Common use of Alterations Clause in Contracts

Alterations. Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 5 contracts

Samples: Lease Agreement (ConversionPoint Holdings, Inc.), Lease Agreement (ConversionPoint Holdings, Inc.), Lease Agreement (ConversionPoint Holdings, Inc.)

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Alterations. Except as may be otherwise provided in this Lease as to initial Tenant improvements in accordance with Exhibit 4. Tenant shall make no alterationsnot, additionswithout Landlord's prior written consent, decorationspermit any alteration, improvement, addition or improvements installation in or to the Premises (all of which is collectively referred to as “Alterations”) "Work"), including installation of telephone, computer or internal sound or paging systems or other similar systems, or the performance of any decorating, painting and other similar work in the Premises. In the event Landlord consents to any Work, Landlord reserves the Premises without the prior written consent of right to cause such Work to be performed by contractors and subcontractors designated by Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits pay the cost of preparation of the plans for the Alterations Work, all permit fees and the fees of said contractors and subcontractors. Except with respect to Work performed by Landlord's designated contractor as general contractor, Tenant shall perform pay to Landlord's then applicable construction supervision fee. Before commencement of any Work or delivery of any materials into the work in compliance with all applicable lawsPremises or the Building, regulations Tenant shall furnish to Landlord, for its prior written approval, which approval shall not be unreasonably withheld or delayed, architectural plans and ordinances with contractors specifications certified by a licensed architect or engineer reasonably acceptable to Landlord, and such other documentation as Landlord shall reasonably request. Tenant agrees to hold Landlord, its beneficiaries and their respective agents, partners, officers, servants and employees forever harmless against all claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with any such Work, except to the extent caused by Landlord's gross negligence. At the request of Landlord, Tenant will deliver a written indemnity against claims or damages to tenants or occupants of any other premises affected by such Work. Tenant shall pay Landlord's reasonable costs of reviewing plans and materials submitted to Landlord for approval. Tenant shall pay the cost of all such Work and the cost of decorating and altering the Premises and the Building occasioned by any such Work. Landlord shall have the right to require Tenant to deliver to Landlord cash or other security in an amount and form acceptable to Landlord be entitled held in escrow by Landlord to a supervision fee in the amount of 5% of assure prompt payment for the cost of the Alterationsany such Work and to require Tenant's contractors to evidence workxxx'x xxxpensation, general liability and other insurance coverage, as reasonably required by Landlord. Landlord may elect All alterations, improvements, additions and installations to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided or in the Work Letter), but excluding moveable trade fixtures and furniture, Premises shall become the property part of Landlord. Such Alterations shall be surrendered with the Premises at the end time of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedinstallation.

Appears in 4 contracts

Samples: Office Lease (Pegasus Systems Inc), Office Lease (Pegasus Systems Inc), Office Lease (Pegasus Systems Inc)

Alterations. Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, and utilize only building standard materials. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all work affecting the mechanical or electrical systems of the Building. Should Tenant perform any work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations work and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5% %) of the cost of the Alterationswork. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. In no event shall Tenant prosecute any alteration work that results in picketing or labor demonstrations in or about the Building or Project. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations work proposed by Tenant and consented to by Landlord change modify the floor plan internal configuration of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord’s consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”)request. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt payment from Tenant of the cost thereof, inclusive of the standard coordination fee of Landlord’s management agent.

Appears in 4 contracts

Samples: Office Space Lease, Office Space Lease (United Business Holdings, Inc), Office Space Lease (United Business Holdings, Inc)

