics, Inc.)
Alterations. Sublessee Excepting Tenant’s Upfit, Tenant shall at its own expensemake no alterations, makeadditions, or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe Premises without the prior written consent of Landlord, and any such request by Tenant of Landlord to make any such alterations, additions or any Engine improvements shall in each case be accompanied by plans and specifications for such alterations, additions and improvements all in such detail as Sublessee Landlord may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such reasonably required. Any alteration, modification, addition or removal shall cost over US$ 200,000, improvement to the Premises which results in any damage to the Premises or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming improvement to the Premises which results in any damage to the Premises or the Building including, but not limited to the floor, ceiling or outside walls shall be repaired by the Tenant at the termination of the Lease, or if sooner, upon the request by the Landlord. All alterations, additions and improvements (including, without limitation, all partitions, walls, railings, carpeting, and floor coverings) made by, for or at the direction of the Tenant, shall remain upon and be surrendered with the Premises as a part thereof at the expiration or earlier termination of this Lease. All contractors and subcontractors employed by Tenant for any such Airframe work shall be subject to Landlord’s prior approval. Tenant shall comply with all applicable laws and obtain all licenses and permits required by any applicable authority before commencing construction. Any alarm or Engine was then sprinkler system installed by Tenant must be compatible with any such system maintained by Landlord for the Building, Tenant and all contractors and subcontractors employed or engaged by Tenant shall comply with the Contractor Upfit and Insurance Procedures and Requirements prepared by Landlord for the Building, a copy of which will be provided to Tenant upon request All alterations, additions and improvements made by Tenant to the Premises, including without limitation, the initial alterations, additions and improvements made to the Premises, shall remain in the condition Premises and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld removed therefore at any time. Upon the expiration or delayedany earlier termination of this Lease, Tenant shall promptly reimburse Landlord for any expense or cost incurred by Landlord in restoring the Premises to the condition in which the Premises were at the time Tenant shall have occupied the same, except for Tenant’s Upfit and for ordinary wear and tear, fire or other casualty and alterations, additions and improvements to the Premises consented to in writing by Landlord unless Landlord is entitled to and notifies Tenant to remove the same.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Bank of South Carolina Corp)
Alterations. Sublessee Tenant shall at its own expensenot make or suffer to be made any alterations, makeadditions, or procure improvements which are structural in nature or which affect utility lines or equipment serving other portions of the making ofproperty, such alterations and modifications in and additions Building or in, on, or to the Airframe and Engines as Premises or any part thereof or make any improvements without the prior written consent of Landlord, which may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction withheld in any countryLandlord’s reasonable discretion. When applying for such consent, stateTenant shall, county or other political subdivision in or over which the Aircraft is flown or the FAA if requested by Landlord, furnish complete plans and any mandatory or recommended service bulletins of the Manufacturerspecifications for such alterations, additions and improvements. In addition, Sublessee may, at its own expense, from time the event Landlord consents to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal improvement by Tenant, the same shall be made using a contractor acceptable to Landlord at Tenant’s sole cost over US$ 200,000and expense. All alterations, additions or alter the fundamental nature of the Aircraft as a passenger carrying aircraftimprovements performed by Tenant shall be constructed in accordance with all government laws, or change its original type design or configurationordinances, or materially diminish the value or utility of the Airframe or any such Enginerules and regulations and Tenant shall, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to construction, provide to Landlord waivers of lien to protect Landlord against any loss from any mechanics’, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Paragraph 5 or 6 above any increase in real estate taxes attributable to any such alteration, modificationaddition, addition or. improvement for so long, during the Term, as such increase is ascertainable. Upon the expiration or removal assuming sooner termination of the Term as herein provided, Tenant shall upon demand by Landlord, at Tenant’s sole cost and expense, forthwith and with all due diligence remove any such Airframe alterations, additions or Engine was then in the condition and repair required improvements which are designated by Landlord to be maintained removed, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair and restore the Premises to their original condition, reasonable wear and tear and loss by the terms casualty excepted Any alteration, additions or improvements to be done by Tenant or Landlord as part of this Agreement. Title to all Parts incorporated Tenant’s initial occupancy shall be specified in Exhibit B. Any alteration, addition, or installed in improvement in, on, or attached or added to the Airframe Premises including carpeting, but excepting movable furniture, personal property, and trade fixtures of Tenant, which are removable without material damage to the property or any such Engine as the result of such alterationPremises, modification or addition shall be vested in Owner Trusteeand remain the property of Tenant during the Term but shall, subject to the Mortgageunless Landlord elects otherwise, and shall forthwith be deemed Part become a part of the Airframe realty and belong to Landlord without compensation to Tenant upon the expiration or such Engine. Neither Owner Trustee, Lender nor Sublessor sooner termination of the Term and title shall be required pass to Landlord under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedthis Lease as by a ▇▇▇▇ of sale.
Appears in 2 contracts
Sources: Lease Agreement (Avago Technologies LTD), Lease Agreement (Cyoptics Inc)
Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the Premises (including, but not limited to, roof and wall penetrations or alterations, additions or improvements affecting building, mechanical or electrical systems or equipment) without the prior written consent of Landlord, which consent may be withheld in its sole discretion or may be conditioned on, among other things, proof of insurance coverage, payment and performance bonds, in forms, amounts and by companies acceptable to Landlord, and ▇▇▇▇▇▇▇▇'s review of Tenant's plans and specifications, ▇▇▇▇▇▇'s contractor and ▇▇▇▇▇▇'s building permit. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner erect such shelves, makebins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or procure improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the making ofproperty of Tenant during the Term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and additions shall be delivered up to the Airframe Landlord with the Premises. All shelves, bins, machinery and Engines as trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the buildings and other improvements situated on the Premises. Landlord shall have the right at any time and from time to time to meet the standards make changes or alterations to any portion of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations Project other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent the Premises and Landlord shall not be unreasonably withheld or delayedsubject to any liability with respect to such alterations.
Appears in 2 contracts
Sources: Lease Agreement (Homegrocer Com Inc), Lease Agreement (Advanced Materials Group Inc)
Alterations. Sublessee shall at its own expenseSubtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, make, additions or procure the making of, such alterations and modifications improvements in and additions or to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition Sublease Premises shall be vested in Owner Trustee, subject to (i) the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, consent of Sublandlord (which consent shall not be unreasonably withheld withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or delayedinstall any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Sublease.
Appears in 2 contracts
Alterations. Sublessee (a) Tenant shall at its own expense, not make, or procure the making ofpermit to be made, such alterations and modifications in and any alterations, additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe Premises, or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness part thereof, below without the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or delayedimprovement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system.
(b) All additions, alterations or improvements, including, but not limited to, heating, lighting, electrical, air conditioning, fire extinguishers, lighting fixtures, ballasts, light globes, and tubes, hot water heaters, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, together with all property that has become an integral part of the Building, shall at once be and become the property of Landlord, and shall not be deemed trade fixtures, but any or all are subject to removal pursuant to paragraph 10 hereof. Notwithstanding anything to the contrary herein, Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. Tenant may remove Tenant’s Property from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in any item of Tenant’s Property.
Appears in 2 contracts
Sources: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical Inc)
Alterations. Sublessee (a) Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, Premises (including, removal of Parts (for purposes of this Clause 16.4but not limited to, Obsolete Partsroof and wall penetrations) which Sublessee deems obsolete or no longer suitable or appropriate for use in without the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character or delayedstructure of the Premises or improvements and without overloading or damaging the Premises or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Tenant shall not make any alterations, additions or improvements to the Premises which will contravene Landlord's policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof, Tenant shall pay as additional rent the amount of any such increase promptly upon demand by Landlord.
(b) Any and all alterations, additions, improvements, partitions and fixtures erected by Tenant shall be the property of Landlord and shall remain at the Premises upon termination of the Lease or upon earlier vacating of the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease provided such removal may be accomplished without damage to the Premises or to the primary structure or structural qualities of the Building and other improvements situated on the Premises. Tenant shall repair any damage to the Premises, or to the Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, its employees, agents, invitees, or contractors to the Premises. Should Tenant fail to conduct any such repair within ten days of written notice from Landlord, Landlord may, at its option, perform same, and Tenant shall remit payment to Landlord for the actual cost and expense incurred by Landlord in effecting such repair immediately upon demand.
Appears in 2 contracts
Sources: Lease Agreement (Pharmaceutical Product Development Inc), Lease Agreement (Pharmaceutical Product Development Inc)
Alterations. Sublessee Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall at its own expensebe governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or procure the making ofpermit to be made any alterations, such alterations and modifications in and additions or improvements to the Airframe and Engines as may be required from time to time to meet the standards or of the Aviation Authority Demised Premises or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, makepart thereof, or procure the making ofattach any fixtures or equipment thereto, such alterations and modifications in and additions including the making of without first obtaining Landlord's written consent. With respect to any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter improvement which does not affect the fundamental nature structure of the Aircraft as a passenger carrying aircraftBuilding, does not affect any of the Building's systems (e.g., mechanical, electrical or change its original type design or configurationplumbing), or materially does not diminish the value or utility capacity of such Building systems available to other portions of the Airframe Building, is not visible from the common areas or any such Engine, or impair exterior of the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageBuilding, and shall forthwith be deemed Part is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of the Airframe or such Engineall governmental authorities. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require SublessorLandlord's prior written consent, which consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or delayedimprovements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.
Appears in 2 contracts
Sources: Lease Agreement (Healtheon Corp), Lease Agreement (Healtheon Corp)
Alterations. Sublessee a) Tenant shall at its own expensenot create any openings in the roof or exterior walls, makenor make any alterations, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct exterior Demised Premises without prior written consent of its businessLandlord. Consent for minor alterations, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000additions, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent improvements shall not be unreasonably withheld by Landlord. Tenant shall have the right to make alterations and improvements to the interior of the building on the Demised Premises and at all times to install Tenant's shelves, bins, machinery, equipment and trade fixtures, provided Tenant complies with all applicable governmental laws, ordinances and regulations, and further provided that such installations by Tenant shall not cause any structural or delayedother damage or deface the Demised Premises. Providing Tenant is not in default of any of the terms, covenants or conditions of this Lease, Tenant shall have the right to remove at the termination of this Lease such items so installed, including any machinery or equipment installed and paid for by Tenant, if any (as specifically differentiated from any such equipment owned by Landlord); however, Tenant shall, prior to the termination of this Lease, promptly repair any damage caused by such removal.
b) Except as otherwise provided above regarding Tenant's right to remove certain installations or additions, all alterations, additions and improvements made by Tenant shall become the property of Landlord at the termination or expiration of this Lease, or Landlord may require Tenant to remove such alterations, additions and improvements and any other property placed in or on the Demised Premises by Tenant and restore the property to its original condition, and Tenant shall repair any damage caused by such removal and leave the Demised Premises in a broom clean and orderly condition.
Appears in 2 contracts
Sources: Lease Agreement With Option to Purchase (Hanover Compressor Co), Lease Agreement With Option to Purchase (Hanover Compressor Co)
Alterations. Sublessee All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall at its own expense, make, or procure become the making of, such alterations property of Landlord and modifications in shall remain upon and additions to be surrendered with the Airframe and Engines leased premises as may be required from time to time to meet a part thereof on the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4lease. Such alterations, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgageadditions, and shall forthwith improvements may only be deemed Part of made with the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. If consent is granted for the making of improvements or delayedalterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the leased premises, in connection with the making of such improvements or alteration. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily so that repairs to the roof can be made, Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon termination of this lease, Tenant shall remove or cause to be removed from the roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and condition, natural deterioration only excepted. Any damage caused by the installation of trade fixtures shall be repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be made in good and workmanlike manner.
Appears in 2 contracts
Sources: Commercial Lease, Commercial Lease
Alterations. Sublessee a. Tenant shall at its own expense, make, not make alterations or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards interior of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over Premises which are visible from the Aircraft is flown or the FAA and any mandatory or recommended service bulletins exterior of the Manufacturer. In additionpremises, Sublessee may, at its own expense, from time to time, makethe exterior of the Premises, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe structural, mechanical, plumbing, or electrical systems of the Building without the express written permission of the Landlord. Notwithstanding the foregoing, the Landlord acknowledges that as part of the Tenant Work, Tenant will be installing roof top or ground-mounted enclosed refrigeration equipment which will service its coolers and freezers, in a location specified by the Landlord; provided, however, any Engine as Sublessee may deem desirable roof top equipment must be screened in a manner reasonably acceptable to Landlord and must comply with the proper conduct Covenant Documents and all Governmental Authorities. Such refrigeration equipment for coolers and freezers (which expressly excludes HVAC for normal heating and cooling) shall be deemed to be Tenant’s Property which shall be removed by Tenant at the expiration of its business, including, removal the Lease Term or earlier termination of Parts (the Lease. Tenant shall use Landlord’s then-current roof contractor for purposes of this Clause 16.4, Obsolete Parts(i) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature installation and placement of the Aircraft as a passenger carrying aircraftrefrigeration equipment and any piercing of the roof membrane in order to facilitate the installation thereof, or change and (ii) removal of the refrigeration equipment and repair/restoration of the roof membrane to its original type design or configuration, or materially diminish the value or utility weather-resistant condition as of the Airframe or any such EngineReady for Occupancy Date, or impair the condition or airworthiness thereof, below the value, utility, condition ordinary wear and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then tear excepted. Notwithstanding anything in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added Lease to the Airframe or any such Engine as the result of such alterationcontrary, modification or addition Tenant shall be vested in Owner Trustee, subject responsible for its roof penetrations and any problems arising from such penetrations including any repairs to interior portions of the Premises.
b. Tenant shall begin alterations or additions to the Mortgage, and shall forthwith be deemed Part interior of the Airframe or such Engine. Neither Owner TrusteePremises, Lender nor Sublessor shall be required under any circumstances only after first delivering to pay directly for any alteration, modification or addition to Landlord the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior plans and specifications therefor and obtaining Landlord’s written consent, which consent will not be unreasonably withheld, conditioned or delayed. Landlord’s approval of any Tenant plans, specifications or drawings under this Lease shall create no liability for Landlord for their completeness, design sufficiency, or compliance with Governmental Authorities or applicable codes or laws. Tenant shall promptly pay for the costs of all such alterations and additions regardless of the cost, and shall indemnify Landlord against liens, costs, damages, and expenses incurred by Landlord in connection therewith, including any attorneys’ fees incurred by Landlord if Landlord shall be joined in any action or proceeding involving such work. Landlord may, at its option, pay sums due in order to release such liens, in which event any such sums paid by Landlord shall be due to Landlord by Tenant as Additional Rent, upon demand. Under no circumstance shall Tenant commence any such work until Landlord has been provided with certificates evidencing that all the contractors and subcontractors performing such work have in full force and effect adequate worker’s compensation insurance and all permits and licenses as required by Governmental Authorities. All alterations and additions shall be completed by Tenant in accordance with Exhibit B to the Work Letter. All consents given by Landlord in reference to such improvements shall be deemed conditioned upon: (i) Tenant acquiring all applicable permits required by any Governmental Authorities; (ii) the furnishing of copies of such permits together with a copy of the plans and specifications for the alteration to Landlord prior to commencement of the work thereon and prior to the submission for approval to any Governmental Authorities having jurisdiction; and (iii) the compliance by Tenant with all conditions of said permits in a prompt and expeditious manner Any alterations by Tenant shall be done in a good and workmanlike manner, with good and sufficient materials, and be in compliance with all Governmental Authorities, laws, and codes. Tenant shall promptly upon completion thereof furnish Landlord with as built plans and specifications therefor and copies of any approvals, permits and certificates given by any applicable Governmental Authorities. After the Tenant opens for business to the public, the Tenant will not require the Landlord’s consent to make permitted alterations to the Premises that cost fifty thousand ($50,000) or less, are not visible from the exterior of the Premises, and do not affect the Building structure, systems, exterior, or any electrical, plumbing or mechanical systems of the Premises/Building, and for which: (i) Tenant first provides written notice to the Landlord to permit it post notifications of non-liability at the Premises as permitted by this Lease; (ii) Tenant obtains any permits required by any Governmental Authority; (iii) Tenant undertakes such alterations in a commercially reasonable fashion; and (iv) Tenant provides the Landlord with “as-built” plans (if applicable) upon the completion of the alterations. In the event any remodeling, improvements, fixturing or modification to the Premises by Tenant results in or causes the Premises or the Shopping Center to be subject to any change or modified compliance with any laws, rules or regulations then Tenant shall pay for and reimburse Landlord for all costs or expenses, including management costs, reasonably necessary to bring any part or all of the Premises or Shopping Center into compliance therewith. Within five (5) days after notifying Landlord of any planned erection, construction, alteration, removal, addition, repair or other improvement, Landlord shall post, and Tenant shall keep posted until completion of such work, in a conspicuous place upon the doors providing entrance to the Premises, notices of non-responsibility as permitted by Governmental Authorities, stating that Landlord’s interests in the Shopping Center shall not be unreasonably withheld subject to any lien for such work.
c. Landlord acknowledges and agrees that all furniture, trade fixtures, equipment, machinery, cabinetwork, check-out counters, wiring used to serve the check-out counters, roof-top or delayedground-based refrigeration equipment, coolers, chillers, walk-in or reach-in refrigeration equipment, movable partitions, signs, and any property bearing any of the Tenant’s trade names or trademarks, whether registered or unregistered, and all other items of personal property which Tenant utilizes to conduct its business on the Premises which may be installed in or upon the Premises at Tenant’s cost (whether or not reimbursed by Landlord as a construction cost), (excluding however those items which constitute essential building systems (such as base lighting, electrical, plumbing, mechanical, ceiling, bathroom fixtures, HVAC, etc.) and all fire-safety items, flooring, water heaters, interior walls, partitions, and doors, additional utility work (if applicable), grease trap (if applicable), and parapet/facade renovation (if applicable)) (collectively “Trade Fixtures”), shall not be deemed to become a part of the Premises, and whether or not they become a component part of the Premises, the Trade Fixtures are and shall remain the property of Tenant and shall be treated as moveable trade fixtures for the purpose of this Lease. Tenant, at its own cost and expense, may install, place, reinstall or replace upon the Premises, or remove from the Premises, any such Trade Fixtures . Any replacement or additional Trade Fixtures shall not become the property of the Landlord but shall remain Tenant’s property the same as the original Trade Fixtures. All Trade Fixtures shall be removed by Tenant at the termination of this Lease. Tenant shall repair all damage to the Premises caused by any such removal. If Tenant fails to timely perform such removal obligations or if Landlord repairs any damage caused by such removal and not repaired by Tenant as herein provided, then the costs and expenses thereof incurred by Landlord may be recovered by Landlord from Tenant.
d. Landlord acknowledges and agrees that Tenant’s Trade Fixtures may be leased from an equipment lessor and that Tenant may execute and enter into an equipment lease with respect to such Trade Fixtures. Landlord shall execute and deliver a document substantially in the form of the Landlord’s Release and Waiver attached hereto as Exhibit D and made a part hereof, in which Landlord: (i) acknowledges and agrees that the Trade Fixtures constitute the personal property of Tenant, and shall not be considered to be part of the Premises, regardless of whether or by what means they become attached thereto; (ii) agrees that it will not claim any interest in such Trade Fixtures; (iii) agrees that any equipment lessor may enter the Premises on or prior to the termination of the Lease for the purpose of exercising any right it may have under the provisions of any equipment lease, including the right to remove such Trade Fixtures, provided that such equipment lessor agrees to repair any damage resulting from such removal and under no circumstances shall be allowed to conduct a sale of the equipment from the Premises; and (iv) any such other provisions as may be common. Landlord subordinates any statutory landlord’s lien and any attachment for rent on the Trade Fixtures that Landlord may have or may hereafter acquire.
e. Tenant may install, operate and maintain rooftop satellite communication equipment (Satellite Equipment) on the roof of the Shopping Center above the Premises for use by Tenant in the Premises; provided, however, Tenant shall be required to utilize Landlord’s roofing contractor to the extent required to preserve any applicable roof warranties with respect to any work relating to the puncture or penetration of the roof or attaching any items to the roof. Tenant shall be solely responsible for the installation of the Satellite Equipment and shall, as a condition to installing and maintaining the Satellite Equipment and at Tenant’s sole cost and expense, secure all necessary consents and approvals from all applicable governmental authorities to construct, operate and maintain the Satellite Equipment. Tenant agrees to locate and screen all cables and other equipment and facilities connecting the Satellite Equipment to the Premises in locations reasonably designated by Landlord. Tenant agrees to indemnify, defend and hold harmless Landlord from and against all losses, damages, costs and expenses arising from or relating to the installation, maintenance and repair of the Satellite Equipment, and the Satellite Equipment shall be considered part of the Premises for purposes of Tenant’s maintenance, indemnity and insurance obligations under this Lease. All such equipment shall be installed and maintained by Tenant in good repair and working condition, in accordance with applicable laws, ordinances, rules and regulations and in compliance with the requirements of the insurers of the Shopping Center. Tenant shall pay all taxes of any kind or nature whatsoever levied upon the Satellite Equipment and all charges, expenses and other costs of any nature whatsoever relating to the installation, ownership, maintenance and operation of the Satellite Equipment. The installation and operation of the Satellite Equipment shall not interfere with the safety or operation of the Shopping Center nor cause any labor dispute, nor shall the Satellite Equipment interfere with the communications facilities of any other tenant of the Shopping Center. Upon expiration or earlier termination of this Lease, Tenant shall remove all of the Satellite Equipment and shall be responsible for the repair, painting, and/or replacement of the roof system building surface to which the Satellite Equipment is attached.
f. Tenant will not be permitted to install and/or maintain any sales areas or other features in the Common Areas without the express written consent of Landlord. Notwithstanding the foregoing, the Tenant may install, one or more: cart corrals,; outdoor bicycle racks, and, picnic, or similar tables all at locations to be mutually acceptable to the Landlord and Tenant
Appears in 2 contracts
Sources: Shopping Center Lease, Shopping Center Lease (Natural Grocers by Vitamin Cottage, Inc.)
Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) which cost in excess of $10,000.00 per project without the prior written consent of Landlord which shall not be reasonably withheld. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner erect such shelves, makebins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or procure improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the making ofproperty of Tenant during the Term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises, provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and additions shall be delivered up to the Airframe Landlord with the Premises. All shelves, bins, machinery and Engines as trade fixtures installed by Tenant may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements removed by Tenant prior to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageLease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this Lease or upon earlier vacating of the Airframe or Premises if required by Landlord; upon any such Engineremoval Tenant shall restore the Premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in good workmanlike manner so as not to pay directly for any alteration, modification or addition to damage the Aircraft or to reimburse Sublessee for primary structure of structural qualities of the cost thereof. Any buildings and other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedimprovements situated on the Premises.
Appears in 2 contracts
Sources: Lease Agreement (Intracel Corp), Lease Agreement (Intracel Corp)
Alterations. Sublessee shall at its own expense, make, or procure the making of, such not make any alterations and modifications in and additions to the Airframe Subleased Premises without the consent of Prime Landlord and Engines as Sublessor, which consent may be required from time to time to meet the standards of the Aviation Authority granted or any Government Entity having jurisdiction withheld in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturertheir sole discretion. In addition, Sublessee may, at without further notice to or approval of Sublessor or Prime Landlord, install and maintain data and voice cabling required by Sublessee in order to utilize the Subleased Premises for its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for intended use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained accordance with plans previously approved by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, (which consent shall approval will not be unreasonably withheld withheld, conditioned or delayed) and may change the locks as discussed below. If Sublessee’s telecommunications provider installs telecommunications equipment and/or related connecting equipment (i.e., cables, conduits, inner ducts and connecting hardware) in the building in connection with the provision of telecommunications services to Sublessee (collectively, the “Telecommunications Equipment”), then: (a) immediately following the installation of same, throughout the Term and following the expiration or earlier termination of this Sublease, all such Telecommunications Equipment shall be properly labeled (identifying both the service provider and Sublessee) at Sublessee’s sole cost and expense; and (b) at the expiration or earlier termination of this Sublease, Sublessee shall, at Sublessee’s sole cost and expense, without liens, cause all such Telecommunication Equipment to be removed from the Building. Any such property not so removed within thirty (30) days after the expiration or earlier termination of this Sublease may, at Sublessor’s sole option: (i) be removed and stored by Sublessor at Sublessee’s expense; or (ii) become the property of Sublessor without compensation to Sublessee. Sublessee shall, at its sole cost and expense, repair all damage caused by the installation, operation and/or removal of the Telecommunications Equipment. If Sublessee fails to repair any such damage, Sublessor may, in its sole discretion, repair such damage and Sublessee shall, within thirty (30) after Sublessor’s written request for payment, reimburse Sublessor for all costs and expenses reasonably relating to such damage. Sublessee may make alterations to the Subleased Premises only in accordance with Paragraph 12 of the Prime Lease.
Appears in 2 contracts
Sources: Sublease (Audentes Therapeutics, Inc.), Sublease (Audentes Therapeutics, Inc.)
Alterations. Sublessee shall Except for the Tenant Improvements, Tenant will not make any alterations, additions or improvements to the Premises (including, but not limited to, roof and wall penetrations without the prior written consent of Landlord (not to be unreasonably withheld, or delayed). Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner, makeerect such shelves, bins, machinery, movable lab benches, equipment, trade fixtures (defined as any fixtures used by Tenant in its specific business and not paid for by Landlord) and other non-structural interior improvements as it may deem advisable, without altering the basic character or structure of the Premises or improvements and without overloading or damaging the Premises or Building, and in each case complying with all Applicable Laws. Tenant will not make any alterations, additions or improvements to the Premises which will contravene Landlord’s policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or procure which will prevent Landlord from securing such policies in companies reasonably acceptable to Landlord. If any such alterations, additions or improvements cause the making of, such alterations and modifications in and additions rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the Airframe and Engines as may be required minimum rate from time to time applicable to meet the standards Premises for permitted uses thereof (as reasonably documented by Landlord), Tenant will pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. Within thirty (30) days receipt of reasonable documentation from Landlord following the completion of any alteration, addition, or improvement at the Premises by Tenant that requires the prior consent of Landlord, Landlord will be reimbursed for any reasonable outside consultant or design professional costs actually incurred by Landlord to review any plans or supervise construction work (not to exceed the lesser of $1,500.00 or 5% of Tenant’s “hard” construction costs). No such reimbursement will be required for any alteration, addition or improvement that does not require the consent of Landlord. Any and all alterations, additions, improvements, partitions and fixtures erected by Tenant will be the property of Landlord and will remain at the Premises upon termination of the Aviation Authority Lease or upon earlier vacating of the Premises. All shelves, bins, machinery, trade fixtures, and other interior non-structural improvements installed by Tenant will remain the personal property of Tenant and may be removed by Tenant prior to the termination of this Lease provided such removal may be accomplished without damage to the Premises or Building that cannot be repaired by Tenant as set forth in this subparagraph. Prior to vacating the Premises, Tenant will repair any damage to the Premises or Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, or any Government Entity having jurisdiction in Tenant Party. Should Tenant fail to conduct any countrysuch repair within ten (10) days of written notice from Landlord, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee Landlord may, at its own expenseoption, from time perform same, and Tenant will remit payment to timeLandlord for the actual cost and expense incurred by Landlord in effecting such repair promptly upon demand. Tenant will have no authority, makeexpress or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or procure in any manner to bind, the making of, such alterations and modifications interest of Landlord in and additions including the making Premises or to charge the rentals payable hereunder for any claim in favor of any improvements person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim will affect and each such lien will attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Airframe Premises at the request of Tenant on which any lien is or any Engine as Sublessee may deem desirable can be validly and legally asserted against its leasehold interest in the proper conduct Premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of its businessasserted claims or liens against the leasehold estate or against the right, including, removal title and interest of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use Landlord in the Airframe Premises or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by under the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedLease.
Appears in 2 contracts
Sources: Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc)
Alterations. Sublessee Tenant shall at its own expensemake no alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe Premises (whether structural or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Partsnon-structural) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessorwithout Landlord's prior written consent, which consent may be withheld for any reason. If any alteration, addition or improvement is made by Tenant without such consent, Landlord shall have the right to require Tenant to remove the same at any time during the Term. If Tenant shall request Landlord's consent for any alterations, additions or improvements, then Tenant shall submit detailed plans, specifications and an itemized budget for making such alterations, additions or improvements. Landlord may impose any conditions to any consent as Landlord shall in its discretion deem to be necessary or advisable, including without limitation the hours when work may be performed. Any approved alteration, addition or improvement shall be made only by contractors or mechanics approved by Landlord. Tenant shall provide Landlord with as-built plans and specifications for any alterations, additions or improvements. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, regulations, permits and requirements of any insurance rating bureau used by insurers selected to carry Landlord's insurance, and of any similar body. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use on the Premises, which claims are or may be secured by any mechanics or materialmen's lien against the Premises or any interest therein. If Tenant shall, in good faith, contest the validity of any such lien, claim or demand, then Tenant shall, at its sole expense defend and protect itself, Landlord, and the Premises against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Landlord or the Premises. In addition, Landlord may require Tenant to pay Landlord's attorneys' fees and costs in participating in such action if Landlord shall decide it is to its best interest to do so. Before commencing any work, Tenant shall give Landlord at least ten (10) days written notice of the proposed commencement of such work and shall, if required by Landlord, secure at Tenant's own cost and expense, a completion and lien indemnity bond satisfactory to Landlord for said work and such other comprehensive general public liability insurance, builders risk insurance, and other such insurance coverages so as to protect the insurable interests of Landlord, Tenant, contractors and subcontractors in amounts and on forms as may be requested by Landlord. Landlord may enter upon the Premises, in such case, for the purpose of posting appropriate notices, including, but not be unreasonably withheld or delayedlimited to, notices of non-responsibility.
Appears in 2 contracts
Sources: Office Building Lease (Maxim Pharmaceuticals Inc), Office Lease Agreement (Maxim Pharmaceuticals Inc)
Alterations. Sublessee All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall at its own expense, make, or procure become the making of, such alterations property of Landlord and modifications in shall remain upon and additions to be surrendered with the Airframe and Engines leased premises as may be required from time to time to meet a part thereof on the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4lease. Such alterations, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgageadditions, and shall forthwith improvements may only be deemed Part of made with the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. If consent is granted for the making of improvements or delayedalterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the leased premises, in connection with the making of such improvements or alterations. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made. Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon termination of this lease, Tenant shall remove or cause to be removed from the roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and condition, natural deterioration only excepted. Any damage caused by the installation or removal of trade fixtures shall be repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be made in good and workmanlike manner.
Appears in 2 contracts
Sources: Commercial Lease (United Oilfield Services Inc), Commercial Lease (Penge Corp)
Alterations. Sublessee (a) Tenant will not make or suffer to be made any alterations, additions or improvements in excess of $5,000.00 excluding the initial Tenant Improvements (collectively “Alterations”) to or upon the Premises, the Building, or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord’s written approval. Tenant will provide Landlord with three detailed drawings of Tenants desired Alterations for approval prior to any Alterations being started. When approved, Landlord will return one copy of the drawings to Tenant with Landlords signature of approval. Any Alterations to or upon the Premises shall be made by Tenant, at its own Tenant’s sole cost and expense, makeprovided that any architect and or contractor selected by Tenant to make the same shall be subject to Landlord’s reasonable prior written approval. All Alterations which are permanent in character, including wiring for phone, computer, cabling, or procure other networks, made in or upon the making ofPremises either by Tenant or Landlord, may at the option of Landlord, become Landlord’s property and, at the end of the term or any extension hereof, shall remain on the Premises without compensation to Tenant, unless Landlord request that Tenant remove any such alterations Alterations. Notwithstanding the above, Tenant’s work stations, trade fixtures, furniture, equipment, telecommunications, data and modifications in network equipment and additions switches and other items of personal property brought onto the Premises shall not constitute Alterations hereunder and shall remain Tenant’s property upon the expiration or earlier termination of this Lease.
(b) All Alterations shall, when completed, be of such a character as not to lessen the Airframe and Engines value of the Premises or such improvements as may be required from time located thereon. Any Alterations shall be made promptly and in a good workmanlike manner, and in compliance with all applicable permits, building and zoning laws, and with all other laws, ordinances, orders, rules, regulations and requirements of all applicable federal, state and municipal governments, departments, commissions, boards and offices. The costs of any such Alterations shall be paid by Tenant, such that the Premises be free of liens, for services performed, labor and material supplied or claimed to time have been supplied. Before any Alterations shall be commenced, Tenant shall pay any increase in premiums on insurance policies (provided for herein) or ensure adequate coverage is in place for all risks related to meet the standards construction of such. Alterations and the increased value of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedPremises.
Appears in 2 contracts
Sources: Commercial Triple Net Lease (Extend Health Inc), Commercial Triple Net Lease (Extend Health Inc)
Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, premises (including, removal of Parts (for purposes of this Clause 16.4without limitation, Obsolete Partsthe roof and wall penetrations) which Sublessee deems obsolete or no longer suitable or appropriate for use in without the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld for interior, non-structural alterations. 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 other trade fixtures as it may deem advisable, without altering the basic character of the building or delayedimprovements and without overloading or damaging such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if at such time Landlord so elects such alterations, additions, improvements and partitions but not Tenant's trade fixtures, shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and title shall pass to Landlord under this lease as by a ▇▇▇▇ of sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements within which the premises are situated. If Landlord shall consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to construction, provide such assurances to Landlord, (including, but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance) as Landlord shall require to protect Landlord against any loss from any mechanics', laborers' or materialmen's liens, or other liens.
Appears in 1 contract
Alterations. Sublessee Section 1. Tenant shall not make or cause to be made any alterations, additions or improvement to the leased premises without the prior written approval of Landlord. Tenant shall present to Landlord plans and specifications for such work at the time approval is sought.
Section 2. All alterations, decorations, additions and improvements made by Tenant shall be deemed to have attached to the leasehold and to have become the property of Landlord upon such attachment; upon expiration of this Lease or any renewal term thereof, Tenant shall not remove any of such alterations, decorations, additions and improvements, except that trade fixtures installed by Tenant may be removed, if all rents and other charges due herein are paid in full and Tenant is not otherwise in default hereunder; provided, however, that Landlord may designate by written notice to Tenant those alterations and additions which shall be removed by Tenant at the expiration or termination of the Lease and Tenant shall promptly remove the same and repair any damages to the leased premises caused by such removal or shall reimburse Landlord for the cost of repairing such damage.
Section 3. Landlord acknowledges that Tenant intends to construct a clean room in the high bay area of the leased premises and related items approved by Landlord. In the event Tenant elects to proceed with the construction of the clean room on the leased premises, Tenant, at its own sole cost and expense, makeshall design, or procure construct, repair and restore the making of, such alterations clean room in accordance with plans and modifications in and additions to the Airframe and Engines specifications (as they may be required from time amended by approved change orders, the "Tenant Plans") to time be submitted to meet Landlord for its approval. The Tenant Plans shall set forth in detail the standards requirements for the construction of the Aviation Authority or any Government Entity having jurisdiction clean room (the "Tenant Improvements") and shall include, but not be limited to, all necessary civil, architectural, structural, mechanical, electrical, design and documentation required for the Tenant Improvements and shall conform to all applicable laws, ordinances, building codes, and requirements of public authorities and insurance underwriters and shall be signed and sealed by a professional engineer and/or an architect, each licensed and registered in any country, state, county or other political subdivision the state in or over which the Aircraft is flown or leased premises are located and each maintaining errors and omissions insurance coverage in the FAA amount of at least $500,000. Tenant agrees to design and any mandatory or recommended service bulletins of construct the ManufacturerTenant Improvements in accordance with the Tenant Plans in a good and workmanlike manner, and in conformity with the construction guidelines provided by Landlord. In addition, Sublessee maya list of all contractors shall be submitted to Landlord for Landlord's approval, at its own expense, from time which approval shall not be unreasonably withheld. The Tenant's Plans are expressly subject to time, make, or procure the making ofLandlord's approval, such alterations and modifications in and additions including the making of any improvements approval not to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayed. Landlord shall review the Tenant's Plans and give Tenant a response regarding its approval of the same within fifteen (15) days after receipt thereof. If Landlord shall be dissatisfied in any material respect with the Tenant's Plans, Tenant shall promptly modify the same to the reasonable satisfaction of Landlord. Landlord's approval of the Tenant Plans shall not constitute a representation, warranty or agreement of, and Landlord shall have no responsibility or liability for the completeness or design sufficiency thereof or the compliance thereof with any laws, rules or regulations of any governmental or other authority. Tenant agrees that all materials to be used by it in construction of the Tenant Improvements shall be of good quality and Tenant shall not impair the structure or the roof of the building in which the leased premises is located in connection therewith. Tenant agrees that it shall cause the clean room to be designed, constructed and completed in an orderly, clean and safe manner and that while the construction work is being performed, Tenant and its contractors shall provide builder's risk insurance coverage with Landlord as a named insured, which insurance coverage shall meet the criteria reasonable prescribed by Landlord. In the event that Tenant shall fail, for any cause, to complete the clean room on or before the Commencement Date, Landlord shall not be subject to any liability therefore nor shall such failure effect the validity of this Lease and Tenant's obligations hereunder, including Tenant's obligation to commence the term of the Lease and to pay rent and other sums due hereunder. Tenant will keep the leased premises free of liens of any sort and will hold Landlord harmless from any liens which may be placed on the leased premises. In the event a construction or other lien shall be filed against the leased premises or Tenant's interest therein as a result of any work undertaken by Tenant or its employees, agents, contractors or subcontractors, or as a result of any construction, repairs or alterations made by or any other act of Tenant or its employees, agents, contractors or subcontractors, Tenant shall, within twenty (20) days after receiving notice of such lien, discharge such lien either by payment of the indebtedness due the lien claimant or by filing a bond (as provided by statute) as security for the discharge of such lien provided such lien is not the result of Landlord's failure to release funds received as Improvement Rent. In the event Tenant shall fail to discharge such lien, Landlord shall after have the right to procure such discharge by filing such bond, and Tenant shall pay the cost of such bond to Landlord on demand as additional. Landlord may designate by written notice to Tenant that all or any portion of the clean room and any other alterations, additions, improvements and fixtures made by or for Tenant, shall be removed by Tenant at the expiration or termination of the Lease and Tenant shall promptly remove the same and restore and repair any damage to the leased premises caused by such removal.
Section 4. In the event Tenant receives a bona fide offer from a third party to construct the Tenant Improvements (the “Proposed Construction Agreement”) which Construction Agreement Tenant desires to accept, Tenant shall give Landlord written notice of the Proposed Construction Agreement, including a description of the terms and conditions contained therein, and Landlord shall have the first right to construct the Tenant Improvements upon the same terms and conditions as set forth in the Proposed Construction Agreement. Landlord's election must be made by delivery of written notice to Tenant within three (3) business days after receipt of notice of the Proposed Construction Agreement from Tenant, and upon such exercise, Landlord and Tenant shall have an additional ten (10) days in which to enter into a binding construction agreement upon the terms set forth in the Proposed Construction Agreement and otherwise acceptable to Landlord and Tenant. In the event Landlord rejects the Proposed Construction Agreement, fails to accept the Proposed Construction Agreement within the three (3) day period, or the construction agreement is not entered into between Landlord and Tenant within the said ten (10) day period, Tenant shall have the right to enter into the Proposed Construction Agreement, and upon entering into the Proposed Construction Agreement, Tenant's first right to construct the Tenant Improvements as provided herein shall expire. Notwithstanding anything in this Article VII, Section 4 to the contrary, in the event that Tenant provides written notice to Landlord within sixty (60) days from the date of this Lease that it will use and does use pre-designed, pre-engineered modular clean rooms tested and certified to Federal Standards (FS 209E), Institute of Environmental Sciences (IES) Recommended Procedures, and ISO/FDIS (Clean Rooms and Associated Controlled Environment Standards), the option granted to Landlord in this Article VII, Section 4 will not apply.
Appears in 1 contract
Alterations. Sublessee Tenant shall at its own expense, make, in no event make or procure the making of, such alterations and modifications in and additions permit to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or made any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition substitution or removal other change of any nature to the mechanical, electrical, plumbing, HVAC , and sprinkler systems within or serving the Premises. After completion of Tenant's Improvements within the Premises, Tenant shall not make or permit any other improvements, alterations, fixed decorations, substitutions or modifications, structural or otherwise, to the Premises or the Building ("Alterations") without the prior written approval of 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 modification of carpeting, walls, partitions, counters, doors, shelves, lighting fixtures, hardware, locks, ceiling,
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 cosmetic changes, such as painting and carpeting, in which case Tenant shall provide Landlord with samples showing colors, styles, etc. Landlord shall have the right at its option, to make any Alterations on behalf of Tenant, and the cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such EngineAlterations, or impair the condition or airworthiness thereoftogether with Landlord's standard construction management fee, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part payable by Tenant as Additional Rent within thirty (30) days after receipt of the Airframe or such Enginean invoice for same from Landlord. Neither Owner Trustee, Lender nor Sublessor Tenant shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee 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. 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 the cost thereof, as Additional Rent, on demand. Any other alterations other than those In making any permitted according Alterations as well as in its use of the Premises, Tenant shall, at its sole expense, fully comply with all applicable federal, state and local laws, ordinances, and regulations, including the acquisition of permits and the payment of fees, as well as any requirements imposed by Landlord's insurer. Tenant shall save Landlord harmless for and on account of all charges or damages if it shall fail to Clause 16.5 require Sublessorcomply. To the extent that any additional improvements are required by law to be made to the Building as a result of Tenant's prior written consentAlterations, which consent all such improvements shall not be unreasonably withheld or delayedmade by Tenant at its sole cost and shall conform to plans and specifications approved by Landlord as aforesaid.