Alterations. a. At any time and from time to time, Tenant, at Tenant’s cost and expense, may make such structural and non-structural alterations and additions to the Leased Premises as Tenant desires, provided that any such alteration or addition when completed shall be of such character as not to diminish the structural integrity of the Building. Any alterations or additions to the Leased Premises shall comply with all state and local building codes, laws and ordinances. No alterations or additions shall unreasonably diminish the utilities and building components that service the Leased Premises and the building. Title to any alterations or additions (other than Trade Fixtures) made by Tenant shall make no alterationsvest in Landlord, additions, decorations, or improvements (collectively referred to and Tenant shall deliver such documents of conveyance thereof as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises request at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, expiration or sooner termination date of this Lease, all Landlord shall cooperate at no out of pocket cost to Landlord in securing necessary permits and approvals. Tenant shall not permit any mechanics’ or other liens to stand against the Leased Premises for work or material furnished Tenant. b. Landlord covenants and agrees that Landlord shall not make any Alterations alterations or additions to the Leased Premises without Tenant’s written consent. Landlord shall not permit any mechanics’ or other liens to stand against the Leased Premises for work or material furnished to Landlord. c. Landlord acknowledges and agrees that Tenant’s Trade Fixtures may be leased from an equipment lessor and that Tenant may execute and enter into an equipment lease with respect to such Trade Fixtures. Landlord shall execute and deliver a document commercially reasonably acceptable to Landlord in which Landlord: (including without limitation all telephone i) acknowledges and data cabling) installed either by Tenant agrees that the Trade Fixtures constitute the personal property of Tenant, and shall not be considered to be part of the Building or Premises, regardless of whether or by Landlord at Tenant’s request what means they become attached thereto; (collectivelyii) agrees that it will not claim any interest in such Trade Fixtures; (iii) agrees that any equipment lessor may enter the Building or Premises for the purpose of exercising any right it may have under the provisions of any equipment lease, including the “Required Removables”). In connection with its removal of Required Removablesright to remove such Trade Fixtures, Tenant shall provided that such equipment lessor agrees to repair any damage to resulting from such removal; and (iv) any such other provisions as may be common and reasonable. Landlord waives any statutory landlord’s lien and any attachment for rent on the Premises arising from Trade Fixtures that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedLandlord may have or may hereafter acquire.

Appears in 3 contracts

Samples: Lease (Natural Grocers by Vitamin Cottage, Inc.), Lease (Natural Grocers by Vitamin Cottage, Inc.), Lease (Natural Grocers by Vitamin Cottage, Inc.)

Alterations. Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s 's designated mechanical and electrical contractors, contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the Alterations work and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5% %) of the cost of the Alterationswork. Landlord may elect to cause its architect to review Tenant’s architectural plans, and Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the reasonable cost of that review Premises. Any request for Landlord's consent shall be reimbursed by Tenant. Should made in writing and shall contain architectural plans describing the Alterations proposed by Tenant and consented work in detail reasonably satisfactory to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord's consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s 's request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall and to repair any damage to the Premises arising from that removal removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall restore the affected area be entitled to its pre-existing condition, reasonable wear and tear exceptedprompt reimbursement from Tenant for all costs incurred.

Appears in 3 contracts

Samples: Assignment of Lease (Imperial Credit Commercial Holdings Inc), Office Space Lease (Myers Steven & Associates Inc), Office Space Lease (Pharmaprint Inc)

Alterations. Tenant shall will not make no any modifications, improvements, alterations, additionsadditions or installations (collectively, decorations, or improvements (collectively referred to as “Alterations”) without Landlord’s prior written consent, which consent will not be unreasonably withheld; provided that Landlord’s consent will not be required for Alterations that do not affect the mechanical, electrical, plumbing, exterior (including, without limitation, the roof membrane) or structural systems of any Buildings and that cost less than $50,000.00 (“Minor Alterations”) so long as Tenant provides prior written notice to Landlord detailing the type and scope of such Minor Alterations (a “Minor Alterations Notice”). Landlord will respond to any written Tenant request for consent to Alterations within 10 business days after Landlord’s receipt of such notice, or if Landlord fails to respond within such 10-business day period, Landlord will be deemed to have granted its consent to such request. Landlord will have the right to post notices of non-responsibility or similar notices on the Premises in order to protect the Premises against any liens resulting from such Alterations or Minor Alterations. Tenant agrees not to allow such notices to be removed or defaced. Tenant agrees to indemnify, defend and hold Landlord harmless from any and all Claims which may arise out of or be connected in any way with any Alterations (including Minor Alterations) to the Premises without performed by or at the prior written consent request of LandlordTenant. Landlord may imposeAbsent an agreement by the parties to the contrary, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of will pay the cost of all Alterations (including Minor Alterations). Upon completion of the applicable Alterations, Tenant will furnish Landlord with contractor’s affidavits that include full and final waivers of liens for all amounts due for labor and materials in connection with the applicable Alterations. Landlord may elect to cause its architect to review TenantIn the case of any Alterations that require Landlord’s architectural plansconsent, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish will also provide Landlord with as-built drawings plans and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property specifications of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Termas altered by such Alterations, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any if any. All Alterations (including without limitation Minor Alterations) will comply with all telephone applicable Laws and data cabling) installed either by Tenant will be constructed in a good and workmanlike manner, using materials of good quality and free and clear of all liens or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedclaims therefor.