Appears in 1 contract
Sources: Maryland Multi Tenant Industrial Lease (Inphonic Inc)
Alterations. Sublessee A. Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner erect such shelves, makebins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or procure improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain property of Tenant during the making ofterm of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, to remove all alterations, additions, improvements and partitions erected by tenant and restore the Premises to their original condition by the date of termination of this lease or upon earlier vacating of the Premises, provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, provided, however, that if Landlord so elects, prior to termination of this Lease or upon earlier vacating of the Premises, such alterations alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and additions shall be delivered up to the Airframe Landlord with the Premises. All shelves, bins, machinery and Engines as trade fixtures installed by Tenant may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements removed by Tenant prior to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageLease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this Lease or upon earlier vacating of the Airframe or Premises if required by Landlord; upon any such Engineremoval Tenant shall restore the Premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under accomplished in good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the Premises.
B. Tenant shall remove any circumstances sumps and clarifiers and any related Hazardous Materials ("Hazardous Material" shall mean petroleum and petroleum products, asbestos, and PCB's and any "hazardous substances", "hazardous materials", or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Hazardous Materials Transportation Act, as amended, or the Resource Conservation and Recovery Act, as amended, those substances, materials and wastes which are defined and "hazardous wastes" or as "hazardous substances" in the Washington State Model Toxics Control Act, as codified at Chapter 70.105D, Revised Code of Washington, and "hazardous" or "toxic" in the regulations adopted or publication promulgated pursuant to pay directly for any alteration, modification of said laws) in or addition to about the Aircraft or to reimburse Sublessee for Premises and associates with Tenant's use and occupancy thereof upon the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedexpiration of ear▇▇▇▇ ▇ermination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Sparkling Spring Water Holdings LTD)
Alterations. (1) Sublessee shall have the right, at its own expensecost and expense to make all alterations, makedecorations, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines improvements as may be required from time to time to meet for the standards conduct of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable Sublessee's business in the proper conduct of its businessSublet Premises, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which except that Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alterationobtain the consent of the Sublessor to alterations, modification additions or addition to improvements in the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, Sublet Premises (which consent shall the Sublessor agrees will not be unreasonably withheld or delayed), provided that the Sublessor shall not withhold its consent to the following alterations to be performed by the Sublessee to the Sublet Premises:
a) Relocation of partitions and doors;
b) Relocation and/or installation of additional electrical and telephone outlets;
c) carpet, paint and wallcovering;
d) installation of signs on the entrance to the Sublet Premises and outside the Building in accordance with Section 22 of this Sublease; and
e) construction of "break room" consisting of a sink, dishwasher, microwave oven and vending machines provided Sublessee shall obtain the consent of the Underlying Landlord if such consent is required pursuant to the terms of the Underlying Lease. Sublessee shall comply in the performance of such work with all laws, ordinances, rules and regulations of all governmental authorities having jurisdiction over the Sublet Premises.
(2) Sublessor represents and warrants to Sublessee that Sublessor is not under any duty, as a Tenant under the Underlying Lease, to make alterations to the Premises in order to restore the Premises to the condition into which the Premises are to be put to comply with the requirement of the Underlying Lease relating to Sublessor's surrender of the Premises at the expiration of the term of the Underlying Lease.
(3) All articles of personal property and all business and trade fixtures, machinery, equipment, furniture and movable partitions owned by the Sublessee or installed by the Sublessee at its expense in the Sublet Premises shall be and remain the property of the Sublessee and may be removed by the Sublessee at any time during the term of this Sublease provided that Sublessee shall repair any damage caused by said removal and shall deliver the Sublet Premises to Sublessor broom clean and in substantially the same condition as upon commencement of the term hereof, reasonable wear and tear excepted, except however, Sublessee shall not be required to remove any alteration, including any structural alteration it may have been allowed to make pursuant to the terms of the Underlying Lease, or with the consent of the Underlying Landlord (unless required by the terms of such consent).
Appears in 1 contract
Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the premises without the prior written consent of Landlord. Tenant at its own cost and expense, makemay erect such shelves, bins, furniture, machinery, liquid nitrogen piping and associated equipment (including a tank and compressor outside the Building), alternate fire suppression system and other trade fixtures as it desires, provided that (i) such items do not alter the basic character of the Premises or procure the making ofBuilding, (ii) such alterations and modifications in and additions items do not overload or damage the Building or any Building systems, (iii) such items may be removed without injury to the Airframe Premises, and Engines as may (iv) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. Tenant shall be required from time to time to meet responsible for the standards compliance of the Aviation Authority or any Government Entity having jurisdiction in any countryall of its alterations, state, county or other political subdivision in or over which the Aircraft is flown or the FAA additions and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe Premises with the Americans With Disabilities Act of 1990 and the Texas Architectural Barriers Act. Except for removable furniture, fixtures and equipment, raised computer floor(s), cubical furniture, liquid nitrogen piping and associated equipment (including outside tank and compressor), alternate fire suppression system and de-mountable interior wall panels, all alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Landlord immediately upon installation. All shelves, bins, furniture, machinery, liquid nitrogen piping and associated equipment (including exterior tank and compressor), raised computer floor(s), cubical furniture, alternate fire suppression system(s) and removable trade fixtures installed by Tenant shall be the Property of Tenant and shall be removed by Tenant on or any Engine as Sublessee may deem desirable in before the proper conduct earlier to occur of its business, including, removal the day of Parts (for purposes termination or expiration of this Clause 16.4Lease or vacating the Premises, Obsolete Partsat which time Tenant shall restore the Premises to the condition which existed as of the completion of the Interior Improvements [specifically excluding liquid nitrogen piping and associated equipment (including exterior tank and compressor) which Sublessee deems obsolete or no longer suitable or appropriate for use and alternate fire suppression system(s)], reasonable wear and tear excepted. All alterations, installations, removals and restorations shall be performed in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, a good and workmanlike manner so as not to damage or alter the fundamental nature primary structure or structural qualities of the Aircraft as Building or other improvements situated on the Premises or of which the Premises are a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedpart.
Appears in 1 contract
Alterations. Sublessee Tenant and Subtenant acknowledge that any additions, alterations, demolitions or improvements to be performed in connection with the Sublease shall at its own expense, make, or procure be first approved by Landlord in accordance with the making of, such alterations Lease and modifications in and additions subject to the Airframe and Engines as may be required from time to time to meet the standards all of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA terms and any mandatory or recommended service bulletins conditions of the ManufacturerLease. In additionWithout limitation, Sublessee may, at its own expense, from time Landlord acknowledges that Subtenant plans to time, make, or procure install new carpet and paint throughout the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner TrusteeSubleased Premises, subject to Landlord’s approval in accordance with the MortgageLease and subject to all of the terms and conditions of the Lease, and shall forthwith be deemed Part subject to Sublandlord’s approval in accordance with the Sublease and subject to all of the Airframe terms and conditions of the Sublease. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans in connection with the Sublease, as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour for senior staff and $100.00 per hour for junior staff, plus (ii) third party expenses incurred by Landlord to review such Engineplans and work. Neither Owner TrusteeUpon the expiration or earlier termination of the Sublease, Lender nor Sublessor at Landlord’s option, Tenant and Subtenant shall at their expense remove all such additions, alterations and improvements and restore the Premises to its original condition. All contractors, vendors and service providers requiring access to the Subleased Premises or the Building shall be required under subject to Landlord’s prior and continuing review and approval with respect to insurance, security and operational matters. Solely between Tenant and Subtenant, the provisions of the Sublease (including without limitation Section 17) shall control and determine their respective responsibility for removal or restoration of any circumstances to pay directly for any alteration, modification improvement or addition to alteration in the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedSubleased Premises.
Appears in 1 contract
Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner erect such shelves, makebins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or procure improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the making ofproperty of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and additions shall be delivered up to the Airframe Landlord with the premises. All shelves, bins, machinery and Engines as trade fixtures installed by Tenant may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements removed by Tenant prior to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgagelease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this lease or upon earlier vacating of the Airframe or premises if required by Landlord; upon such Engineremoval Tenant shall restore the premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in good workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural qualities of the Aircraft or to reimburse Sublessee for buildings and other improvements situated on the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedpremises.
Appears in 1 contract
Sources: Lease Agreement (Aetrium Inc)
Alterations. Sublessee (a) Tenant shall make no alterations or changes, structural or otherwise, to any part of the Premises, either exterior or interior, without Landlord’s written consent. In the event of any such approved changes, Tenant shall have all work done at its own expense. Request for such consent shall be accompanied by plans stating in detail precisely what is to be done. Notwithstanding the foregoing to the contrary, makeTenant may make non-structural, cosmetic alterations to the interior of the Premises with Landlord’s written consent which shall not be unreasonably withheld. Tenant shall comply with the building codes, regulations and laws now or procure hereafter to be made or enforced in the municipality, county and/or state, which pertain to such work. Any additions, improvements (made after the initial improvements to the Premises), alterations and/or Installations made by Tenant (except only office furniture, business equipment and trade fixtures including, but not limited to, wet laboratories, cabinetry, benches and scientific equipment; provided Tenant shall repair any damage to the Premises upon removal of same) shall become and remain a part of the Building and be and remain Landlord’s property upon the termination of Tenant’s occupancy of said Premises; provided, however, Landlord shall notify Tenant, at the time Tenant requests Landlord’s approval to make alterations, that Landlord will or will not require Tenant to remove the proposed alterations from the Premises upon the expiration or earlier termination of this Lease. If Landlord requires Tenant to remove such alterations as aforesaid, Tenant shall remove same, repair any damage to the Premises upon removing same, and restore the Premises to the condition the Premises were in upon delivery of same to Tenant, at Tenant’s sole cost and expense, ordinary wear and tear and damage due to casualty not required to be repaired by Tenant excepted. Tenant shall save Landlord harmless from and against all expenses, liens, claims or damages to either property or person which may or might arise by reason of the making ofof any such additions, such improvements, alterations and/or installations. Landlord reserves the right, subject to Articles 22 and modifications in and additions 52, to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority change, increase or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expensereduce, from time to time, makethe number, composition, dimensions or procure the making of, such alterations and modifications in and additions including the making location of any improvements parking areas, signs, the Building name, service areas, walkways, roadways or other common areas or make alterations or additions to the Airframe Building, in its sole discretion. Landlord’s approval of Tenant’s plans and specifications under this Article 9 or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes other provisions of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete Lease is solely for the purpose of ascertaining whether Tenant’s proposed alterations will have an adverse impact on the structural components or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature Common Facilities of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish Building and to insure the value or utility aesthetic and architectural harmony of the Airframe or any such Engine, or impair Tenant’s proposed alterations with the condition or airworthiness thereof, below remainder of the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required Building. No approval of plans by Landlord shall be deemed to be maintained a representation or warranty by Landlord that such plans or the terms of this Agreement. Title to all Parts incorporated work provided for therein will comply with applicable codes, laws or installed regulations or be in conformance with any insurance or attached other requirements which affect the Premises or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageBuilding, and Tenant shall forthwith be deemed Part have the sole responsibility of the Airframe or complying with all such Enginerequirements notwithstanding Landlord’s approval of Tenant’s plans.
(b) NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT UPON CREDIT, AND THAT NO MECHANICS’ OR OTHER LIEN FOR ANY SUCH LABOR OR MATERIALS SHALL ATTACH TO OR AFFECT THE ESTATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE BUILDING. Neither Owner TrusteeWHENEVER AND AS OFTEN AS ANY LIEN ARISING OUT OF OR IN CONNECTION WITH ANY WORK PERFORMED, Lender nor Sublessor shall be required under any circumstances to pay directly for any alterationMATERIALS FURNISHED OR OBLIGATIONS INCURRED BY OR ON BEHALF OF TENANT SHALL HAVE BEEN FILED AGAINST THE PREMISES OR THE BUILDING, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentOR IF ANY CONDITIONAL B▇▇▇ OF SALE SHALL HAVE BEEN FILED FOR OR AFFECTING ANY MATERIALS, which consent shall not be unreasonably withheld or delayedMACHINERY OR FIXTURES USED IN THE CONSTRUCTION, REPAIR OR OPERATION THEREOF, OR ANNEXED THERETO BY TENANT, TENANT SHALL FORTHWITH TAKE SUCH ACTION BY BONDING, DEPOSIT OR PAYMENT AS WILL REMOVE OR SATISFY THE LIEN OR CONDITIONAL B▇▇▇ OF SALE WITHIN TEN (10) DAYS OF LANDLORD’S WRITTEN REQUEST THEREFOR.
Appears in 1 contract
Sources: Lease (Seracare Life Sciences Inc)
Alterations. Sublessee Tenant shall at its own expensemake no alterations, makedecorations, additions or procure the making of, such alterations and modifications improvements in and additions or to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require SublessorPremises without Landlord's prior written consent, which consent and then only by contractors or mechanics approved by Landlord. All such work shall not be unreasonably withheld done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by or delayedpursuant to the direction and instruction of Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and of any similar body. Before commencing any work, Tenant shall give Landlord at least twenty-one (21) days written notice of the proposed commencement of such work and shall, if required by Landlord, secure at Tenant's own cost and expense, a completion and lien indemnity bond, satisfactory to Landlord, for said work. Landlord shall have the right at all times to post notices of non-responsibility on the Premises and record verified copies thereof in connection with all work of any kind upon the Premises. The complete set of construction documents outlining proposed interior improvements shall be furnished to Landlord before the construction commences. An executed copy of the final building permit shall be provided to Landlord before the notice of non-responsibility shall be removed from the Premises. All alterations, decorations, additions or improvements upon the Premises, made by Tenant, including without limitation wall coverings, draperies, floor coverings, built-in cabinet work, paneling and the like (but excluding Tenant's trade fixtures, if any, equipment and furnishings) shall become the property of Landlord upon expiration or sooner termination of this Lease, and shall remain upon and be surrendered with the Premises as part thereof, except that Landlord may, by written notice to Tenant, given at least thirty (30) days prior to the end of the term, require Tenant to remove all partitions, counters, railings and the like installed by or pursuant to the direction and instruction of Tenant, and Tenant shall repair the premises at Tenant's cost or, at Landlord's option, shall pay to Landlord all costs arising from such removal.
Appears in 1 contract
Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions improvements to the Airframe and Engines as may be required from time to time to meet the standards or of the Aviation Authority Premises or any Government Entity having jurisdiction in part thereof, nor attach any countryfixtures or equipment thereto, statewithout first obtaining Landlord's written consent. Any such alterations, county additions or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its businessPremises consented to by Landlord, includingif made by Landlord for Tenant, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, paid for by Tenant within ten (10) days after receipt of Landlord's statement therefor; and Tenant shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee Landlord for the cost thereofthereof plus 15% of the actual cost to reimburse Landlord for its overhead. Any At the option of the Landlord, all such alterations, additions and improvements shall become Landlord's property (including, but not limited to, any and all floor coverings, wall coverings, baseboards, doors, door fixtures, windows, skylights, walls, electrical wiring and switches, lights and light fixtures, plumbing, bathroom and/or kitchen fixtures, security and fire detection equipment, sprinklers, and all heating and/or air conditioning equipment, but excluding furniture, trade fixtures and other items, whether or not specifically mentioned above that are unattached and readily movable) and, at the end of the Lease Term, shall remain on the Premises without compensation to Tenant unless Landlord elects by written notice to Tenant to have Tenant remove same, in which event Tenant shall promptly restore the Premises to their condition prior to the installation of such alterations, additions and improvements. In any case, no alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentshall be made by Tenant which shall alter the basic structural soundness of the improvements, which consent shall not be unreasonably withheld penetrate exterior walls, windows, doors or delayedthe roof, or which, in Landlord's opinion, adversely affect any mechanical, electrical or plumbing systems of the Project.
Appears in 1 contract
Sources: Industrial Lease Agreement (Advanced Materials Group Inc)
Alterations. Sublessee Tenant shall at its own expensenot make any alterations, makeadditions or improvements to the Premises or penetrate any roof or exterior demising wall, or procure install any antenna, satellite dish, or any exterior structure, without the making ofprior written consent of Landlord, not to be unreasonably withheld. Any interior work to the Premises will also require the prior written consent of Landlord, unless work done is strictly aesthetic in nature, i.e. painting, picture hanging, etc. Alterations, additions, and improvements erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition upon Commencement Date by the date of termination of this Lease or upon earlier vacating of the Premises; provided however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations alterations, additions, and modifications in improvements shall become the property of the Landlord as of the date of termination of the Lease or upon earlier vacating of the Premises, and additions shall be delivered up to the Airframe Landlord with the Premises. However, any and Engines as may be required from time all non-structural alterations to time to meet the standards Premises per this Section 6 of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which Lease are the Aircraft is flown or the FAA and any mandatory or recommended service bulletins sole property of the ManufacturerTenant. In addition, Sublessee may. Tenant, at its own cost and expense, from time to timemay erect such shelves, makebins, machinery and trade fixtures as it desires provided that (a) such items do not alter the basic character of the Premises or procure the making of, building and/or improvements of which the Premises are a part; (b) such alterations and modifications in and additions including items do not overload or damage the making of any improvements same; (c) such items may be removed without injury to the Airframe Premises; and (d) the construction, erection or any Engine as Sublessee may deem desirable in installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord’s specifications and requirements. All shelves, bins, machinery, and trade fixtures installed by Tenant shall be removed on or before the proper conduct earlier to occur of its business, including, removal the date of Parts (for purposes termination of this Clause 16.4Lease or vacating the Premises, Obsolete Parts) at which Sublessee deems obsolete or no longer suitable or appropriate for use time Tenant shall restore the Premises to their original condition upon Commencement Date. All alterations, installations, removals and restoration shall be performed in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, a good and workmanlike manner so as not to damage or alter the fundamental nature primary structural qualities of the Aircraft as buildings and other improvements situated on the Premises or of which the Premises are a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedpart.
Appears in 1 contract
Alterations. Sublessee Tenant shall at its own expensemake no alterations, makeinstallations, additions, or procure improvements (herein collectively called "Alterations") in, or to, the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown Demised Premises or the FAA and any mandatory Building, structural or recommended service bulletins of the Manufacturer. In additionotherwise, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessorwithout Landlord's prior written consent. Tenant, at its sole cost and expense, must provide Landlord with a copy of the full mechanical and electrical plans for the floor (or floors) of the Demised Premises on which the Alterations are being made, revised by the Building architect and engineers, showing the Alterations proposed by Tenant for Landlord's approval. If any such Alterations are made without the prior written consent of Landlord, Landlord may correct or remove the same, and Tenant shall be liable for any and all expenses incurred by Landlord in the performance of such work. All Alterations shall be at Tenant's sole expense, shall comply with all laws, rules, orders, and regulations of governmental authorities having jurisdiction thereof, and shall be made at such times, and in such manner, as Landlord determines will not unreasonably interfere with the use of the Building by other Tenants and their respective demised premises. All Alterations shall be made only by such contractors or mechanics as are previously approved in waiting by Landlord. Such approval by Landlord shall not be unreasonably withheld or delayed. Approval of contractor(s) or mechanic(s) by Landlord shall be based upon the contractor(s) or mechanic(s) being properly licensed, their financial posture, experience, and past job performance. Tenant shall pay prevailing wages to all contractor(s) and mechanic(s). Unless stipulated otherwise by the Landlord at the time approval of improvements to be made is granted, Tenant shall not be required to remove any improvements made to the Premises. All Alterations to the Demised Premises, whether made by Landlord or Tenant, and whether at Landlord's or Tenant's expense, or the joint expense of Landlord and Tenant, shall be and remain the property of Landlord. Landlord, at the expiration of the Term or any renewal or extension thereof, may elect to require Tenant to remove all, or any part of, the Alterations made by the Tenant, subsequent to the Term Commencement Date, unless Landlord agrees in writing not to require the removal of an Alteration at the time Landlord consents to the Alteration. Removal of Tenant's Property and Alteration shall be at Tenant's sole cost and expense and Tenant shall, at its sole cost and expense, repair any damage to the Demised Premises or the Building caused by such removal. In the event Landlord does not so elect, and Tenant does not remove Tenant's Property, it shall become property of Landlord. In the event Tenant fails to remove Tenant's property or the Alterations requested to be removed by Landlord, on or before, the expiration of the Term or any extension or renewal thereof, then, and in such event, the Landlord may remove Tenant's Property and Alteration from the Demised Premises at Tenant's sole cost and expense, and the Tenant hereby agrees to reimburse the Landlord for the cost and expense of such removal, together with any and all damages which the Landlord may suffer and sustain by reason of the failure of Tenant to remove the same. Tenant further acknowledges that any violation of the foregoing requirement by Tenant will jeopardize Landlord's bond financing for the Building project of which the Demised Premises is a part and could likely cause Landlord to suffer and incur substantial monetary damage or injury for which Tenant would be solely and exclusively liable.