Appears in 3 contracts

Samples: Lease Agreement (Andina II Holdco Corp.), Lease Agreement (Andina II Holdco Corp.), Lease Agreement (Andina II Holdco Corp.)

Alterations. Tenant shall make Except for those items specified elsewhere herein, no alterations, additions, decorations, additions or improvements (collectively referred to as hereinafter “Alterations”) to the Premises shall be made by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld. Landlord shall not be deemed unreasonable for withholding its consent to any Alteration which may imposeaffect the structural, as a condition mechanical, exterior or common facilities of the Building, nor for making its approval conditional upon Tenant’s agreement to restore the Premises at the expiration or earlier termination of the Term to its consentcondition prior to such Alteration. All work done in connection with any Alteration shall be done in a good and workmanlike manner employing materials of good quality and in compliance with laws, any requirements that Landlord in its discretion may deem reasonable or desirablerules, orders and regulations of governmental authorities having jurisdiction thereof, by contractors approved by Landlord. Tenant shall use be responsible that its contractors abide by all reasonable procedures, rules and regulations as promulgated by Landlord. All Alterations shall be performed in such a manner so as to maintain harmonious labor relations and not to damage the Building or unreasonably interfere with the construction or operation of the Building. Tenant shall indemnify and hold Landlord harmless from additional costs incurred in supplying service or repairing damage caused by Tenant’s contractors. Tenant shall cause each contractor to carry workmen’s compensation insurance in statutory amounts covering the employees of all contractors and subcontractors, and comprehensive general liability insurance with such limits as Landlord may reasonably require from time to time during the Term of this Lease, but in no event less than the minimum amount of comprehensive general liability insurance Tenant is required to maintain as set forth in Article 11 hereof (all such insurance to be written in companies reasonably approved by Landlord and insuring Landlord, Landlord’s designated mechanical mortgagee and electrical Tenant as well as the contractors, obtain ) and to deliver to Landlord certificates of all required permits for the Alterations and such insurance prior to commencement of any work. Any Alteration made by Tenant after such consent shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural planshave been given, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant any fixtures installed as part thereof shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writingoption, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with Landlord upon the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, expiration or other sooner termination date of this Lease. If Landlord shall fail to exercise such option, all or any Tenant shall remove such Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”)cost upon expiration or termination of this Lease. In connection with its removal of Required Removables, Tenant shall repair any damage to yield up the Premises arising from that removal in good order and shall restore the affected area to its pre-existing conditionrepair, reasonable wear and tear and damage by fire or casualty excepted.

Appears in 3 contracts

Samples: Assignment, Assumption, Amendment and Consent, Assignment, Assumption, Amendment and Consent (Paratek Pharmaceuticals, Inc.), Assignment, Assumption, Amendment and Consent (Paratek Pharmaceuticals Inc)

Alterations. Tenant shall not make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) any alterations to the Premises other than Tenant's initial Tenant Improvements per Exhibit F, or to the Project, including any changes to the existing landscaping, without the Landlord's prior written consent, which shall not be unreasonably withheld, delayed or conditioned for alterations not affecting structural elements or materially altering Building systems. If Landlord gives its consent of Landlord. to such alterations, Landlord may impose, as a condition to its consent, any requirements that Landlord post notices in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for accordance with the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% laws of the cost of state in which the Alterationspremises are located. Landlord may elect to cause its architect to review Tenant’s architectural plans, Any alterations made shall remain on and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end upon expiration or termination of the Termthis Lease, except that Landlord may, by notice on or before expiration of the term, elect to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by any alterations which Tenant may have made to the Expiration DatePremises. At the time Tenant submits plans for alterations to Landlord for Landlord's approval, or sooner Tenant may request that Landlord elect whether such alterations shall be removed at the termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by if so requested, Landlord shall make such election simultaneous with its approval of the alterations. If Landlord elects to require removal of the alterations, then at its own cost Tenant or shall restore the Premises to the condition designated by Landlord at in its election, before the last day of the term or within 30 days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant’s request (collectively, 's alteration of the “Required Removables”). In connection with its removal of Required RemovablesPremises, Tenant shall repair any damage to contract with a contractor reasonably approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications reasonably approved by Landlord. All work performed shall be done in workmanlike manner and with material (when not specifically described in the plans and specifications) of the quality and appearance customary in the trade for first-class construction of the type in which the Premises arising from that removal are located. All such construction shall be performed in a manner which will not interfere with the quiet enjoyment of other tenants of the Project. Tenant shall pay all costs for such construction and shall restore keep the affected area Premises and the Project free and clear of all mechanics' liens which may result from construction by Tenant. If requested by Landlord, Tenant shall post a bond or other security reasonably satisfactory to its pre-existing condition, Landlord to protect against liens. Tenant will pay directly or reimburse Landlord for any reasonable wear and tear exceptedcost incurred by Landlord in reviewing plans and/or monitoring construction.

Appears in 2 contracts

Samples: Office Lease Agreement (F5 Networks Inc), Office Lease Agreement (F5 Networks Inc)

Alterations. a. Tenant shall not make no any alterations, additions, decorations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. All Alterations erected by Tenant shall use Landlord’s designated mechanical be and electrical contractorsremain the property of Tenant during the Term, obtain all required permits for the Alterations and shall perform be removed by Tenant from the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable Premises prior to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% Tenant’s vacation of the cost of Premises. Notwithstanding the Alterations. foregoing, if Landlord may elect so elects prior to cause its architect to review the Expiration Date or Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan earlier vacation of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all such Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations , at no cost or expense to Landlord, and shall be surrendered delivered to Landlord with the Premises. b. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good and workmanlike manner, erect such shelves, bins, machinery and trade fixtures within the Premises at as it may deem advisable (collectively “Tenant’s Personal Property”), without altering the end basic character of the TermBuildings or improvements and without overloading or damaging the Buildings or improvements, except that Landlord may, and in each case in compliance with all Laws. All of Tenant’s Personal Property shall be removed by notice to Tenant given at least 30 days prior to Tenant’s vacation of the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either Premises. c. Upon removal by Tenant or by Landlord at of all Alterations, if applicable, and Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required RemovablesPersonal Property, Tenant shall repair any damage to restore the Premises arising from that removal and shall restore the affected area to its pre-existing their original condition, reasonable wear and tear excepted. 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 within the Premises.

Appears in 2 contracts

Samples: Lease Agreement (RHINO BIOTECH LTD), Lease Agreement (RHINO BIOTECH LTD)

Alterations. Except for cosmetic alteration projects that do not exceed $50,000.00 during each calendar year and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, decorations or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datetime of Landlord’s approval of any Alterations, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Landlord agrees that the Tenant Improvements as and to the extent set forth in the Plan and Cost Estimate referenced in Exhibit X shall not constitute Required Removables.