Appears in 1 contract
Alterations. Sublessee Subtenant shall at its own expense, make, or procure the making of, such only be permitted to make alterations and modifications in and additions improvements (“Alterations”) to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction Sublease Premises in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by accordance with the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to Section 4 of the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner TrusteeMaster Lease, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's Tenant’s prior written consent, which consent shall not be unreasonably withheld withheld, conditioned or delayed. If Subtenant obtains Master Lessor’s approval of any Alterations to the Sublease Premises, Tenant’s consent shall not be required provided Master Lessor releases Tenant from any and all liability associated with such Alterations. Tenant’s approval of an Alteration (including as set forth in this Section 8.2) shall not be a representation by Tenant that the Alteration complies with all applicable Requirements or will be adequate for Subtenant’s use. Notwithstanding anything to the contrary contained herein, Subtenant’s obligation to repair any damage caused by its removal of Subtenant’s trade fixtures, equipment, personal property and Alterations from the Sublease Premises shall extend only to restore to the Existing Condition, and, provided Master Lessor releases Tenant from any and all liability associated with such Alterations, Subtenant shall only be obligated to make such repairs to the extent Master Lessor requires the repairs. If Subtenant remains in the Sublease Premises with Landlord’s consent following Lease termination, Subtenant shall be relieved of any obligations to remove any items from the Sublease Premises on termination; provided, however, Subtenant shall remain financially liable to Tenant for the cost to return the Sublease Premises to the Existing Condition in the event that Tenant is held financially responsible to Master Lessor for returning the Property to Master Lessor in the condition set forth in the Master Lease. Subject to Master Lessor consent, Tenant hereby approves the following Alterations by Subtenant:
(a) Construction of offices and improvements shown on Exhibit “D” hereto;
(b) Installation of data and telephone communications cabling and equipment; and
(c) Installation of Subtenant’s manufacturing equipment.
Appears in 1 contract
Sources: Sublease Agreement (Exar Corp)
Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. If Landlord consents to Tenant's contractors doing the work, Landlord may require, at Landlord's sole option, that Tenant provide, at Tenant's expense, a lien and completion bond in an amount equal to 1-1/2 times any and all estimated costs of improvements, additions or alterations in the Premises to insure Landlord against any liability or mechanic's and materialmen's lien which may arise in accordance with Paragraph 23 of this Lease Agreement and to insure completion of the work. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner, makeerect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the Building or procure improvements and without overloading or damaging such Building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the making ofproperty of Tenant during the term of this lease; and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this lease or upon earlier vacating of the Premises, provided, however, that, if Landlord so elects, prior to termination of this lease or upon earlier vacating of the Premises, such alterations alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the Premises and additions shall be delivered up to the Airframe Landlord with the Premises. All shelves, bins, machinery and Engines as trade fixtures installed by Tenant may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements removed by Tenant prior to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4lease, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgageif Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this lease or upon earlier vacating of the Airframe or Premises if required by Landlord. Upon any such Engineremoval, Tenant shall restore the Premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in a good workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural qualities of the Aircraft or to reimburse Sublessee for Buildings and other improvements situated on the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedPremises.
Appears in 1 contract
Alterations. Sublessee Tenant shall at its own expensemake no alterations, makedecorations, additions or procure the making of, such alterations and modifications improvements in and additions or to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require SublessorPremises without Landlord's prior written consent, which consent and then only by contractors or mechanics approved by Landlord. All such work shall not be unreasonably withheld done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by or delayedpursuant to the direction and instruction of Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in full compliance with the rules, orders, directions, regulations and requirements of the Insurance Service Office, and of any similar body. Before commencing any work, Tenant shall give Landlord at least twenty-one (21) days written notice of the proposed commencement of such work and shall, if required by Landlord, secure at Tenant's own cost and expense, a completion and lien indemnity bond, satisfactory to Landlord, for said work. Landlord shall have the right at all times to post notices of non-responsibility on the Premises and record verified copies thereof in connection with all work of any kind upon the Premises., All alterations, decorations, additions or improvements upon the Premises, made by Tenant, including without limitation wall coverings, draperies, floor coverings, built-in cabinet work, paneling and the like (but excluding Tenant's trade fixtures, if any, equipment and furnishings) shall become the property of Landlord upon expiration or sooner termination of this Lease, and shall remain upon and be surrendered with the Premises as part thereof, except that Landlord may, by written notice to Tenant, given at lest thirty (30) days prior to the end of the term, require Tenant to remove all partitions, counters, railings and the like installed by or pursuant to the direction and instruction of Tenant, and Tenant shall repair the Premises ** Any items of alteration submitted by Tenant and approved by Landlord that require removal from premises upon expiration of lease shall be identified by Landlord at time of initial approval by Landlord.
Appears in 1 contract
Sources: Lease Agreement (Tickets Com Inc)
Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in premises (including but not limited to roof and wall penetrations) without the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld or delayed. 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 building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this Lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become of property of Landlord as of the date of termination of this Lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with premises. All shelves, bins, machinery and trade fixtures, installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the premises.
Appears in 1 contract
Sources: Lease Agreement (Winston Furniture Co of Alabama Inc)
Alterations. Sublessee 9.1 Tenant shall at its own expensenot make any alterations, makeadditions or improvements in or to the Premises or any part thereof, or procure the making ofattach any fixtures or equipment thereto, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessorwithout Landlord's prior written consent, which consent shall not be unreasonably withheld withheld. Notwithstanding the preceding sentence, Tenant may make such alterations, additions or delayedimprovements without Landlord's consent only if the total cost of such alterations, additions or improvements is fifty thousand dollars ($50,000) or less and such alterations, additions or improvements will not affect in any way the structural, exterior or roof elements of the Premises or mechanical, electrical, plumbing, utility or life safety systems of the Premises, but Tenant shall give prior written notice of any such alterations, additions or improvements to Landlord. In no event shall Tenant be permitted to install underground storage tanks (excepting a single 20,000 gallon water tank) or fuel systems on the Premises. Landlord's refusal to consent to the installation of an underground tank or fuel system shall be conclusively presumed to be reasonable. All alterations, additions and improvements in or to the Premises to which Landlord consents shall be made by Tenant at Tenant's sole cost and expense as follows:
(a) Tenant shall submit to Landlord, for Landlord's written approval, complete plans and specifications for all work to be done by Tenant. Such plans and specifications shall be prepared by the licensed architect(s) and engineer(s), shall comply with all applicable codes, laws, ordinances, rules and regulations, shall not adversely affect the structural elements of the Premises, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the Premises, and shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion.
(b) Landlord shall notify Tenant in writing, within fifteen (15) Business Days after Landlord's receipt of such plans and specifications, whether Landlord approves or disapproves such plans and specifications and, if Landlord disapproves such plans and specifications, Landlord shall describe the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for Landlord's prior written approval. Tenant shall pay all costs, including the fees and expenses of the licensed architect(s) and engineer(s), in preparing such plans and specifications.
(c) All changes in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approval. If Tenant wishes to make any such change in such approved plans and specifications, Tenant shall have such architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant in writing promptly whether Landlord approves or disapproves such change and, if Landlord disapproves such change, Landlord shall describe the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for such change for Landlord's written approval. After Landlord's written approval of such change, such change shall become part of the plans and specifications approved by Landlord.
(d) Tenant shall obtain and comply with all building permits and other governmental permits and approvals required in connection with the work. Tenant shall, through Tenant's licensed contractor, perform the work substantially in accordance with (i) the plans and specifications approved in writing by Landlord, (ii) the permits obtained by Tenant, and (iii) all applicable codes, laws, ordinances, rules and regulations. Tenant shall pay, as additional rent, the entire cost of all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the alterations, additions and improvements. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work.
(e) Tenant shall give written notice to Landlord of the date on which construction of any work will be commenced at least ten (10) days prior to such date. Tenant shall keep the Premises free from mechanics', materialmen's and all other liens arising out of any work performed, labor supplied, materials furnished or other obligations incurred by Tenant. Tenant shall promptly and fully pay and discharge all claims on which any such lien could be based or, in the event Tenant reasonably disputes the validity or amount of any such claim, Tenant may bond over such lien to Landlord's reasonable satisfaction. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord and the Premises from such liens, and to take any other action Landlord deems necessary to remove or discharge liens or encumbrances at the expense of Tenant.
9.2 All alterations, additions, fixtures and improvements, whether temporary or permanent in character, made in or to the Premises by Landlord or Tenant, shall become part of the Premises and Landlord's property excluding,
Appears in 1 contract
Sources: Purchase Agreement (Icg Funding LLC)
Alterations. Sublessee Tenant shall at its own expensenot make any alterations, makeadditions, partitions, or procure the making of, such alterations and modifications in and additions other improvements to the Airframe and Engines as may be required from time to time to meet Premises without the standards prior written consent of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the ManufacturerLandlord. In addition, Sublessee mayTenant, at its own cost and expense, from time to timemay erect shelves, makebins, machinery and trade fixtures as it desires as well as alterations, additions, partitions, or procure other improvements which have been specifically consented to in writing by Landlord, provided that (i) such items do not alter the making ofbasic character of the Premises or the building and/or improvements of which the Premises are a part, (ii) such alterations and modifications in and additions including items do not overload or damage the making of any improvements same, (iii) such items may be removed without injury to the Airframe Premises, and (iv) the construction, erection or installation thereof complies with all applicable governmental laws, codes, ordinances, regulations, or any Engine as Sublessee may deem desirable in the proper conduct of its businessother applicable authorities, including, removal without limitation, the Americans with Disabilities Act of Parts 1990 (for purposes the "ADA"), and with Landlord's details, specifications and other requirements, (v) any architectural, engineering, construction management, permits, inspections or other cost or fee required to assure compliance with conditions set forth in this Paragraph 6 shall be paid by Tenant promptly upon demand. All alterations, additions, partitions, or other improvements erected by Tenant shall be and remain the property of Tenant during the term of this Clause 16.4Lease; provided however, Obsolete Parts) at the termination of this Lease, Landlord shall have the option, exercisable in Landlord's sole discretion, to require Tenant either upon request to remove, at Tenant's sole cost and expense, all or part of each alterations, additions, partitions, or other improvements, at which Sublessee deems obsolete time Tenant shall promptly restore the Premises to its condition immediately prior to the commencement date, or no longer suitable to keep in place the same at which time such alterations, additions, improvements, and partitions shall become the property of Landlord. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or appropriate for use before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. All alterations, installations, removals and restoration shall be performed in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, a good and workmanlike manner so as not to damage or alter the fundamental nature primary structure or structural qualities of the Aircraft as buildings and other improvements situated on the Premises or of which the Premises are a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedpart.
Appears in 1 contract
Sources: Commercial Lease (Integrated Information Systems Inc)
Alterations. Sublessee Tenant shall not make any alterations or improvements to the Premises (including but not limited to roof and wall penetrations) without prior written consent of Landlord, which consent may be granted or denied in Landlord's sole discretion, and then only by contractors and in such manner and with such materials as may be approved by Landlord in Landlord's sole discretion. Notwithstanding the foregoing, Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner erect such shelves, makebins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the Building and without overloading or procure damaging the making ofBuilding and in each case complying 9 with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the Termination Date or upon earlier vacating of the Premises; provided however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the Termination Date or upon earlier vacating of the Premises and additions shall be delivered up to the Airframe Landlord with the Premises. All shelves, bins, machinery and Engines as trade fixtures installed by Tenant may be required from time removed by Tenant prior to time to meet the standards Termination Date if Tenant so elects, and shall be removed by the Termination Date or upon earlier vacating of the Aviation Authority or Premises if required by Landlord; upon any Government Entity having jurisdiction such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in any countrygood workmanlike manner so as not to damage the Building. Any such shelves, statebins, county machinery and trade fixtures or other political subdivision property of Tenant which shall remain in or over which the Aircraft is flown or Premises after the FAA and any mandatory or recommended service bulletins of the Manufacturer. In additionTermination Date, Sublessee may, at its own expensethe option of Landlord, from time be deemed to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgagehave been abandoned, and in such case such items may be retained by Landlord, without accountability and in such manner as Landlord shall forthwith be deemed Part determine, at Tenant's expense including all costs of the Airframe or selling, disposing, removing and storing such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedproperty.
Appears in 1 contract
Sources: Lease (Ecc International Corp)
Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in Premises (including but not limited to roof and wall penetrations) without the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. In the event Landlord consents to the making of any such alterations, additions or delayedimprovements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. 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 building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. Notwithstanding the foregoing sentence, all shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the Premises if required by Landlord. Upon any such removal Tenant shall restore the Premises to their original condition (normal wear and tear excepted). All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the Premises.
Appears in 1 contract
Alterations. Sublessee A. Tenant shall not make any alterations, additions or improvements to the premises including but not limited to roof and wall penetrations without the prior written consent of Landlord (13). Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner make such minor alterations, makeadditions or improvements or erect, remove or alter such partitions, or procure erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the making ofbasic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination or expiration of this lease; provided, however, that if Landlord so elects prior to termination or expiration of this lease, such alterations alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the date of termination or expiration of this lease and additions shall be delivered up to the Airframe Landlord with the premises. All shelves bins, machinery and Engines as trade fixtures installed by Tenant may be removed by Tenant prior to the termination or expiration of this lease if Tenant so elects, and shall be removed if required from by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the premises. (14)
B. Before commencing any work relating to alterations, additions and improvements affecting the premises, Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall then have the right at any time and rom time to time to meet post and maintain on the standards premises such notices as Landlord deems necessary to protect the premises and Landlord from mechanics' liens, materialmen's liens or any other liens. At any time Tenant either desires or is required to make any repairs, alterations, additions, improvements or utility installations pertaining to the premises, Landlord may require Tenant, at Tenant's sole cost and expense, to obtain and provide to Landlord a lien and completion bond in a form and by a surety acceptable to Landlord in an amount equal to the estimate cost of (15) such improvements, to insure Landlord against liability for mechanics' and materialmen's liens and to insure completion of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedwork.
Appears in 1 contract
Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the Premises including, but not limited to, roof and wall penetrations, without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own expensesole cost and expense and in a good workmanlike manner, makemake cosmetic and decorative improvements to the Premises and/or erect interior improvements such as shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the Premises or improvements and without overloading or damaging the Premises or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Tenant shall not make any alterations, additions or improvements to the Premises which will contravene Landlord's policies insuring against loss or damage by fire or other hazards, including but not limited to public liability, or procure which will prevent Landlord from securing such policies from companies acceptable to Landlord. If any such alterations, additions or improvements cause the making of, such alterations and modifications in and additions rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the Airframe and Engines as may be required minimum rate from time to time applicable to meet the standards Premises for permitted uses thereof, Tenant shall pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. All alterations, additions, improvements and partitions erected by Tenant shall be and remain on the property of Tenant during the term of this Lease, and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant by the date of termination of this Lease or upon earlier vacating of the Aviation Authority Premises; provided, however, that if Landlord so elects prior to termination of this Lease or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins upon earlier vacating of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making ofPremises, such alterations alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and additions including the making of any improvements shall be delivered up to the Airframe or any Engine as Sublessee Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may deem desirable in be removed by Tenant prior to the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageLease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this Lease or upon earlier vacating of the Airframe or Premises if required by Landlord; upon any such Engineearlier removal, Tenant shall restore the Premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayed.be
Appears in 1 contract
Sources: Lease Agreement
Alterations. Sublessee Landlord hereby consents to the design and construction of the Tenant Improvements, on the terms and subject to the conditions of EXHIBIT C. Tenant shall not make or permit any Alterations in, on or about the Premises without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Landlord, at its own sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, makea lien and completion bond in an amount equal to one and one‑half (1½) times any and all estimated costs of any intended Alterations to the Premises, or procure to insure Landlord against any liability for mechanics’ and materialmens’ liens and to insure completion of the work. Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense, in compliance with all Applicable Law, the Rules and Regulations and the CC&Rs, by a licensed contractor reasonably acceptable to Landlord, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. In the event that any Alteration made by Tenant necessitates the making of, such of other alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards interior or exterior of the Aviation Authority Building, the Outside Area, any path‑of‑travel or any Government Entity having jurisdiction in any countryelsewhere within the Project for purposes of complying with Applicable Law, stateTenant shall undertake such additional alterations at its sole cost and expense or shall, county or other political subdivision in or over which at Landlord’s option, reimburse Landlord for the Aircraft is flown or cost and expenses incurred with respect to such additional alterations required for purposes of complying with Applicable Law as a result of Tenant’s Alterations. All Alterations made by Tenant shall be and become the FAA and any mandatory or recommended service bulletins property of Landlord upon termination of the Manufacturer. In additionTerm and shall not be deemed Tenant’s Personal Property; provided, Sublessee however, that Landlord may, at its own option, at the time that Landlord grants consent therefor, require that Tenant, at Tenant’s expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements prior to the Airframe or any Engine as Sublessee may deem desirable in expiration of the proper conduct of its business, including, removal of Parts (for purposes Term of this Clause 16.4Lease, Obsolete Parts) which Sublessee deems obsolete remove any or no longer suitable or appropriate for use in all Alterations installed by Tenant and return the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature Premises to their condition as of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms Commencement Date of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alterationLease, modification or addition shall be vested in Owner Trustee, normal wear and tear excepted and subject to the Mortgageprovisions of Paragraph 25. Notwithstanding any other provisions of this Lease, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor Tenant shall be required under solely responsible for the maintenance and repair of any circumstances to pay directly for any alteration, modification or addition and all Alterations made to the Aircraft Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any work on the Premises at least twenty (20) days prior to the commencement of such work to enable Landlord to post and record an appropriate Notice of Nonresponsibility or to reimburse Sublessee for other notice deemed proper before the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedcommencement of any such work.
Appears in 1 contract
Alterations. Sublessee SECTION 17.1 Tenant shall at its own expense, make, not make any structural or procure the making of, such exterior alterations and modifications in and additions or improvements to the Airframe and Engines as may be required from time to time to meet Demised Premises without in each instance first obtaining Landlord's written consent. Tenant shall have the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee mayright, at its own expense, any time from time to time, makewithout Landlord's consent, to paint the interior of Demised Premises or procure any part of parts thereof, and to make any non-structural alterations, improvements or installations in, to or upon the making ofinterior of Demised Premises; provided, such however, that;
(i) Tenant shall have the right to make alterations and modifications in and additions including the making of any or improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature storefront of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require SublessorDemised Premises only with Landlord's prior written consent, which consent shall not be unreasonably withheld withheld, provided that the alteration or delayedimprovement is consistent with the appearance of the balance of the Shopping Center; and
(ii) No alteration, improvement, installation or addition made by Tenant shall endanger or impair the structure of, or decrease the value, utility or cubic area of, the Demised Premises.
SECTION 17.2 All alterations, improvements or installation made or doe by Tenant in, on or to the Demised Premises or any parts or facilities thereof shall be done in a good and workmanlike manner and in conformity with all statutes, ordinances, rules, regulations and requirements of public authorities and insurance inspection and rating bureaus having jurisdiction, and with all necessary governmental permits or authorities.
SECTION 17.3 Any and all alterations, improvements or installations made in , to or upon the Demised Premises by Tenant or Landlord (but not Tenant's furniture, lighting fixtures, trade fixtures and movable trade equipment, counters and shelving or signs installed by Tenant) shall, except as hereinafter provided, be surrendered with the Demised Premises as part thereof at the expiration or other termination of the term of this Lease. Tenant shall remove any such alterations, improvements or installations if Landlord shall require such removal by notice to Tenant at least 60 days prior to the Expiration Date. Tenant shall, upon the Expiration Date or sooner termination of this Lease, remove its said furniture, trade fixtures and trade equipment, counters, shelving, racking and signs, and Tenant shall have the right, at its option, to remove any such alterations, improvements, installations or interior additions from the Demised Premises upon the expiration or other termination (for reasons other than Tenant's default) of the term of this Lease, and, in such event, Tenant shall repair any and all damage to the Demised Premises caused by such removal and restore the Demised Premises to their condition prior to the making of the alterations, improvement or installation being removed, with the exception of floors.
SECTION 17.4 Tenant agrees to indemnify and save harmless Landlord against and from any and all claims for injury, loss or damage to person or property caused by or resulting from the work in connection with any alterations, improvements, installations or additions in, to or upon the Demised Premises made by Tenant or by anyone claiming under Tenant.