Appears in 2 contracts

Samples: Lease (MDxHealth SA), Lease (MDxHealth SA)

Alterations. Tenant Subject to the requirements of Section 12 of the Primary Lease, provided that Subtenant submits reasonably detailed plans therefor to Sublandlord and to Primary Landlord at least fifteen (15) business days before the commencement of construction, Subtenant shall be entitled to make interior, non-structural alterations to the Sublease Space from time to time, including, without limitation, the removal or relocation of interior, non-load bearing walls and partitions. Subtenant shall make no alterations, additions, decorations, structural or improvements (collectively referred to as “Alterations”) exterior changes or alterations to the Premises Sublease Space without the prior written consent of LandlordPrimary Landlord and Sublandlord. The consent of Sublandlord shall not be unreasonably withheld or delayed. Subtenant shall, prior to the expiration or earlier termination of this Sublease, at its sole expense, restore the Sublease Space to the condition that existed prior to the making of any alterations made by Subtenant (ordinary wear and tear and any alterations consented to by Primary Landlord may imposeand Sublandlord excepted, as unless such restoration was a condition to such consent), if then requested to do so by Sublandlord and Primary Landlord. This obligation of restoration shall expressly survive the expiration or earlier termination of this Sublease. Any work performed by Subtenant, or at its consentinstance, in the Sublease Space shall be done in good and workmanlike manner using materials of the same quality as used by the Primary Landlord in constructing the building on the Primary Property. Subtenant shall not, at any time, permit any work to be performed in the Sublease Space, except by duly licensed contractors or artisans, each of whom must carry adequate workmen’s compensation insurance, general public liability insurance, and “all-risk” builders risk insurance, certificates of which shall be furnished to Primary Landlord and Sublandlord prior to commencement of any such work. Subtenant shall keep the Sublease Space free and clear of all mechanic’s liens arising out of any work performed or alleged to be performed for or at the request of Subtenant or its agents or subtenants. Nothing contained in this Sublease shall constitute any consent or request by Primary Landlord or Sublandlord, express or implied, for the performance of any labor or services, or the furnishing of any materials or other property in respect to the Sublease Space, or any part thereof, nor as giving Subtenant any right, power or authority to contract for, or permit the performance of, any requirements that labor or services, or the furnishing of any materials or other property, in such fashion as would permit the making of any claim against the Primary Landlord in its discretion may deem reasonable and Sublandlord or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee their respective interests in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees Property in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”)respect thereof. In connection with its removal the event such work results in a claim of Required Removableslien, Tenant Subtenant shall repair any damage to the Premises arising hold Primary Landlord and Sublandlord harmless from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedsuch lien or claim of lien.

Appears in 2 contracts

Samples: Sublease, Sublease (Trimeris Inc)

Alterations. Tenant All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall make no become the property of the Landlord and shall remain upon and be surrendered with the leased premises as a part of thereof on this lease. Such alterations, additions, decorations, or and improvements (collectively referred to as “Alterations”) to the Premises without may only be made with the prior written consent of Landlord, which consent shall not be unreasonably withheld. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits If consent is granted for the Alterations making of improvements or alterations to the leased premises, such improvements and alterations shall perform 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 work leased premises in compliance connection with all applicable lawsthe making of such improvements or alterations. No cooling tower, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord equipment, or structure of any kind shall be entitled to a supervision fee in placed on the amount of 5% of roof or elsewhere on the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed leased premises by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property prior written permission of Landlord. Such Alterations If such permission is granted, such work or installations shall be surrendered with done at Tenant's expense and in such a manner that the Premises roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made, Tenant shall promptly repair at its expense any damages resulting from such removal. At the end termination of this lease Tenant shall deliver the Termleased premises in good order and condition, except that Landlord may, natural deterioration only excepted. Any damage cause by notice to Tenant given the installation or removal of trade fixtures shall be repaired at least 30 days Tenant's expense prior to the Expiration Dateexpiration of the lease term. All alterations, require Tenant to remove improvements, additions, and repairs made by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal be made in good and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedworkmanlike manner.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Cobra Financial Services Inc), Commercial Lease Agreement (Cobra Financial Services Inc)