Appears in 1 contract
Sources: Assignment, Assumption, Consent to Assignment and Amendment of Lease (Clearview Cinema Group Inc)
Alterations. Sublessee shall at its own expenseTenant will not make any alterations, makeadditions, or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its businesspremises without landlord's prior written consent; however, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately landlord's prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to written consent will not be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly necessary for any alteration, modification addition, or addition improvement which:
(a) costs less than two thousand dollars ($2,000) including labor and materials;
(b) does not change the general character of the premises, or reduce the fair market value of the premises below its fair market value prior to the Aircraft alteration, addition, or improvement;
(c) is made with due diligence, in a good and workmanlike manner, and in compliance with the laws, ordinances, orders, rules, regulations, certificates of occupancy, or other governmental requirements described in paragraph 9;
(d) is promptly and fully paid for by tenant; and
(e) is made under the supervision of an architect or engineer reasonably satisfactory to reimburse Sublessee for landlord and in accordance with plans and specifications and cost estimates approved by landlord. Landlord may designate a supervising architect to assure compliance with the provisions of this paragraph, and if it does, tenant will pay the supervising architect's charges. Subject to tenant's rights in paragraph 14, all alterations, additions, fixtures, and improvements, whether temporary or permanent in character, made in or upon the premises by tenant, will immediately become landlord's property and at the end of the term of this lease will remain on the premises without compensation to tenant. By notice given to tenant no less than ninety (90) days prior to the end of this lease, landlord may require that any alterations, additions, fixtures, and improvements made in or upon the premises be removed by tenant. In that event, tenant will remove the alterations, additions, fixtures, and improvements at tenant's sole cost thereof. Any other alterations other than those permitted according and will restore the premises to Clause 16.5 require Sublessor's prior written consentthe condition in which they were before the alterations, which consent shall not be unreasonably withheld or delayedadditions, improvements, and additions were made, reasonable wear and tear excepted.
Appears in 1 contract
Sources: Single Tenant Building Lease (Gulf State Credit LLP)
Alterations. Sublessee After construction of the Building by Landlord and completion of fixtures and interior improvements by Tenant, Tenant shall at its own expensenot make alterations in or additions to the Building unless Tenant has obtained Landlord's written permission to do so, makeand subject to Tenant's not being in default hereunder and subject to furnishing Landlord with acceptable plans and specifications, the names and addresses of contractors, copies of contracts, necessary permits and indemnifications as requested by the Landlord and lien waivers as to any and all claims, costs, liabilities, and expenses which may arise in connection with said alterations or procure additions. As a further condition to Landlord's consent to said alterations or additions, Tenant shall advise all subcontractors, suppliers, materialmen, and laborers that they shall not have the making ofright to file a Mechanic's Lien against the Building and property owned by the Landlord. Whether the Tenant furnished the Landlord the foregoing or not, the Tenant hereby agrees to hold the Landlord harmless from any and all liabilities of every kind and description which may arise out of or be conducted in any way with said alterations or additions. Before commencing any work in connection with alterations or additions, the Tenant, if requested by Landlord, shall furnish the Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring the Landlord against any and all liabilities which may arise out of or be connected in any way with said additions or alterations. The Tenant shall pay the cost of all such alterations and modifications in additions and also the cost of decorating the Building occasioned by such alterations and additions. Upon completing any alterations or additions, the Tenant, if requested by Landlord, shall furnish the Landlord with contractors' affidavits and full and final waiver of lien and receipted bills covering all labor and material expended and used. All alterations and additions to the Airframe shall comply with all insurance requirements and Engines as may be required from time to time to meet the standards with all relevant laws, ordinances, or regulations of the Aviation Authority or any Government Entity having jurisdiction in any countrymunicipalities, counties, state, county or departments and agencies thereof. All alterations and additions shall be constructed in a good and workmanlike manner and only good grades of materials shall be used. All additions, excepting removable fixtures other political subdivision in than light fixtures, shall become the Landlord's property and shall remain upon the Building at the termination of this Lease by lapse of time or over otherwise without compensation or allowance or credit to the Tenant. If the Tenant does not remove the Tenant's fixed furniture, equipment, machinery, fixtures, and all other items of personal property of every kind and description from the Building prior to the end of the term, however ended, which the Aircraft Tenant does not have the right to remove if it is flown in default hereunder, then Tenant shall conclusively presumed to have conveyed the same to the Landlord under this Lease as a bill ▇▇ sale without further payment or credit by Landlord to the FAA and Tenant. All structural changes made by Tenant shall be restored to their original condition at the Tenant's expense if Landlord so requests. Tenant's violation of any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations terms and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes conditions of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal numbered paragraph 13 shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as constitute a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayeddefault hereunder.
Appears in 1 contract
Sources: Three Party Agreement (Urosurge Inc)
Alterations. Sublessee Tenant shall not make or allow to be made any alterations, installations, additions, or improvements in or to the Premises or install any equipment or machinery (other than standard office equipment and unattached personal property), without Landlord's prior written consent. Should Tenant desire to perform any alterations, Tenant shall submit plans and specifications for same to Landlord for Landlord's written approval before beginning such work. Upon receipt by Tenant of the written approval of Landlord of such plans and specifications, and upon payment by Tenant to Landlord of the reasonable fees incurred by Landlord to have such plans and specifications reviewed, Tenant may proceed to make such approved alterations so long as they are in compliance with such approved plans and specifications and are performed by a contractor approved by Landlord. Any and all such alterations, physical additions or improvements, including those improvements made at its own the Tenant's expense or under any agreement with the Tenant whereby the Tenant is given an allowance or rent reduction in exchange for Tenant's agreement to install or allow to be installed lease improvements, such as by way of example, but not limitation, wall coverings, floor coverings or carpet, paneling, doors, cabinets, appliances (such as refrigerators and dishwashers) and hardware, shall become the property of Landlord at the expiration or termination of this Lease or the termination of Tenant's right to possession of the Premises and shall in no event be removed by Tenant; provided, however, that Landlord may require Tenant, at Tenant's cost, to remove any or all of such items upon the expiration or termination of this Lease or the termination of Tenant's right to possession of the Premises and, at Tenant's expense, makerepair any damage caused by such removal. All installations shall be at Tenant's sole cost and expense. Without in any way limiting Landlord's consent rights, Landlord shall not be required to give its consent until (a) Landlord approves the contractor or person making such and approves such contractor's insurance coverage to be provided in connection with the work, (b) Landlord approves final and complete plans and specifications for the work and (c) the appropriate governmental agency, if any, has approved the plans and specifications for such work. All work performed by Tenant or its contractor relating to the Installations shall conform to applicable governmental laws, rules and regulations, including, without limitation, the Disability Acts. Upon completion of the installations, Tenant shall deliver to Landlord "as built" plans. If Landlord performs such installations, Tenant shall pay Landlord, as additional Rent, the cost thereof plus fifteen percent (15%) as reimbursement for Landlord's overhead. Each payment shall be made to Landlord within ten (10) days after receipt of an invoice from Landlord. All work performed by Tenant with respect to the Premises shall (a) be performed so as not to alter the exterior appearance of the Building, (b) be performed so as not to adversely affect the structure or safety of the Building, (c) comply with all building, safety, fire, and other codes and governmental and insurance requirements, (d) be performed so as not to result in any usage in excess of Building Standard quantities of water, electricity, gas, heating, ventilating, or procure the making ofair-conditioning (either during or after such work) unless prior written arrangements reasonably satisfactory to Landlord are made with respect thereto, (e) be completed promptly and in a good and workmanlike manner and in a quality equivalent to Building Standard, (f) be performed at Tenant's expense and at such alterations times and modifications in and additions to the Airframe and Engines such manner as Landlord may be required designate from time to time to meet insure minimum disruption to other tenants in the standards Building, and (g) be performed in such a manner that no valid mechanic's, materialman's, or other similar liens be attached to Tenant's leasehold estate and in no event shall Tenant permit, or be authorized to permit, any such liens (valid or alleged) or other claims to be asserted against Landlord or Landlord's rights, estates, and interests with respect to the Project or this Lease. Landlord will have the right, but not the obligation, to inspect periodically the work in the Premises and may require changes in the method or quality of the Aviation Authority work. If any mechanic's lien is filed against the Premises or the Project or any Government Entity having jurisdiction portion thereof, Tenant shall cause same to be discharged within ten (10) days after the lien is filed by paying or bonding over said lien. If Tenant fails to comply with the foregoing sentence, Landlord shall (without limitation of its other rights or remedies) have the right, but not the obligation, to discharge said lien and Tenant shall immediately reimburse Landlord for any sum of money expended by Landlord in connection with obtaining such discharge (together with an additional fifteen percent (15%) thereof to cover Landlord's administrative costs), which amount shall be deemed to be Rent hereunder for all purposes. Landlord may require, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to the estimated cost of any improvements, additions or alterations in the Premises which have been approved by Landlord. Any approval by Landlord (or Landlord's architect and/or engineers) of any of Tenant's contractors or Tenant's drawings, plans or specifications which are prepared in connection with any construction of improvements (including without limitation, Tenant's Improvements) in the Premises shall not in any country, state, county way be construed as or other political subdivision in constitute a representation or over which warranty of Landlord as to the Aircraft is flown abilities of the contractor or the FAA and any mandatory adequacy or recommended service bulletins sufficiency of such drawings, plans or specifications or the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its businesswhich they relate, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alterationuse, modification purpose or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedcondition.
Appears in 1 contract
Sources: Office Lease (Ivg Corp)
Alterations. Sublessee Tenant shall make no changes in or in the demised premises of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this article. Tenant at its own Tenant's expense, makemay make alterations, installations, additions or procure the making ofimprovements which are non-structural and which do not affect utility services or plumbing and electrical lines, such alterations and modifications in and additions or to the Airframe interior of the demised premises by using contractors or mechanics first approved by Landlord. All fixtures and Engines all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required from time by Landlord, Tenant shall immediately and at its expense, repair and restore the premises to time the condition existing prior to meet installation and repair any damage to the standards demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the Aviation Authority or any Government Entity having jurisdiction term remaining in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA premises after Tenant's removal shall be deemed abandoned and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at the election of Landlord, either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its own expense, from time obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall 4 deliver promptly duplicates of all such permits, approvals and certificates to timeLandlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such work▇▇▇'▇ compensation, makegeneral liability, personal and property damage insurance as Landlord may require. If any mechanic's lien is filed against the demised premises, or procure the making ofbuilding of which the same forms a part, such alterations and modifications in and additions including the making of any improvements for work claimed to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000have been done for, or alter materials furnished to, Tenant, whether or not done pursuant to this article, the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition same shall be vested in Owner Trusteedischarged by Tenant within ten days thereafter, subject to at Tenant's expense, by filing the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be bond required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedby law.
Appears in 1 contract
Sources: Office Lease (Princeton Review Inc)
Alterations. Sublessee Tenant shall make no changes in or to the demised premises of any nature without Owner’s prior written consent. Subject to the prior written consent of Owner, and to the provisions of this article, Tenant, at Tenant’s expense, may make alterations, installations, additions or improvements which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises using contractors or mechanics first approved in each instance by Owner. Tenant shall, at its own expense, makebefore making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner. Tenant agrees to carry and will cause Tenant’s contractors and sub-contractors to carry such ▇▇▇▇▇▇▇’▇ compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic’s lien is filed against the demised premises, or procure the making ofbuilding of which the same forms a part, such alterations for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant’s expense, by payment or filing the bond required by law or otherwise. All fixtures and modifications all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant’s behalf, shall, upon installation, become the property of Owner and additions shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the Airframe date fixed as the termination of this lease, elects to relinquish Owner’s right thereto and Engines to have them removed by Tenant, in which event the same shall be removed from the demised premises by Tenant prior to the expiration of the lease, at Tenant’s expense. Nothing in this Article shall be construed to give Owner title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required from time by Owner, Tenant shall immediately and at its expense, repair and restore the premises to time the condition existing prior to meet installation and repair any damage to the standards demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the Aviation Authority or any Government Entity having jurisdiction term remaining in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA premises after Tenant’s removal shall be deemed abandoned and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own the election of Owner, either be retained as Owner’s property or removed from the premises by Owner, at Tenant’s expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayed.
Appears in 1 contract
Sources: Loft Lease (American Realty Capital New York Recovery Reit Inc)
Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner erect such shelves, makebins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or procure improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the making ofproperty of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; such alterations alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and additions shall be delivered up to the Airframe Landlord with the premises unless removed as provided above. All shelves, bins machinery and Engines as trade fixtures installed by Tenant may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements removed by Tenant prior to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgagelease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this lease or upon earlier vacating of the Airframe or premises if required by Landlord; upon any such Engineremoval Tenant shall restore the premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in a good workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural qualities of the Aircraft or to reimburse Sublessee for buildings and other improvements situated on the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedpremises.
Appears in 1 contract
Sources: Lease Agreement (Microage Inc /De/)
Alterations. Sublessee (a) Tenant shall at its own expensenot, make, or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessorwithout Landlord's prior written consent, which consent make any alterations, improvements, additions, or Utility Installations (as hereinafter defined) in, on, or about the Premises, except for cosmetic changes, decorating changes, or non-structural alterations not exceeding $[***] in any one year per Building, or $[***] in cumulative cost per Building during the Term. The foregoing shall not be unreasonably withheld construed to limit or delayedrestrict Tenant's right to relocate, reinstall, and operate its machinery or equipment, or to comply with its obligations under this [***] Confidential portions of this document have been redacted and filed separately with the Commission. Lease, provided that such activities can be performed without causing structural alteration or structural damage to the Premises. As used in this paragraph 6.2, the term "Utility Installation" means air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, and plumbing. Landlord may require that Tenant remove any or all of said alterations, improvements, additions, or Utility Installations at the expiration of this Lease and restore the Premises to its prior condition. Should Tenant make any alterations, improvements, additions, or Utility Installations without the prior consent of Landlord when such consent is required hereunder, Landlord may require that Tenant remove any or all of the same.
(b) Tenant's ability to make alterations, improvements , additions, or Utility Installations to the Premises is conditioned on (1) Tenant's acquiring from appropriate governmental agencies any permits which may be necessary to make such alterations, improvements, additions, or Utility Installations, (2) Tenant's furnishing of a copy of such permits to Landlord before beginning the work, and (3) Tenant's compliance with all conditions of such permits in accordance with the terms thereof and applicable law.
(c) All alterations, improvements, additions, and Utility Installations (whether or not such Utility Installations constitute trade fixtures of Tenant) which may be made on the Premises will become the property of Landlord and remain on and be surrendered with the Premises at the expiration or termination of this Lease in accordance with the provisions of paragraph 6.1(c). Tenants machinery and equipment, other than that which is affixed to the Premises so that it cannot be removed without causing material structural damage to the Premises, will remain Tenant's property and may be removed by Tenant subject to the provisions of paragraph 6.1(c), provided that Tenant is not then in default under any provision of this Lease.
Appears in 1 contract
Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. If Landlord consents to Tenant's contractors doing the work, Landlord may require, at Landlord's sole option, that Tenant provide, at Tenant's expense, a lien and completion bond in an amount equal to one and one half (1-1/2) times any and all estimated costs of improvements, additions or alterations in the Premises to insure Landlord against any liability or mechanic's and materialmen's liens which may arise in accordance with Paragraph 23 of this Lease Agreement and to insure completion of the work. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner, makeerect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or procure improvements and without overloading or damaging the making ofbuilding or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements, and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations alterations, additions, improvements, and modifications in partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and additions shall be delivered up to the Airframe Landlord with the Premises. All shelves, bins, machinery and Engines as trade fixtures installed by Tenant may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements removed by Tenant prior to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageLease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this Lease or upon earlier vacating of the Airframe or Premises if required by Landlord. Upon any such Engineremoval, Tenant shall restore the Premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in a good workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural qualities of the Aircraft or to reimburse Sublessee for building and other improvements situated on the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedPremises.
Appears in 1 contract
Alterations. Sublessee shall at its own expense, make, or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Without Sublessor's ’s prior written consent, which consent will not be unreasonably withheld, conditioned or delayed, Subtenant shall not make (a) any repairs, alterations, replacements, other improvements or installations to the exterior of the Demised Premises or Building A or the foundation, roof, exterior walls, gutters, downspouts, canopy, storefront or any structural parts of the Demised Premises, (b) any interior, non-structural repairs, alterations, installations or improvements to the Demised Premises the estimated cost of which exceeds Fifty Thousand Dollars ($50,000.00), or (c) any repairs, alterations, installations or improvements that would affect any centralized or common utilities or any other tenant’s or occupant’s HVAC system or systems or any Building system serving another tenant. If Sublessor’s approval is required for any alterations or improvements, Subtenant shall submit to Sublessor all plans and specifications for any such repairs, alterations, installations or improvements unless such alterations or improvements do not require a building permit, in which case Subtenant shall provide a reasonable description of its intended alterations and improvements. Any repairs, alterations, installations or improvements by Subtenant permitted hereunder shall conform to the requirements of, and be subject to the Parent Lease, including, without limitation, obtaining any consents required thereunder. If Sublessor does not approve a proposed alteration, Sublessor shall provide its reasons for disapproval. Subtenant agrees that any repairs, alterations, replacements, other improvements or installations made by Subtenant to or upon the Demised Premises shall be done in a good and workmanlike manner and in conformity with all laws, ordinances and regulations of all public authorities having jurisdiction, that materials of good quality shall be employed therein, that the structure of the Demised Premises shall not be unreasonably withheld endangered or delayedimpaired thereby. Subtenant shall procure at its sole expense all necessary permits before making any repairs, alterations, improvements or installations. Upon request of Subtenant, Sublessor shall request the cooperation therewith of Parent Landlord. Subtenant shall save Sublessor and Parent Landlord harmless from, and defend and indemnify Sublessor and Parent Landlord against, any and all injury, loss claim or damage to any person or property occasioned by or arising out of the doing of any such work, except to the extent such injury, loss, claim or damage is caused by the negligence or willful misconduct of Sublessor. Subtenant shall permit no mechanic’s, materialmen’s or other lien against the Demised Premises in connection with any materials, labor or equipment furnished, or claimed to have been furnished, to or for Subtenant, or anyone claiming under Subtenant, and if any such lien shall be filed against the Demised Premises Subtenant shall cause the same to be discharged, provided, however, that Subtenant may contest such lien as long as the enforcement thereof is stayed, but in any event, Subtenant shall either cause any such lien to be discharged of record within ten (10) days of any request of any mortgagee, or of Parent Landlord or Sublessor or in lieu thereof, if permitted pursuant to the Parent Lease, while contesting the same as aforesaid, deposit with any mortgagee or prospective mortgagee of the Demised Premises, pending such contest, a sum sufficient to cover the amount of said lien and all interest, penalties and costs that would be payable to discharge such lien if such lien were valid.
Appears in 1 contract
Alterations. Sublessee Tenant may not make alterations in or additions to the Leased Premises unless Tenant has first obtained from Landlord written permission to do so, and Tenant shall, if requested by Landlord, furnish Landlord with plans and specifications, names and addresses of the contractors who will perform the work, copies of the contracts, all necessary permits and indemnification in form and amount satisfactory to Landlord against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions. Whether Tenant shall at its own expensehave furnished Landlord the foregoing or not, make, Tenant hereby agrees to hold Landlord harmless from any and all liabilities of every kind and description which may arise out of or procure be connected with the making of, alterations or additions. Tenant shall bay the cost of all such alterations and modifications additions and also the cost of decorating the Leased Premises occasioned by such alterations and/or additions. Tenant shall not overload, damage or deface the Leased Premises, the Building or the Property or do any act or thing or bring or keep anything thereon which may make void or voidable any insurance on the Leased Premises or the Building or which may render an increase or extra premiums payable for insurance. Tenant shall not move any heavy equipment into the Leased Premises except with prior written consent of Landlord and upon such terms as Landlord may specify. Upon completion of any alterations or additions, Tenant shall furnish Landlord with contractors' affidavits and full waivers of liens and receipted bills covering all labor, materials and subcontractors expended and used. All alterations and/or additions must be completely finished in a good and additions to the Airframe neat workmanlike manner and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction comply in any countryall respects with all insurance requirements and with all applicable federal, state, county or other political subdivision municipal statutes, laws, ordinances and regulations, or any department or agency thereof, or any department thereof, and including, without limitation, the standards and regulations of O.S.H.A. and environmental laws and regulations applicable to such alterations, and/or additions. Only good grades of materials shall be used in the alterations and/or additions. All additions shall become Landlords's property and shall remain upon the Leased Premises at the termination of this Lease by lapse of time or over which the Aircraft is flown otherwise, without compensation or the FAA and any mandatory allowance or recommended service bulletins of the Manufacturercredit to Tenant. In addition, Sublessee may, All changes made by Tenant shall be restored to their original condition at its own Tenant's expense, from time to timeif Landlord so requests. Any alterations, make, additions or procure repairs shall be performed by labor which is compatible with the making of, such alterations and modifications in and additions including union or unions representing the making service employees of any improvements to the Airframe or any Engine as Sublessee may deem desirable Landlord in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedBuilding.
Appears in 1 contract
Alterations. Sublessee Tenant shall make no changes in or to the demised premises of any nature without Owner's prior written consent. Subject to the prior written consent of Owner, and to the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises using contractors or mechanics first approved by Owner. Tenant shall, at its own expense, makebefore making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approvals thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner. Tenant agrees to carry and will cause Tenant's contractors and sub7contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or procure the making ofbuilding of which the same forms as part, such alterations for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant's expense, by filing the bond required by law or otherwise. All fixtures and modifications all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of Owner and additions shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the Airframe date fixed as the termination of this lease, elects to relinquish Owner's right thereto and Engines to have them removed by Tenant, in which event the same shall be removed from the demised premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required from time by Owner, Tenant shall immediately and at its expense, repair and restore the premises to time the condition existing prior to meet installation and repair any damage to the standards demised premises or the building due to such removal. All property permitted or required to be removed, by Tenant at the end of the Aviation Authority term remaining in the premises, or any Government Entity having jurisdiction in any country, state, county upon Tenant's vacating or other political subdivision in or over which the Aircraft is flown or the FAA removal prior thereto after Tenant's removal shall be deemed abandoned and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own the election of Owner, either be retained as Owner's property or removed from the premises by Owner, at Tenant's expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayed.
Appears in 1 contract
Sources: Lease Agreement (Opus360 Corp)
Alterations. Sublessee shall at its own expense, make, or procure the making of, such All alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal Premises shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written Landlord’s consent, which consent shall not be unreasonably withheld withheld, delayed or delayed.conditioned. Landlord agrees to comment as to Tenant’s plans and specifications within ten (10) days of receipt of same, failing which, such plans and specifications shall be deemed approved. Promptly upon completion of any material alterations, Tenant shall furnish Landlord with an as-built set of plans therefore. All such alterations, additions or improvements become the property of Landlord immediately upon installation in the Premises and shall be conclusively presumed to have been conveyed by Tenant to Landlord under this Lease as a ▇▇▇▇ of sale, without compensation, allowance, or credit to Tenant. Tenant agrees to save Landlord harmless from any damage, loss, or expense arising from the construction of any alterations, additions and improvements and to comply with all laws, ordinances, rules and regulations. Upon termination of this Lease, all alterations, additions and improvements made in, to or on the Premises (including without limitation all electrical, lighting, plumbing, heating, air conditioning, and communications equipment and systems, doors, windows, partitions, drapery, carpeting, shelving, counters, and physically attached fixtures unless excluded by written agreement annexed hereto), shall remain upon and be surrendered as a part of the Premises; provided however, upon Landlord's request Tenant shall remove its communications cabling and those additions, alterations, or improvements as specified by Landlord at the time Landlord approves such alteration, addition or improvements, and repair and restore the Premises at Tenant's sole cost and expense prior to expiration of the Term. Tenant may install a backup generator, at Tenant’s sole cost, at a location and based on specifications reasonably approved by Landlord. Tenant will be responsible to obtain any necessary permits or approvals required to install the generator and for ongoing repairs and maintenance. For additional terms related to the initial improvements to the Premises see the Work Letter attached as Exhibit E.
Appears in 1 contract
Sources: Office Lease (Trupanion Inc.)
Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, premises (including, removal of Parts (for purposes of this Clause 16.4without limitation, Obsolete Partsthe roof and wall penetrations) which Sublessee deems obsolete or no longer suitable or appropriate for use in without the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building or delayedimprovements and without overloading or damaging such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if at such time Landlord so elects such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and title shall pass to Landlord under this lease as by a ▇▇▇▇ of sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition, ordinary wear and tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements within which the premises are situated. If Landlord shall consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to construction, provide such assurances to Landlord, (including but not limited to, surety company performance bonds) as Landlord shall reasonably require to protect Landlord against any loss from any mechanics’, laborers’ or materialmen’s liens, or other liens. Notwithstanding the foregoing, Landlord agrees that Tenant shall not be obligated to remove the remodeling of the existing offices, construction of new office area adjacent to the existing offices, installation of lights and a heating system in the warehouse which are completed during the first six (6) months of the lease term.
Appears in 1 contract
Sources: Lease Agreement (Power Solutions International, Inc.)
Alterations. Sublessee Tenant shall at its own expense, make, make no changes in or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making demised premises of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessorwithout Owner's prior written consent, which . Subject to the prior written consent shall of Owner not to be unreasonably withheld or delayed, and to the provisions of this article, Tenant, at Tenant's expense, may make alterations, installations, additions or improvements which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises using contractors or mechanics first approved in each instance by Owner not to be unreasonably withheld or delayed. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner. Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such work▇▇▇'▇ ▇▇▇pensation, general liability, personal and property damage insurance as Owner may reasonably require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant's expense, by payment or filing the bond required by law or otherwise. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the same shall be removed from the demised premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's property or removed from the premises by Owner, at Tenant's expense.
Appears in 1 contract
Sources: Lease Agreement (Medsite Com Inc)
Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense, makeand 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 building or procure improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions and improvements and partitions erected by Tenant shall be and remain the making ofproperty of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by T▇▇▇▇▇ and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises, provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations alterations, additions, improvements, and modifications in partitions shall become the property of the Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and additions shall be delivered up to the Airframe Landlord with the Premises. All shelves, bins, machinery and Engines as trade fixtures installed by the Tenant may be required from time removed by the Tenant prior to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageLease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this Lease or upon earlier vacating of the Airframe or Premises if required by Landlord; upon any such Engineremoval Tenant shall restore the Premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in good workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural qualities of the Aircraft or to reimburse Sublessee for buildings and other improvements situated on the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedPremises.
Appears in 1 contract
Sources: Lease Agreement (Tango Inc)
Alterations. Sublessee Except as hereinafter set forth, Tenant shall at its own expensemake no alterations, makeadditions or improvements (collectively, or procure the making of, such alterations and modifications in and additions “Tenant Changes”) to the Airframe and Engines as may be required from time to time to meet Premises (including the standards Common Areas) or the Building affecting the outside appearance of the Aviation Authority Premises or the Building, and/or structural alterations of any Government Entity having jurisdiction in any countrykind, stateand/or alterations affecting basic plumbing, county air conditioning, electrical or ▇▇▇▇ safety systems shared with the Common Areas or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In additiontenants’ premises, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's without Landlord’s prior written consent, which consent shall not unreasonably be unreasonably withheld or delayed. Tenant Changes (including any air conditioning equipment or devices installed in or upon the Premises) shall become the property of Landlord and shall be surrendered with the Premises, as a part thereof, at the end of the term or earlier termination hereof; except that Tenant shall, at the request of Landlord, remove any vaults installed in the Premises. Tenant hereby covenants that, before commencing any Tenant Changes, Tenant shall give Landlord at least twenty (20) business days’ written notice of the proposed commencement of such work (to afford Landlord an opportunity to post appropriate notices of nonresponsibility). Tenant covenants and agrees that all alterations done by or pursuant to the direction of Tenant shall be performed expeditiously, in a good and workmanlike manner, in full compliance with all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, in full compliance with the rules, orders, directions, regulations, and requirements of the Insurance Service Office or any similar body, and in a manner so as to minimize interference with pedestrian and vehicular traffic and other businesses in the Shopping Center. The provisions of this Lease are intended fully to govern the rights and obligations of Landlord and Tenant as they relate to the need for repairs to the Premises. Accordingly, Tenant waives and releases its right to make repairs at Landlord’s expense or to quit the Premises under Sections 1941, 1942(a) and 1932(1) of the California Civil Code or any similar law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises of the type allocated to Landlord by this paragraph, whether or not for the account of Landlord, or to terminate this Lease because of Landlord’s failure to keep the Premises or the Shopping Center in good order, condition and repair.
Appears in 1 contract
Alterations. Sublessee shall at its own expenseIn the event that Subtenant desires to make alterations, make, additions or procure the making of, such alterations and modifications in and additions improvements to the Airframe Sublease Premises, Subtenant shall concurrently provide to each of Sublandlord and Engines Master Landlord, in accordance with the notice provisions herein, a description of the proposed alterations, additions or improvements, together with and a copy of the proposed plans and specifications for review and approval. Subtenant shall make no alterations, additions or improvements in or to the Sublease Premises without the prior written consent of both Sublandlord and, if required by the Master Lease, Master Landlord. The parties acknowledge that Sublandlord may undertake certain Alterations at the Building, which Alterations will not exceed $100,000.00 in cost in any 12-month period, without the consent of Master Landlord pursuant to Section 6.03 of the Master Lease. Subtenant understands and agrees that Sublandlord shall allocate portions of such Alterations to the various subtenants at the Building in Sublandlord’s sole discretion, and may allocate all, some or none of such Alterations to the Sublease Premises as Sublandlord may be required from time to time determine is appropriate. Sublandlord shall not unreasonably withhold, condition or delay its consent to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such proposed alteration, modification, addition or removal improvement. Notwithstanding the foregoing, it shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or not be unreasonable for Sublandlord to withhold consent to any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming improvement for which Master Landlord does not provide consent. Sublandlord shall give its consent or reasons for failure to consent to any proposed alteration, addition or improvement within ten (10) business days after Sublandlord has received from Subtenant a description of the proposed alterations, additions or improvements together with and a copy of the proposed plans and specifications. Any such Airframe approved alterations, additions or Engine was then improvements shall be installed in the condition and repair required to be maintained by accordance with the terms of the Master Lease. In the event that Subtenant makes any such alterations, additions or improvements, Subtenant shall restore the Sublease Premises at the expiration or earlier termination of the Sublease Term to its condition existing as of the Sublease Commencement Date, reasonable wear and tear excepted, unless Master Landlord otherwise agrees in writing. If Master Landlord agrees in writing that any alterations, additions or improvements installed by Subtenant may remain in the Sublease Premises upon the expiration or earlier termination of this AgreementSublease, Sublandlord shall not have the right to require that Subtenant remove those alterations, additions or improvements upon the expiration or earlier termination of this Sublease. Title The parties acknowledge that Subtenant intends to all Parts incorporated or installed perform certain alterations at the inception of this Sublease (the “Initial T.I’s”), as more fully set forth in or attached or added Exhibit D hereto. Subject to Master Landlord’s consent to the Airframe or any such Engine as the result of such alterationInitial T.I.’s, modification or addition shall be vested in Owner Trustee, subject Sublandlord consents to the Mortgage, and shall forthwith be deemed Part of the Airframe or such EngineInitial T.I.’s. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition Master Landlord’s consent to the Aircraft or Initial T.I.’s is a condition precedent to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedthis Sublease being effective as between Sublandlord and Subtenant.
Appears in 1 contract
Sources: Sublease Agreement (Niku Corp)
Alterations. Sublessee A. Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner erect such shelves, makebins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, to remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises, provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. If Tenant, along with its written request to Landlord for consent to an alteration, requests Landlord to make its election as set forth above together with its written consent for an Alteration, then Landlord agrees to make such election. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall repair any damage caused by such removal. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the Premises. (See Addendum to Paragraph 8A).
B. Tenant shall remove any sumps and clarifiers and any related Hazardous Materials (“Hazardous Material” shall mean petroleum and petroleum products, asbestos, and PCBs and any “hazardous substances”, “hazardous materials”, or procure “toxic substances” in the making ofComprehensive Environmental Response, such alterations Compensation and modifications Liability Act of 1980, as amended, the Hazardous Materials Transportation Act, as amended, or the Resource Conservation and Recovery Act, as amended, those substances, materials and wastes which are defined as “hazardous wastes” or as “hazardous substances” in the California Health & Safety Code or Labor Code, and additions “hazardous” or “toxic” in the regulations adopted or publication promulgated pursuant to any of said laws) in or about the Premises and associated with ▇▇▇▇▇▇’s use and occupancy thereof upon the expiration of earlier termination of this Lease.
C. Notwithstanding anything to the Airframe contrary contained herein, ▇▇▇▇▇▇▇▇ agrees that the Tenant shall not be responsible for, and Engines Landlord shall hold Tenant harmless against, any costs of cleanup or removal arising from or associated with any hazardous material existing in, on or throughout the Premises, as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which date Tenant occupies the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time Premises pursuant to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedLease.
Appears in 1 contract
Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in premises (including but not limited to roof and wall penetrations) without the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or delayedimprovements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this Lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the premises.
Appears in 1 contract
Sources: Lease Agreement (Converse Inc)
Alterations. Sublessee Tenant shall at its own make no changes in or to the demised premises of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this article, Tenant and Tenant's expense, makemay make alterations, installments, additions or procure the making ofimprovements which are non-structural and which do not adversely affect utility services or plumbing and electrical lines, such alterations and modifications in and additions or to the Airframe interior of the demised premises by using contractors or mechanics first approved by Landlord. All fixtures and Engines all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required from time by Landlord, Tenant shall immediately and at its expense, repair and restore the premises to time the condition existing prior to meet installation and repair any damage to the standards demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the Aviation Authority or any Government Entity having jurisdiction term remaining in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA premises after Tenant's removal shall be deemed abandoned and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at the election of Landlord, either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its own expense, from time obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to timeLandlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation reasonably, makegeneral liability, personal and property damage insurance as Landlord may require. If any mechanic's lien or U.C.C. financing statement is filed against the demised premises or the building of which the same forms a part, for work claimed to have been done for, or procure materials furnished to, Tenant, whether or not done pursuant to this article, the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition same shall be vested in Owner Trusteedischarged by Tenant within ten days after notice, subject to at Tenant's expense, by filing the Mortgage, and shall forthwith be deemed Part of the Airframe bond required by law or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedotherwise.
Appears in 1 contract
Alterations. Sublessee shall at its own expense, make, On or procure the making of, such alterations and modifications in and additions prior to the Airframe commencement date, Landlord agrees to substantially complete the installation at Landlord’s cost and Engines as may be required from time to time to meet the standards expense of the Aviation Authority or any Government Entity having jurisdiction improvements described in any countryExhibit C attached hereto, state, county or all of which shall be building standard unless otherwise approved in writing by Landlord. All other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition leased premises shall be vested installed at the cost and expense of Tenant (which cost shall be payable as additional rent within fifteen (15) days after demand by Landlord), but only in Owner Trustee, subject to the Mortgageaccordance with plans and specifications which have been previously approved in writing by both Tenant and Landlord, and shall forthwith be deemed Part of the Airframe only by Landlord or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, by contractors and subcontractors approved in writing by Landlord (which consent approval shall not be unreasonably withheld withheld). In connection with any request for an approval of alterations by Tenant (whether before or delayedafter the commencement date), 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 not to exceed $ 1,500.00, unless written notice of a higher amount is given to Tenant prior to being incurred. All alterations, additions, improvements and partitions installed or erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all such alterations, additions, improvements and partitions installed or erected by Tenant (but not the initial improvements installed by Landlord) and, by the date of termination of this lease or upon earlier vacating of the leased premises, restore the leased premises to the condition existing prior to such alterations, additions, improvements and partitions; provided, however, that, Landlord shall give written notice to Tenant of the requirement of removal or its election not to require removal of each such alteration, addition, improvement or partition at or before the time Landlord issues its approval of the plans and specifications submitted therefor by Tenant. All such alterations, additions, improvement and partitions not removed shall 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 b▇▇▇ 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 leased premises or the Building. All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all governmental laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide such assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to assure payment of the costs thereof and to protect Landlord against any loss from any mechanics’, laborers’, materialmen’s or other liens.
Appears in 1 contract
Alterations. Sublessee Tenant shall not make or suffer to be made any alterations, additions, or improvements in, on, or to the Premises or any part thereof without the prior consent of Landlord; provided, however, that Tenant shall be permitted to make interior, non-structural alterations o the Premises without Landlord’s consent provided such alterations do not affect the Building’s MEP systems, life safety systems, HVAC system or structural integrity and do not cost more than $20,000 in any twelve (12) month period.. Any such alterations, additions, or improvements in, on, or to said Premises, except for Tenant’s movable furniture and equipment, shall immediately become Landlord’s property and, at its own the end of the term hereof, shall remain on the Premises without compensation to Tenant. In the event Landlord consents to the making of any such alteration, addition, or improvement by Tenant, the same shall be made by Tenant, at Tenant’s sole cost and expense, makein accordance with all applicable laws, ordinances, and regulations and all requirements of Landlord’s and Tenant’s insurance policies, and in accordance with plans and specifications approved by Landlord and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing at the time of installation by Landlord. Upon the expiration or sooner termination of the term herein provided, Tenant shall, at Tenant’s sole cost and expense, forthwith and with all due diligence, remove any or all alterations, additions, or procure improvements made by or for the making ofaccount of Tenant which were designated by Landlord at the time of installation in writing as alterations, such alterations and modifications in and additions to the Airframe and Engines or improvements that must be removed by Tenant as may be required from time to time to meet the standards of the Aviation Authority expiration or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins earlier termination of the ManufacturerLease. Otherwise, Tenant shall have no obligation to remove any such alterations, additions or improvements. In addition, Sublessee maynotwithstanding anything herein to the contrary, at its own expense, from time in the event the Tenant is permitted to time, makeremove an improvement within the Premises, or procure in the making of, such alterations and modifications in and additions including event the making of any improvements permitted alteration to the Airframe or any Engine as Sublessee may deem desirable in Premises includes demolition, the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent Tenant shall not be unreasonably withheld required to replace any such improvement or delayedto construct any improvements upon the termination of the Lease unless the Landlord required the same at the time the Landlord granted its consent to such alterations.
Appears in 1 contract
Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, such conduct not to be unreasonably withheld. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner erect such shelves, makebins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or procure improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All additional improvements and partitions erected by Tenant shall be and remain the making ofproperty of Tenant during the term of this Lease and Tenant shall, such alterations unless Landlord otherwise elects as hereinafter provided, remove all alterations, additional, improvements and modifications in partitions erected by Tenant and additions restore the Premises to their original condition, reasonable wear and tear excluded, by the date of termination of this Lease or upon earlier vacating of the Premises; provided, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered upon to the Airframe Landlord with the Premises. All shelves, bins, machinery and Engines as trade fixtures installed by Tenant may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements removed by Tenant prior to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageLease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this Lease or upon earlier vacating of the Airframe or Premises if required by Landlord; upon any such Engineremoval Tenant shall restore the Premises to their original condition, reasonable wear and tear excluded. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in a good workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural qualities of the Aircraft or to reimburse Sublessee for buildings and other improvements situated on the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedPremises.
Appears in 1 contract
Sources: Lease Agreement (Bway Corp)
Alterations. Sublessee (a) Tenant shall not make any alterations, additions or improvements to the Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord in Landlord’s sole discretion. Tenant may, with the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner, makeerect such shelves, bins and trade fixtures as it may deem advisable, without altering the basic character or structure of the Premises or improvements and without overloading or damaging the Premises or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Tenant shall not make any alterations, additions or improvements to the Premises which will contravene Landlord’s policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or procure which will prevent Landlord from securing such policies in companies acceptable to Landlord. If any such alterations, additions or improvements cause the making of, such alterations and modifications in and additions rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the Airframe and Engines as may be required minimum rate from time to time applicable to meet the standards Premises for permitted uses thereof, Tenant shall pay as additional rent the amount of any such increase promptly upon demand by Landlord.
(b) Any and all alterations, additions, improvements, partitions and fixtures erected by Tenant shall be the property of Landlord and shall remain at the Premises upon termination of the Aviation Authority Lease or upon earlier vacating of the Premises, except that shelves, bins and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease provided such removal may be accomplished without damage to the Premises or to the primary structure or structural qualities of the Building and other improvements situated on the Premises. Tenant shall repair any Government Entity having jurisdiction in damage to the Premises, or to the Building as a result of any countryalteration, stateaddition, county improvement, or other political subdivision in or over which repair to the Aircraft is flown Premises, or the FAA removal of personal property or trade fixtures by Tenant, its employees, agents, invitees, or contractors to the Premises, reasonable wear and tear excepted. Should Tenant fail to conduct any mandatory or recommended service bulletins such repair within ten days of the Manufacturer. In additionwritten notice from Landlord, Sublessee Landlord may, at its own expenseoption, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgageperform same, and Tenant shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances remit payment to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee Landlord for the actual cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedand expense incurred by Landlord in effecting such repair immediately upon demand.
Appears in 1 contract
Alterations. Sublessee Tenant shall make no changes in or to the demised premises of any nature without Owner's prior written consent. Subject to the prior written consent of Owner, and to the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises using contractors or mechanics first approved by Owner. Tenant shall, at its own expense, makebefore making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi- governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner, Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filled against the demised premises, or procure the making ofbuilding of which the same forms a part, such alterations for work done for, or materials furnished to, Tenant, whether or not done pursuant to his article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant's expense, by filing the bond required by law or otherwise. All fixtures and modifications all paneling, partitions, railings and like installations installed in the premises at any time, either by tenant or by owner on tenant's behalf, shall, upon installation, become the property of owner and additions shall remain upon and be surrendered with the demised premises unless owner, by notice to tenant no later than twenty days prior to the Airframe date fixed as the termination of this lease, elects to relinquish Owner's right thereto and Engines to have them removed by Tenant, in which event the same shall be removed from the demised premises by Tenant prior to the expiration of the lease at Tenant's expense. Nothing in this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required from time by Owner, Tenant shall immediately and at its expense, repair and restore the premises to time the condition existing prior to meet installation and repair any damage to the standards demised premises or the building due to such removal. All property permitted or required to be removed, by Tenant at the end of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which term remaining fin the Aircraft is flown or the FAA premises after Tenant's removal shall be deemed abandoned and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own the election of Owner, either be retained as Owner's property or removed from the premises by Owner, at Tenant's expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements . Anything to the Airframe or any Engine as Sublessee may deem desirable contrary notwithstanding appearing in paragraph 3 of the proper conduct of its business, including, removal of Parts (for purposes printed form of this Clause 16.4Lease, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature Tenant need not remove its original installations of the Aircraft as a passenger carrying aircraft, premises (installed by Tenant on or change its original type design or configuration, or materially diminish about the value or utility Commencement Date) at the end of the Airframe or any such Engine, or impair term of this Lease. On the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then submission by Tenant of plans for subsequent installations Landlord shall advise Tenant in the condition and repair required writing whether same are to be maintained removed by Tenant at the terms end of the term of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedLease.