Alterations. Landlord shall: improve exterior courtyard in its sole discretion; install French style double doors with glass (or similar) to replace solid double doors currently installed on courtyard side of Leased Premises and reinstall door or window (that is currently boarded up) on courtyard side of Leased Premises. Tenant shall improve the bathroom and kitchen area of the leased premises, at Tenant’s expense and subject to Landlord’s written approval. In lieu of a Tenant Improvement Allowance, Landlord shall provide Tenant with a three month abatement of rent only. Taxes and Insurance shall not be abated. Tenant shall make no alterations, additions, decorations, other alterations or improvements (collectively referred to as “Alterations”) to the Leased Premises without the prior advance written consent permission of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical provide Landlord with a detailed description of any such alterations or improvements and electrical contractors, obtain all required permits for the Alterations and Tenant shall perform not commence work until Landlord has approved the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlordwriting. Landlord shall be entitled to a supervision fee Should any addition or alteration made by Tenant cause any increase in the amount of 5% of insurance rate on the cost of premises, Tenant shall pay such increase in addition to the Alterationsagreed monthly rental amount. Landlord may elect Any such additions or changes made to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed premises by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises , at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all without any right of reimbursement therefor. Tenant shall promptly remove any items belonging to Tenant and repair or replace in a like condition the Leased Premises on or before the expiration of this Lease, or any Alterations (including without limitation all telephone and data cabling) installed either extension or renewal thereof. Any alterations or additions made by Tenant or by Landlord at Tenant’s request (collectivelyto the Leased Premises shall be performed in a good and workmanlike manner, the “Required Removables”)in compliance with all governmental requirements and permits. In connection with its removal of Required Removables, Tenant shall repair any damage secure sufficient builders risk, liability and workers compensation insurance, naming Landlord as an additional insured and provide proper evidence of such insurance coverage to the Premises arising from that removal and shall restore the affected area to its preDocuSign Envelope ID: CF34738C-2DF5-existing condition, reasonable wear and tear excepted.4E6D-861A-E373C468AB8F

Appears in 2 contracts

Samples: Triple Net Commercial Lease Agreement (Digital Brands Group, Inc.), Triple Net Commercial Lease Agreement (Digital Brands Group, Inc.)

Alterations. Except for Pre-Approved Alterations, Tenant shall will not make no or suffer to be made any major alterations, additions or improvements to or of the Demised Premises or any part of the Demised Premises, or attach any fixtures or equipment to the Demised Premises, without first obtaining Landlord’s written consent. All such alterations, additions and improvements consented to by Landlord will be performed by contractors and subject to conditions specified by Landlord (which may include Landlords approval of Tenants contractors, requiring the posting of a mechanic’s or materialmen’s xxxx xxxx, Insurance naming Landlord as “Additional Insured”). Subject to Tenant’s rights in Article 16.00, all alterations, additions, decorationsfixtures and improvements, whether temporary or improvements (collectively referred to as “Alterations”) to permanent in character, made in or upon the Demised Premises without the prior written consent of either by Tenant or Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use will immediately become Landlord’s designated mechanical property and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord mayTerm will remain on the Demised Premises without compensation to Tenant. Other than Pre-Approved Alterations, by notice given to Tenant given at least 30 no less than ten (10) days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date expiration of this Lease, Landlord may require that Tenant remove any or all alterations, additions, fixtures and improvements which are made in or any Alterations (including without limitation all telephone upon the Demised Premises after the initial improvements to the Demised Premises unless specified to the contrary they shall be removed by Tenant. In that event, Tenant will remove such alterations, additions, fixtures and data cabling) installed either by Tenant or by Landlord improvements at Tenant’s request (collectively, sole cost and will restore the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage Demised Premises to the Premises arising from that removal condition in which they were before such alterations, additions, fixtures, improvements and shall restore the affected area to its pre-existing conditionadditions were made, reasonable wear and tear excepted. For the purposes of this Lease, Pre-Approved Alterations shall mean those alternations described in the Tenant’s Work Exhibit attached hereto as Exhibit C. Such Pre-Approved Alterations are hereby approved by the written consent of the Landlord and shall not require removal at the expiration of this Lease.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Acacia Communications, Inc.)

Alterations. Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datetime of Landlord’s approval, require Tenant to remove by the Expiration Date, Date or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cablingany Tenant Improvements constructed pursuant to the Work Letter) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Lease (Medicinova Inc), Lease (Acacia Research Corp)

Alterations. Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. If any such improvement requires approval by or notice to the lessor of a superior lease or the holder of a mortgage, no work shall proceed until such approval has been received or such notice has been given. Landlord may impose, as a condition to its consent, any requirements that Landlord Landlord, in its discretion discretion, may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time and contractor for performance of the work. Landlord may require that Tenant enter into an agreement with Landlord for the work to be performed by Xxxxxxxx's contractor, in which event Tenant shall use pay to Landlord’s designated mechanical and electrical contractors, the cost of construction as incurred by Landlord. Should Landlord authorize Tenant to perform the work with a contractor approved by Landlord, Tenant shall obtain all required permits for the Alterations work and shall perform the work in `compliance with all applicable laws, regulations and ordinances with contractors ordinances. of Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Xxxxxxxx's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably acceptable satisfactory to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord's consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, Date or sooner termination date of this Lease, Lease all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s request (collectively's request, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall and to repair any damage to the Premises arising from that removal removal. Landlord may require Tenant to remove an improvement provided its part of the initial build-out pursuant to Exhibit H, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Within thirty (30) days after completion of Tenant's alterations requiring the submission of plans to Landlord, Tenant shall restore the affected area furnish to its preLandlord a complete set of "as-existing condition, reasonable wear built" plans and tear exceptedspecifications.

Appears in 2 contracts

Samples: Assignment of Lease (Xoom Inc), Assignment of Lease (NBC Internet Inc)

Alterations. Tenant shall may not make no any changes, additions, alterations, improvements or additions to the Premises or attach or affix any articles thereto without Landlord’s prior written consent. All alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to which may be made upon the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then or Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable unattached trade fixtures and furnitureoffice furniture and equipment owned by Tenant) shall not be removed by Tenant, but shall become and remain the property of Landlord. Such Alterations All alterations, improvements, and additions to the Premises (as permitted by Landlord) shall be surrendered with done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. If Tenant shall make any alterations, improvements or additions to the Premises Premises, Landlord may require Tenant, at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date expiration of this Lease, all to restore the Premises to substantially the same condition as existed at the commencement of the Term. Any mechanics or any Alterations (including without limitation all telephone and data cabling) installed either materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or by (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s request expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within ten (collectively, the “Required Removables”). In connection with its removal 10) days following Tenant’s receipt of Required Removables, Tenant shall repair any damage to the Premises arising a xxxx from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedLandlord.

Appears in 2 contracts

Samples: Medical Office Building Lease (LifeCare Holdings, Inc.), Medical Office Building Lease (LifeCare Holdings, Inc.)

Alterations. Tenant shall make no alterations, additions, decorations, not permit alterations in or improvements (collectively referred to as “Alterations”) to the Leased Premises without unless and until the prior written consent plans and the contractor have been approved by Landlord in writing. As a condition of Landlord. ’s approval, Landlord may imposerequire Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease provided Landlord notifies Tenant of such removal requirement in writing at the time such alteration is approved; otherwise, as all such alterations shall at Landlord’s option become a condition to its consentpart of the realty and the property of Landlord, any requirements that Landlord in its discretion may deem reasonable or desirableand shall not be removed by Tenant. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain ensure that all required permits for the Alterations and alterations shall perform the work be made in compliance accordance with all applicable laws, regulations and ordinances building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Building, and that its contractors comply with contractors reasonably the terms and conditions of Landlord’s Building Contractor Guidelines (which Landlord agrees to furnish to Tenant upon request). Upon completion of the work, Tenant shall provide lien waivers from the subcontractors or a final affidavit of lien waiver from the general contractor, and such lien waiver shall be in a form acceptable to Landlord. Landlord No person shall be entitled to a supervision fee in any lien derived through or under Tenant for any labor or material furnished to the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansLeased Premises, and the reasonable cost of that review nothing in this Lease shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented construed to constitute a consent by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant creation of any lien. If any lien is filed against the Leased Premises for work claimed to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice have been done for or material claimed to Tenant given at least 30 days prior have been furnished to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys’ fees in connection with any damage to the Premises arising from that removal construction or alteration and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedany related lien.

Appears in 2 contracts

Samples: Industrial Lease Agreement, Industrial Lease Agreement (Primerica, Inc.)