Appears in 1 contract
Sources: Lease Agreement (Alloy Online Inc)
Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in premises (including but not limited to roof and wall penetrations) without the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld if the proposed alteration, addition or delayedimprovement is non-structural, is not visible from the exterior of the building and does not affect any building system. 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 building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, if Landlord so elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition, reasonable wear and tear excepted, by the date of termination of this lease or upon earlier vacating of the premises; otherwise such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition, reasonable wear and tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the premises. If requested to do so by Tenant in writing at the time Tenant requests Landlord's consent to a proposed alteration, addition or improvement, Landlord will indicate in its consent to the proposed alteration, addition or improvement (assuming that Landlord otherwise consents thereto) whether Landlord will require the removal of such alteration, addition or improvement upon the termination of this Lease. Otherwise, Landlord may elect to require Tenant to remove any alteration, addition or improvement made by Tenant to the premises, or all or any part of Landlord's Work or Tenant's Work (as provided in Paragraph 31) by giving written notice to Tenant at any time prior to termination of this lease specifying the alterations, additions and/or improvements to be removed.
Appears in 1 contract
Alterations. Sublessee shall at its own expense, make, Tenant will not make any alterations of or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet Leased Premises which cost more than $5,000 per occasion or affect the standards structure or exterior of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which BLN Office Parkwithout the Aircraft is flown or the FAA and any mandatory or recommended service bulletins prior written approval of the ManufacturerLandlord. In addition, Sublessee may, at its own expense, from time All work to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable be performed in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition Leased Premises shall be vested in Owner Trusteeperformed by competent contractors and subcontractors, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentapproved by Landlord, which consent approval shall not be unreasonably withheld by Landlord, except that Landlord may in any event condition its approval of such contractors and subcontractors on the Tenant's furnishing separate performance and payment surety bonds, or delayedother financial guaranties or deposits satisfactory to Landlord, covering any work to be performed by such contractors or subcontractors on the Leased Premises, and Landlord may, in any event, require that contractors and subcontractors normally employed by Landlord be engaged for any mechanical or electrical work and that any alterations be done by contractors or subcontractors compatible with those workmen, contractors and subcontractors employed from time to time in the BLN Office Park by Landlord. All alteration work performed by or for Tenant hereunder must be performed in such manner to avoid disruption of the BLN Office Park operations or disturbance of other tenants in the BLN Office Park. Unless Landlord requires the Tenant to restore the Leased Premises as set forth in this Lease, all alterations, additions or improvements which may be made by either of the parties hereto upon the Leased Premises, except office furnishings purchased by Tenant which may be removed without damage or destruction to the Leased Premises, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at the termination of this Lease or any extension thereof. Tenant will not permit any mechanics, laborers or materialmen's liens to stand against the Leased Premises, the Building or BLN Office Park for any labor or materials furnished to or in connection with any work performed or claimed to have been performed in, on or about the Leased Premises and will immediately remove all such liens. Tenant further agrees that, in the event Tenant fails to remove any such lien or post a bond therefore within thirty (30) days after receiving notice of such lien, Landlord may remove such lien and Tenant shall immediately reimburse Landlord upon demand for all costs and expenses, including attorneys' fees, incurred by Landlord in removing such mechanic's or materialmen's lien.
Appears in 1 contract
Sources: Lease (Adaytum Software Inc)
Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in good workmanlike manner erect such shelves, makebins, machinery, and trade fixtures as it may deem advisable, without altering the basic character of the building or procure improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements, and partitions erected by Tenant shall be and remain the making ofproperty of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and paid for by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of premises, such alterations alterations, additions, improvements, and modifications in partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and additions shall be delivered up to the Airframe Landlord with the premises. All shelves, bins, machinery and Engines as trade fixtures installed by Tenant may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements removed by Tenant prior to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgagelease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this lease or upon earlier vacating of the Airframe or premises if required by Landlord; upon any such Engineremoval Tenant shall restore the premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in a good workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural qualities of the Aircraft or to reimburse Sublessee for buildings and other improvements situated on the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedpremises.
Appears in 1 contract
Sources: Lease Agreement (Luminex Corp)
Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, Premises (including, removal of Parts (for purposes of this Clause 16.4but not limited to, Obsolete Partsroof and wall penetrations) which Sublessee deems obsolete or no longer suitable or appropriate for use in without the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. If Landlord consents to Tenant's contractors doing the work, Landlord may require, at Landlord's sole option, that Tenant provide, at Tenant's expense, a lien and completion bond in an amount equal to one, and one half (1-1/2) times any and all estimated costs of improvements, additions or delayedalterations in the Premises to insure Landlord against any liability for mechanic's and materialmen's liens which may arise in accordance with Paragraph 23 of this Lease Agreement and to insure completion of the work. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, equipment, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging the building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements, and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions, improvements, and partitions (other than shelves, bins, equipment, machinery, and trade fixtures) shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All shelves, bins, equipment, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord. Upon any such removal, Tenant shall restore the Premises to their original condition which existed at the time of Tenants occupancy, reasonable wear and tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the Premises. It is understood that building sprinkler systems are not required by law or ordinance at this time; however, if such a system is required by ordinance or building code, it will be installed at Landlord's expense.
Appears in 1 contract
Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe Premises, unless the same have been approved by Landlord, in writing. Landlord agrees not to unreasonably withhold, qualify or delay its approval of any Engine as Sublessee alterations, additions or improvements that Tenant proposes to make to the Premises, except Landlord may deem desirable withhold its approval, in its sole and absolute discretion, of alterations, additions or improvements that affect the exterior, plumbing system, electrical system, roof, foundation or the structural components of the Premises or the Project. All alterations, additions and improvements to the Premises must be made by Tenant in a good and workmanlike manner, using new materials, and must comply with Applicable Laws. Prior to making any alterations, additions or improvements to the Premises, Tenant shall (i) obtain Landlord’s written approval of the plans and specifications for such alterations, additions or improvements, and (ii) furnish Landlord with reliable evidence that Tenant has sufficient funds to complete such alterations, additions or improvements. Any such permitted alterations, additions or improvements must be constructed or installed by the contractor designated by Landlord, and Tenant shall pay Landlord an oversight fee in an amount equal to five percent (5%) of the cost of such work. All alterations, additions and improvements to the Premises must be made by Tenant in a good and workmanlike manner, using new materials, and must comply with Applicable Laws. Any work performed by the Tenant shall not interfere with the other tenants in the proper conduct Building. Tenant’s alterations, additions and improvements to the Premises shall remain and become the property of its business, including, removal of Parts (for purposes Landlord upon the expiration or earlier termination of this Clause 16.4Lease, Obsolete Parts) which Sublessee deems obsolete unless Landlord requires that Tenant remove the same as provided in Article 15. In the event that Landlord consents, in writing, to Tenant installing any facilities on or no longer suitable or appropriate for use in making any alterations to the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature roof of the Aircraft Building, Tenant shall: (i) not void, violate or limit any roof warranty; (ii) follow the roof manufacturer’s recommendations and requirements; and (iii) ensure the installation or alteration does not damage or exceed the load bearing capacity of the roof. If any warranty covering the roof is voided or limited as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alterationTenant’s acts, modification installations or addition alterations, Tenant shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee Landlord for the cost thereofof all repairs and damages that would have been covered by such warranty had the same not been so voided or limited. Any other alterations other than those permitted according Tenant shall require any contractor of Tenant employed pursuant to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedthis section to maintain all insurance reasonably required by Landlord.
Appears in 1 contract
Alterations. Sublessee After construction of the Building by Landlord and completion of fixtures and interior improvements by Tenant, Tenant shall at its own expensenot make alterations in or additions to the Building unless Tenant has obtained Landlord's written permission to do so, makeand subject to Tenant's not being in default hereunder and subject to furnishing Landlord with acceptable plans and specifications, the names and addresses of contractors, copies of contracts, necessary permits and indemnifications as requested by the Landlord and lien waivers as to any and all claims, costs, liabilities, and expenses which may arise in connection with said alterations or procure additions. As a further condition to Landlord's consent to said alterations or additions, Tenant shall advise all subcontractors, suppliers, materialmen, and laborers that they shall not have the making ofright to file a Mechanic's Lien against the Building and property owned by the Landlord. Whether the Tenant furnished the Landlord the foregoing or not, the Tenant hereby agrees to hold the Landlord harmless from any and all liabilities of every kind and description which may arise out of or be conducted in any way with said alterations or additions. Before commencing any work in connection with alterations or additions, the Tenant, if requested by Landlord, shall furnish the Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring the Landlord against any and all liabilities which may arise out of or be connected in any way with said additions or alterations. The Tenant shall pay the cost of all such alterations and modifications in additions and also the cost of decorating the Premises occasioned by such alterations and additions. Upon completing any alterations or additions, the Tenant, if requested by Landlord, shall furnish the Landlord with contractors' affidavits and full and final waiver of lien and receipted bills covering all labor and material expended and used. All alterations and additions to the Airframe shall comply with all insurance requirements and Engines as may be required from time to time to meet the standards with all relevant laws, ordinances, or regulations of the Aviation Authority or any Government Entity having jurisdiction in any countrymunicipalities, counties, state, county and other governmental units or departments and agencies thereof. All alterations and additions shall be constructed in a good and workmanlike manner and only good grades of materials shall be used. All additions, excepting removable fixtures other political subdivision in than light fixtures, shall become the Landlord's property and shall remain upon the Premises at the termination of this Lease by lapse of time or over otherwise without compensation or allowance or credit to the Tenant. If the Tenant does not remove the Tenant's fixed furniture, equipment, machinery, fixtures, and all other items of personal property of every kind and description from the Premises prior to the end of the term, however ended, which the Aircraft Tenant does not have the right to remove if it is flown in default hereunder, then Tenant shall conclusively presumed to have conveyed the same to the Landlord under this Lease as a bill ▇▇ sale without further payment or credit by Landlord to the FAA and Tenant. All structural changes made by Tenant shall be restored to their original condition at the Tenant's expense if Landlord so requests. Tenant's violation of any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations terms and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes conditions of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal numbered paragraph 13 shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as constitute a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayeddefault hereunder.
Appears in 1 contract
Sources: Lease Agreement (Urosurge Inc)
Alterations. Sublessee After completion of Tenant's Work, Tenant shall at its own expense, make, not make any alterations or procure the making of, such alterations and modifications improvements in and or additions to the Airframe and Engines as may be required from time Premises or make any changes to time to meet the standards locks on doors or add to, disturb or in any way change any of the Aviation Authority wiring, HVAC or any Government Entity having jurisdiction plumbing in any country, state, county or other political subdivision in or over which the Aircraft is flown Premises or the FAA Building, without first obtaining the written consent of Landlord which consent shall not be unreasonably withheld, delayed or conditioned. All such alterations, additions and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe performed by contractors or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, mechanics approved by Landlord which consent shall not be unreasonably withheld or delayed.. All work with respect to any such alterations, additions or improvements shall be performed in a good and workmanlike manner, shall be of a quality equal to or exceeding the then existing construction standards for the Building and must be of a type, and the floors and ceilings must be finished in a manner, customary for general office use and other uses common to similar office buildings in the vicinity. Such alterations shall be diligently prosecuted to completion to the end that the Premises shall be at all times a complete unit except during the period necessarily required for such work. All such alterations, additions and improvements shall be made strictly in accordance with all laws, regulations and ordinances relating thereto, and no interior improvements installed by Landlord in the Premises (including Tenant's Work) may be removed unless the same are promptly replaced with interior improvements of the same or better quality. Landlord hereby reserves the right to require any contractor or mechanic working the Premises to provide lien waivers and liability insurance covering such alterations, additions or improvements to the Premises. Except as provided below, Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant at or for use in the Premises, and Tenant shall not permit any mechanic's or materialmen's liens to be recorded against the Premises or the Property for any labor or material furnished to Tenant or Tenant's agents or contractors in connection with work of any character performed on the Premises by or at the direction of Tenant. Tenant shall not be required to pay or otherwise satisfy such claims or discharge such liens so long as it shall, in good faith, at its own expense, contest the same or the validity thereof by appropriate proceedings, provided that Tenant shall, at its cost, post a bond to remove the lien from the Premises or the Property within twenty (20) days if such dispute can not be resolved within the said time period. Tenant shall give Landlord ten (10) days' prior written notice of the commencement of any alterations, additions or improvements and agrees to allow Landlord and Landlord's Lender (defined below) to enter the Premises and post appropriate notices to avoid liability to contractors or material suppliers for payment for such alterations, additions or
Appears in 1 contract
Sources: Lease (Starbucks Corp)
Alterations. Sublessee 8.01 (A) Tenant shall at its own expensemake no decoration, makealteration, addition or procure improvement in the making Premises, without the prior written consent of Landlord, and then only by contractors or mechanics and in such manner and time, and with such materials, as reasonably approved by Landlord (notwithstanding the foregoing, however, Landlord’s prior negative experience with, concerns regarding the financial stability of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory criminal proceedings pending against, any such contractor or recommended service bulletins of the Manufacturermechanic shall be deemed to be a reasonable basis upon which for Landlord to refuse to grant its approval). In additionAll alterations, Sublessee may, at its own expense, from time to time, make, additions or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable Premises, including air-conditioning equipment and duct work, except movable office furniture and trade equipment installed at the expense of Tenant, shall, unless Landlord elects otherwise in writing, become the proper conduct property of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageLandlord, and shall forthwith be deemed Part surrendered with the Premises, at the expiration or sooner termination of the Airframe or term of this Lease. Any such Engine. Neither Owner Trusteealterations, Lender nor Sublessor additions and improvements which Landlord shall designate, shall be required under removed by Tenant and any circumstances to pay directly for any alterationdamage repaired, modification or addition at Tenant's expense, prior to the Aircraft expiration of this Lease, unless written request has been made by Tenant at the time of Tenant’s request for Landlord’s approval of the installation of such item(s) by means of the following sentence in capital letters: TENANT REQUESTS THAT LANDLORD NOTIFY TENANT TOGETHER WITH LANDLORD’S CONSENT TO THE ENCLOSED TENANT'S PLANS WHETHER LANDLORD REQUIRES ANY ALTERATION SHOWN ON THE ENCLOSED PLANS TO BE REMOVED FROM THE PREMISES AT THE EXPIRATION OR SOONER TERMINATION OF THE TERM. IF LANDLORD SHALL FAIL TO RESPOND HERETO AT THE TIME OF LANDLORD’S CONSENT TO SUCH ALTERATION AND RESERVE SUCH RIGHT, THEN LANDLORD SHALL BE DEEMED TO HAVE WAIVED LANDLORD’S RIGHT TO REQUIRE SUCH ALTERATION TO BE REMOVED AT THE END OF THE TERM. Landlord elects by notice to Tenant in response thereto to relinquish Landlord's right thereto and to have them removed by Tenant, in which case, the item(s) shall be removed from the Premises by Tenant, and any resulting damage to the Premises or the Building repaired by Tenant, at Tenant's expense, prior to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedexpiration of the Lease.
Appears in 1 contract
Sources: Lease Agreement (Fusion Telecommunications International Inc)
Alterations. Sublessee Except for any initial improvement of the Premises by Landlord pursuant to the Approved Plans and Specifications as defined in Exhibit C, which shall at its own expensebe governed by the provisions of said Exhibit C and any improvements costing less than $20,000 and which do not affect the structure or systems of the Building, Tenant shall not make, suffer or procure the making ofpermit to be made any alterations, such alterations and modifications in and additions or improvements to the Airframe and Engines as may be required from time to time to meet the standards or of the Aviation Authority Premises or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, makepart thereof, or procure the making ofattach any fixtures or equipment thereto, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessorwithout first obtaining Landlord's prior written consent, which consent shall not be unreasonably withheld withheld. Any such alterations, additions or delayedimprovements to the Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account by a contractor approved by Tenant and Landlord and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead and services not to exceed five (5%) percent of the costs of such alterations), as Rental, within ten (10) days after receipt of a statement. The Tenant Improvements and all such alterations, additions and improvements, except for computers and related equipment associated with the Data Center, shall become Landlord's property at the expiration or earlier termination of the term hereof and shall remain on the Premises without compensation to Tenant unless Landlord elects by notice to Tenant at the time Landlord approves such alterations, additions or improvements to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Paragraph 9 hereof, Tenant shall promptly restore, at its sole cost and expense, the Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted.
Appears in 1 contract
Sources: Lease Agreement (Interland Inc /Mn/)
Alterations. Sublessee Tenant shall at its own expense, make, not make any alterations. additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, premises (including, removal of Parts (for purposes of this Clause 16.4without limitation, Obsolete Partsthe roof and wall penetrations) which Sublessee deems obsolete or no longer suitable or appropriate for use in without the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building or delayedimprovements and without overloading or damaging such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if at such time Landlord so elects such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and title shall pass to Landlord under this lease as by a bill ▇▇ sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord: upon any such removal, Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements within which the premises are situated. If Landlord shall, in its sole discretion, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to construction, provide such assurances to Landlord, (including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance) as Landlord shall require to protect Landlord against any loss from any mechanics', laborers' or materialmen's liens, or other liens.
Appears in 1 contract
Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in premises (including but not limited to roof and wall penetrations) without the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld if the proposed alteration, addition or delayedimprovement is non-structural, is not visible from the exterior of the building and does not affect any building system. 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 building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, if Landlord so elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition, reasonable wear and tear excepted, by the date of termination of this lease or upon earlier vacating of the premises; otherwise such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord: upon any such removal Tenant shall restore the premises to their original condition, reasonable wear and tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the premises. If requested to do so by Tenant in writing at the time Tenant requests Landlord's consent to a proposed alteration, addition or improvement, Landlord will indicate in its consent to the proposed alteration, addition or improvement (assuming that Landlord otherwise consents thereto) whether Landlord will require the removal of such alteration, addition or improvement upon the termination of this Lease. Otherwise, Landlord may elect to require Tenant to remove any alteration, addition or improvement made by Tenant to the premises, or all or any part of Landlord's Work or Tenant's Work (as provided in Paragraph 31) by giving written notice to Tenant at any time prior to termination of this lease specifying the alterations, additions and/or improvements to be removed.
Appears in 1 contract
Alterations. Sublessee The TENANT shall at not make permanent alterations, redecorate or remove any portion of the building, exterior or interior, without the written consent of the Housing Office. The Management will perform on a scheduled program the painting of apartments. Should TENANT damage or depreciate the unit, the TENANT shall pay the full cost of restoring the premises to its own expenseprior condition. Locks may only be altered or replaced by the LANDLORD. ANIMALS: NO animal or pets are permitted in CST Housing without the express approval of the Campus Housing Office. A non- refundable pet fee, makecurrent records of sterility and immunizations, and a signed Pet Agreement are required. ANNUAL RENT INCREASE: CST Housing rental rates are subject to annual increase every June 1st. TENANTS will be provided written notice of the increase not less than sixty (60) days in advance. ANTENNAS: The TENANT shall obtain written permission from the Housing Office before installing or causing to be installed any television, satellite dish, radio, stereo, or procure the making of, such alterations and modifications in and additions short-wave antennas to the Airframe building exterior. APPLIANCES: Each apartment is supplied with a stove/oven and Engines as a refrigerator. Charges for replacement of refrigerator drawers, shelves, ice trays, or other items which is beyond the normal wear and tear will be absorbed by the TENANT. Upon approval from the Housing Office you may make a request to house an additional appliance with certain restrictions. ASBESTOS DISCLOSURE: California Assembly Bill 3713 mandates that we notify all students and TENANTS who occupy College buildings of the presence of asbestos in the buildings. While asbestos may be required from time present in the older apartments, it should be underscored that it is not in a location or form that present a danger to time TENANTS who occupy these buildings. Please be assured that we are committed to meet maintaining a safe environment for all TENANTS. BALCONIES/WALKWAYS/PATIOS: Public balconies must not be used as storage areas and must be free of clutter. Open flame and cooking is prohibited on any balcony/walkway/patio. BICYCLES: All bikes must be parked at the standards bike racks located in the parking areas or under the covered stair areas or in the individual patio or balcony areas of the Aviation Authority TENANT’S apartment. CST does not allow bicycles to be left in doorways, walkways, stairways, landings, attached to light posts or any Government Entity having jurisdiction signs, or in any countrycommon areas. TENANTS are responsible and liable for bicycles owned by them and their children. CHECK-IN & CHECK-OUT: Before checking in, statethe Housing Services Coordinator will make sure the apartment is clean. The TENANT will make an appointment with the Director of Housing to check-in to an apartment. Before checking out, county each TENANT must fill out a Notice of Intent to Vacate Form or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins give written notice within thirty (30) days of the Manufacturer. In additionmove-out date, Sublessee mayand must make an appointment with the Director of Housing to schedule a check-out, at its own expensewhich time the TENANT will return all keys, from time to timelaundry cards, makeprovide a forwarding address, or procure the making ofand pay all outstanding balances. The TENANT is responsible for returning all keys, such alterations laundry cards, and modifications in and additions including the making of any improvements a forwarding address to the Airframe or any Engine as Sublessee may deem desirable Housing Office during normal business hours. CHILDREN: Parents are responsible for their children's actions and activities. Children must be accompanied and supervised at all times. Do not leave toys in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedpublic areas.
Appears in 1 contract
Sources: Residential Lease Agreement
Alterations. Sublessee Tenant shall not make any alterations to the Premises or the Business Park without Landlord’s prior written consent which shall not be unreasonably withheld. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, whether or not subject to the approval of Landlord, shall be performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within thirty (30) days before or thirty (30) days after expiration of the Term, elect to require Tenant to remove some or all of the alterations which Tenant may have made to the Premises. If Landlord so elects, Tenant shall at its own expense, make, or procure cost restore the making of, such alterations and modifications in and additions Premises to the Airframe and Engines as may be required from time to time to meet condition designated by Landlord in its election, before the standards last day of the Aviation Authority Term or any Government Entity having jurisdiction within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins writing to Tenant’s alteration of the Manufacturer. In additionPremises, Sublessee may, at its own expense, from time to time, make, or procure Tenant shall contract with a contractor approved by Landlord for the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result construction of such alterationalterations, modification or addition shall be vested in Owner Trustee, subject to the Mortgagesecure all appropriate governmental approvals and permits, and shall forthwith be deemed Part complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. Tenant shall pay all costs for such construction and shall keep the Premises free and clear of the Airframe or such Engineall mechanics’ liens which may result from construction by Tenant. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition Notwithstanding anything in this Lease to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent contrary:
a. Tenant shall not be unreasonably withheld required to remove any improvement or delayedfixture installed by Tenant in, on or about the Premises pursuant to Tenant’s repair obligation under this Lease, and Tenant shall not be required to remove any alterations, improvements, additions or utility installations for which Tenant has obtained Landlord’s consent, unless Landlord has indicated, at the time of granting such consent, that such removal will be required.
b. Tenant shall be entitled to remove Tenant’s furniture, equipment, trade fixtures and other personal property at the expiration of the term, provided Tenant repairs all damages caused by such removal.
c. Tenant shall be entitled to make alterations and utility installations in, on, under or about the Premises without consent of Landlord, so long as the cost of such alteration or utility installation does not (i) exceed the sum of $2,500; (ii) affect the structural or exterior portions of the Building or adversely affect the Building electrical, plumbing or HVAC systems; or (iii) involve the removal or relocation of any walls. Tenant shall, however, provide Landlord fifteen (15) days prior advance written notice and copies of a description of the alteration along with building permit plans(s) and specifications to enable Landlord to post any desired notices of non-responsibility.
Appears in 1 contract
Sources: Lease Agreement (Docent Inc)
Alterations. During the Term, Sublessee shall at its own expensenot make or suffer to be made any alterations, makeadditions, or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe Subleased Premises or any Engine as Sublessee may deem desirable in part thereof without complying with the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature provisions of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish Master Lease and without obtaining the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Sublessor and Landlord, which consent shall not be unreasonably withheld by Sublessor; provided, in the event that Landlord does not give its consent to such a request, Sublessee acknowledges and agrees that it shall be reasonable for Sublessor to withhold its consent to such a request. In the event that Landlord provides its consent to such alterations, additions, or delayedimprovements to the Subleased Premises, Sublessor acknowledges and agrees that it shall be reasonable for Sublessor to provide its consent to such alterations, additions, or improvements provided that if such alterations, additions, or improvements increase Sublessor’s financial obligations under the Master Lease, Sublessee shall be responsible for any additional costs associated with such. Sublessee acknowledges and agrees that in the event it does make any improvement(s) to the Subleased Premises which are not approved in writing by Sublessor and Landlord prior to the installation or construction of such improvement(s), or in which at the time of said improvement(s) Sublessor or Master Landlord provides notice that such improvement(s) shall need to be removed/restored, Sublessee shall be required to remove such improvement(s) at Sublessee’s sole cost and expense and repair all damage caused by the installation or removal of such improvements prior to the expiration of the Term of this Sublease unless Landlord expressly waives in writing this requirement. All improvements or alterations must be performed in conformance with the Lease. In addition, Sublessee shall be responsible for any separately metered electric service or maintenance fees charged by Landlord to Sublessor as a result of such alterations and shall be responsible for any Alterations or Construction Management fee charged by Landlord under the Master Lease.
Appears in 1 contract
Sources: Sublease Agreement (CS Disco, Inc.)
Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord, which consent may in Landlord's sole discretion be withheld. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner, makeerect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building or procure improvements and without overloading or damaging such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the making ofproperty of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if at such alterations time Landlord so elects such alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises, and additions title shall pass to Landlord under this lease as by a ▇▇▇▇ of sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgagelease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this lease or upon earlier vacating of the Airframe or premises it required by Landlord; upon any such Engineremoval Tenant shall restore the premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements within which the premises are situated. If Landlord shall, in its sole discretion, consent to any circumstances alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to pay directly for construction, provide such assurances to Landlord, (including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance) as Landlord shall require to protect Landlord against any alterationloss from any mechanics', modification laborers' or addition to the Aircraft materialmen's liens, or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedliens.
Appears in 1 contract
Alterations. Sublessee Tenant shall at its own expense, make, not make or procure permit any other person to make any alterations to said demised premises without the making of, such alterations written consent of Landlord first had and modifications in and additions obtained. Should Landlord consent to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any alterations to said demised premises by Tenant, the alterations shall be made at the sole cost and expense of Tenant by a contractor or other person selected by Tenant and approved in writing before work commences by Landlord. Any and all alterations, additions, or improvements shall be made by licensed contractors in a workmanlike manner to all building codes in force and at Tenant’s sole cost and expense. During the Term of this Lease and any fixturing period prior to commencement of the Lease Term, if required by Landlord, Tenant shall also provide security for the completion thereof in the form of a bond or other security satisfactory to Landlord. Tenant shall pay and settle all expenses and liabilities arising out of or in any way connected with any and all construction, repairs, alterations or maintenance of the demised premises, and all liens of mechanics and/or material men, and all liens of a similar character, arising out of or growing out of the construction, repair, alterations or maintenance of the demised premises. Prior to the Airframe termination of this Lease or any Engine as Sublessee may deem desirable in extension thereof, Tenant shall be permitted to remove from the proper conduct of its businessdemised premises all Personalty (Tenant’s fixtures, includingfurnishings, inventory and equipment on the demised premises whether nailed, screwed, or otherwise fastened to the demised premises, including without limitation shelving, racks, counters, computer equipment, terminals, satellite dish, building signage, monument and pole sign panels, alarm system, safe, telephone system, and testing equipment, but excluding HVAC equipment and light fixtures (collectively, the “Personalty”)) placed by it or by any subtenant on the demised premises, provided however, Tenant shall repair all damages caused by any such removal of Parts (except for purposes small holes caused by nails, fasteners and the like). Any Personalty not so removed by Tenant prior to termination of this Clause 16.4Lease or any extension thereof, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature become at once a part of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition realty and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added belong to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject Landlord without compensation to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedTenant.
Appears in 1 contract
Sources: Lease (Bank of Commerce Holdings)
Alterations. Sublessee Tenant shall make no changes in or to the demised premises of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this article, Tenant at its own Tenant's expense, makemay make alterations, installations, additions or procure the making ofimprovements which are non-structural and which do not affect utility services or plumbing and electrical lines, such alterations and modifications in and additions or to the Airframe interior of the demised premises by using Contractors or mechanics first approved by Landlord. All fixtures and Engines all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expiration of the lease at Tenant's expense. Nothing in this article shall he construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required from time by Landlord, Tenant shall immediately and at its expense, repair and restore the premises to time the condition existing prior to meet installation and repair any damage to the standards demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the Aviation Authority or any Government Entity having jurisdiction term remaining in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA premises after Tenant's removal shall be deemed abandoned and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at the election of Landlord, either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its own expense, from time obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to timeLandlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such w▇▇▇▇▇▇'▇ compensation, makegeneral liability, personal and property damage insurance as Landlord may require. If any mechanic's lien is filed against the demised premises, or procure the making ofbuilding of which the same forms a part, such alterations and modifications in and additions including the making of any improvements for work claimed to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000have been done for, or alter materials furnished to, Tenant, whether or not done pursuant to this article, the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition same shall be vested in Owner Trusteedischarged by Tenant within ten days thereafter, subject to at Tenant's expense, by, filing the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be bond required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedby law.
Appears in 1 contract
Alterations. Sublessee Tenant shall at its own expensenot make or permit any other improvements, makealterations, fixed decorations, substitutions or procure the making ofmodifications, such alterations and modifications in and additions structural or otherwise, to the Airframe Premises (“Alterations”) without the prior written approval by Landlord of complete and Engines as final plans and specifications prepared and submitted by Tenant, which approval may not be required unreasonably withheld, conditioned or delayed. All Alterations shall be made by Landlord or Tenant’s contractor (which has been approved by Landlord) at Tenant’s sole cost, payable by Tenant only after Tenant has obtained all necessary permits from governmental authorities for the Alterations. Notwithstanding anything to the contrary contained in this Section, Tenant shall have the right from time to time and at any time, without Landlord’s consent, to meet perform the standards following work within the Premises, provided such work does not affect the base building structure or systems, including but not limited to, the HVAC, mechanical, electrical and plumbing systems: (i) install, remove and relocate nonstructural office partitioning, (ii) paint and install wall coverings, (iii) install and remove office furniture, (iv) relocate electrical outlets, (v) install and remove work stations, (vi) install and remove Tenant’s equipment (including office equipment and laboratory equipment and instruments used in the operation of Tenant’s business) and perform cable pulls in connection therewith, and (vii) install and remove carpeting and other floor coverings. If any mechanic’s lien is filed against the Premises for work or materials furnished to Tenant (other than by Landlord) the lien shall be discharged by Tenant within thirty (30) days after Tenant receives written notice of the Aviation Authority or any Government Entity having jurisdiction in any countrylien, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, solely at its own Tenant’s expense, from time by either paying off or bonding off the lien. Should Tenant fail to timedischarge any lien within thirty (30) days of Tenants receipt of notice of its filing, makethen, in addition to Landlord’s other remedies, Landlord shall have the right, but not the obligation, to discharge said lien at Tenant’s expense and Tenant shall pay on demand, as Additional Rent, any amount plus the Default Rate paid by Landlord for the discharge or procure the making of, such alterations and modifications in and additions including the making satisfaction of any improvements to the Airframe or any Engine as Sublessee may deem desirable such liens, and all attorney’s fees and other costs and expenses of Landlord reasonably incurred in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or defending any such Engine, action or impair in obtaining the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result discharge of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedlien.
Appears in 1 contract
Alterations. Sublessee may make the alterations described on Exhibit C attached hereto provided that the Prime Landlord consents to such alterations with no obligation on the part of Sublessor to restore the Sublet Premises upon expiration or termination of the Prime Lease. Sublessee shall at its own expensenot make any other alterations, make, additions or procure the making of, such alterations and modifications in and additions improvements to the Airframe and Engines as may be required from time to time to meet Sublet Premises without the standards prior written consent of the Aviation Authority or any Government Entity having jurisdiction in any countrySublessor; provided, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In additionhowever, Sublessee may, without the consent of Sublessor, but at its own expensecost and expense and in a good workmanlike manner, from time to timemake such minor alterations, makeadditions or improvements or erect, remove or alter such partitions, or procure erect such racks, shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the making ofbasic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Sublessee shall make any such alterations, additions and improvements in compliance with applicable law and shall be responsible for obtaining necessary permits and any necessary consent of the Prime Landlord. All alterations, additions, improvements and partitions erected by Sublessee shall be and remain the property of Sublessee during the term of this Sublease and Sublessee shall, unless Sublessor otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Sublessee and restore the Sublet Premises to their original condition by the date of termination of this Sublease; provided, however, that if Sublessor so elects prior to termination of this Sublease, such alterations alterations, additions, improvements and modifications in partitions shall become the property of Sublessor as of the date of termination of this Sublease and additions including the making of any improvements shall be delivered up to the Airframe or any Engine as Sublessor with the Sublet Premises. All racks, shelves, bins, machinery and trade fixtures installed by Sublessee may deem desirable in be removed by Sublessee prior to the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublease if Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgageso elects, and shall forthwith be deemed Part removed if required by Sublessor; upon any such removal Sublessee shall restore the Sublet Premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to buildings and other improvements situated on the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedSublet Premises.
Appears in 1 contract
Alterations. Sublessee (a) Tenant will not make or suffer to be made any alterations, additions or improvements in excess of $5,000.00 excluding the initial Tenant Improvements (collectively “Alterations”) to or upon the Premises, the Building, or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord’s written approval. Tenant will provide Landlord with three detailed drawings of Tenants desired Alterations for approval prior to any Alterations being started. When approved, Landlord will return one copy of the drawings to Tenant with Landlords signature of approval. Any Alterations to or upon the Premises shall be made by Tenant, at its own Tenant’s sole cost and expense, makeprovided that any architect and or contractor selected by Tenant to make the same shall be subject to Landlord’s reasonable prior written approval. All Alterations which are permanent in character, including wiring for phone, computer, cabling, or procure other networks, made in or upon the making ofPremises either by Tenant or Landlord, may at the option of Landlord, become Landlord’s property and, at the end of the term or any extension hereof, shall remain on the Premises without compensation to Tenant, unless Landlord request that Tenant remove any such alterations Alterations. Notwithstanding the above, Tenant’s work stations, trade fixtures, furniture, equipment, telecommunications, data and modifications in network equipment and additions switches and other items of personal property brought onto the Premises shall not constitute Alterations hereunder and shall remain Tenant’s property upon the expiration or earlier termination of this Lease.
(b) All Alterations shall, when completed, be of such a character as not to lessen the Airframe and Engines value of the Premises or such improvements as may be required from time located thereon. Any Alterations shall be made promptly and in a good workmanlike manner, and in compliance with all applicable permits, building and zoning laws, and with all other laws, ordinances, orders, rules, regulations and requirements of all applicable federal, state and municipal governments, departments, commissions, boards and offices. The costs of any such Alterations shall be paid by Tenant, such that the Premises be free of liens, for services performed, labor and material supplied or claimed to time have been supplied. Before any Alterations shall be commenced, Tenant shall pay any increase in premiums on insurance policies (provided for herein) or ensure adequate coverage is in place for all risks related to meet the standards construction of such Alterations and the increased value of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedPremises.
Appears in 1 contract
Alterations. Sublessee shall Except for the Tenant Improvements, Tenant will not make any alterations, additions or improvements to the Premises (including, but not limited to, roof and wall penetrations without the prior written consent of Landlord (not to be unreasonably withheld, or delayed). Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner, makeerect such shelves, bins, machinery, movable lab benches, equipment, trade fixtures (defined as any fixtures used by Tenant in its specific business and not paid for by Landlord) and other non-structural interior improvements as it may deem advisable, without altering the basic character or structure of the Premises or improvements and without overloading or damaging the Premises or Building, and in each case complying with all Applicable Laws. Tenant will not make any alterations, additions or improvements to the Premises which will contravene Landlord’s policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or procure which will prevent Landlord from securing such policies in companies reasonably acceptable to Landlord. If any such alterations, additions or improvements cause the making of, such alterations and modifications in and additions rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the Airframe and Engines as may be required minimum rate from time to time applicable to meet the standards Premises for permitted uses thereof (as reasonably documented by Landlord), Tenant will pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. Within thirty (30) days receipt of reasonable documentation from Landlord following the completion of any alteration, addition, or improvement at the Premises by Tenant that requires the prior consent of Landlord, Landlord Any and all alterations, additions, improvements, partitions and fixtures erected by Tenant will be the property of Landlord and will remain at the Premises upon termination of the Aviation Authority Lease or upon earlier vacating of the Premises. All shelves, bins, machinery, trade fixtures, and other interior non-structural improvements installed by Tenant will remain the personal property of Tenant and may be removed by Tenant prior to the termination of this Lease provided such removal may be accomplished without damage to the Premises or Building that cannot be repaired by Tenant as set forth in this subparagraph. Prior to vacating the Premises, Tenant will repair any damage to the Premises or Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, or any Government Entity having jurisdiction in Tenant Party. Should Tenant fail to conduct any countrysuch repair within ten (10) days of written notice from Landlord, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee Landlord may, at its own expenseoption, from time perform same, and Tenant will remit payment to timeLandlord for the actual cost and expense incurred by Landlord in effecting such repair promptly upon demand. Tenant will have no authority, makeexpress or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or procure in any manner to bind, the making of, such alterations and modifications interest of Landlord in and additions including the making Premises or to charge the rentals payable hereunder for any claim in favor of any improvements person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim will affect and each such lien will attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Airframe Premises at the request of Tenant on which any lien is or any Engine as Sublessee may deem desirable can be validly and legally asserted against its leasehold interest in the proper conduct Premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of its businessasserted claims or liens against the leasehold estate or against the right, including, removal title and interest of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use Landlord in the Airframe Premises or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by under the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedLease.
Appears in 1 contract
Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in premises (including but not limited to roof and wall penetrations) without the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall of Landlord. Such consent may not be unreasonably withheld or delayeddenied. Landlord agrees to grant such consent or deny same with reasons, within fifteen (15) days following its receipt of Tenant's request therefor, together with plans and specs of such improvements, by written notification. The failure of Landlord to timely do so shall be deemed to be its consent. If consent is timely denied, Landlord and Tenant agree to work in good faith to satisfy both parties' needs. 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 building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease, and Tenant shall, unless Landlord otherwise elects, as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease, if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the premises.
Appears in 1 contract
Sources: Lease Agreement (Conns Inc)
Alterations. Sublessee Tenant shall make no changes in or to the demised premises of any nature without Owner's prior written consent. Subject to the prior written consent of Owner, and to the provisions of this article, Tenant, at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises by using contractors or mechanics first approved in each instance by Owner. Tenant shall, before making any alterations, additions, installations or improvements, at its own expense, makeobtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or procure the making ofbuilding of which the same forms a part, such alterations for work claimed to have done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within 30 days thereafter, at Tenant's expense, by payment or filing the bond required by law. All fixtures and modifications all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of Owner and additions shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the Airframe date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and Engines to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installation as may be required from time by Owner, Tenant shall immediately and at its expense, repair and restore the premises to time the condition existing prior to meet installation and repair any damage to the standards demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the Aviation Authority or any Government Entity having jurisdiction term remaining in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA premises after Tenant's removal shall be deemed abandoned and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own the election of Owner, either be retained as Owner's property or may be removed from the premises by Owner at Tenant's expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayed.
Appears in 1 contract
Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in good workmanlike manner erect such shelves, makebins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or procure Development and without overloading the making offloor or damaging such Building or Development, such alterations and modifications in each case after complying with all applicable governmental laws, ordinances, regulations and additions other requirements, All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageLease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this Lease or upon earlier vacating of the Airframe or Premises if required by Landlord; upon any such Engineremoval Tenant shall restore the Premises to their original condition. Neither Owner Trustee, Lender nor Sublessor Al1 such removals and restoration shall be required under any circumstances accomplished in a good and workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural quality of the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedBuilding.
Appears in 1 contract
Sources: Lease Agreement (Netspeak Corp)
Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in Premises (including but not limited to roof, floor and wall penetrations) without the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld, delayed or delayed.conditioned. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord, or, at Landlord's sole option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof, including a fee of fifteen percent (15%) of such cost to cover Landlord's overhead, within twenty (20) days after written notification of Tenant by Landlord providing Tenant with an invoice or other request (or statement). Promptly after completion of any alterations, additions, or improvements to the Premises made by Tenant, Tenant shall supply Landlord with a set of scaled and dimensioned, reproducible mylars of "as-built" plans for such alterations, additions or improvements, certified by Tenant's architect or space planner. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good and workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the Building or improvements and without overloading or damaging the Building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other
Appears in 1 contract
Sources: Lease Agreement (Inhibitex Inc)