Alterations. (a) Tenant shall not make no any alterations, additions, decorations, additions or improvements (collectively referred "Alterations") of a structural nature in or to as “the Building or any Alterations to the exterior of the Building, without Landlord's prior written consent, which consent may be withheld in Landlord's sole discretion, in each instance. Tenant shall be permitted to make interior, non-structural alterations without Landlord's consent. (b) Tenant shall give Landlord at least twenty (20) days prior written notice before commencing any Alterations requiring Landlord's consent and shall submit Tenant's plans for such Alterations at the same time. All Alterations shall be done in a good and workmanlike manner, and Tenant shall ensure that all of Tenant's contractors engaged in such work shall at all times maintain satisfactory builders risk insurance, workmen's compensation insurance and adequate public liability and property damage insurance. Tenant agrees to indemnify Landlord for any loss, cost, damage or expense, including reasonable attorney's fees, resulting from any mechanic's lien being filed on the Premises and to release any such lien within thirty (30) days after receipt of written notice of such filing. Following completion of any material Alterations costing in excess of $50,000.00, Tenant shall provide Landlord with a set of plans showing such Alterations. (c) All Alterations made by Tenant or by Landlord on Tenant's behalf pursuant to the provisions of this Lease shall remain the property of the Tenant during the Term. All Alterations (including wall to wall carpet) to the Premises without shall remain upon the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical Premises and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end expiration of the Term without disturbance, molestation or injury. At the expiration of the Term, except Tenant shall be required to remove any Alterations that Landlord may, by notice would be considered atypical in a commercial office building unless Tenant has obtained Landlord's consent to Tenant given at least 30 days such Alterations prior to the Expiration Dateinstallation thereof (which consent shall not be unreasonably withheld, require Tenant to remove by the Expiration Date, conditioned or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”delayed). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Deed of Lease (Amerigroup Corp), Deed of Lease (Amerigroup Corp)

Alterations. Tenant Subject to the terms and provisions of this Sublease, Subtenant shall accept the existing improvements to the Premises in their “as is” condition as of the date hereof and shall have no obligation to remove those existing improvements at the end of the Term. Additionally, Subtenant shall have no obligation to remove the existing raised flooring at the end of the Term. Subtenant shall make no other alterations, additionsinstallations, decorations, additions or improvements (collectively referred to as collectively, “Alterations”) to in or about the Premises without the prior written consent of Prime Landlord in each instance as provided in the Prime Lease, it being understood that any Alterations consented to by Prime Landlord shall be deemed to have been consented to by Sublandlord provided and on condition that (a) Prime Landlord’s consent states that neither Subtenant nor Sublandlord shall be required to restore the Premises upon expiration or earlier termination of this Sublease to the condition prior to such installation of Alteration and (b) all requests for such consent shall be delivered to Sublandlord for delivery to Prime Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use If Prime Landlord’s designated mechanical consent does not so state, then Sublandlord’s consent to such alterations shall not be unreasonably withheld, conditioned or delayed. All Alterations shall be performed by Subtenant at its sole cost and electrical contractors, obtain all required permits for the Alterations expense and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost provisions of the Prime Lease, including the provisions requiring Prime Landlord’s prior written consent. In the event that Subtenant shall make any Alterations. , Subtenant shall, if required by Prime Landlord may elect and Sublandlord, upon consent for making such Alteration, restore the Premises to cause its architect to review Tenant’s architectural plans, and their original condition at the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan commencement of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Sublease (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted) at the expiration of this Sublease. Subtenant will only be required to restore Specialty Alterations (as defined in the Prime Lease) if required by Prime Landlord. Subtenant hereby indemnifies and holds Sublandlord harmless from any liability, it may incur to Prime Landlord or others resulting from Subtenant’s Alterations.

Appears in 2 contracts

Samples: Sublease Agreement, Sublease Agreement (Getty Images Inc)

Alterations. Tenant Notwithstanding anything in this Sublease to the contrary, except as otherwise expressly provided in this Section 9, Subtenant shall not make no any alterations, additions, decorationsimprovements, or improvements additions to the Sublease Space (collectively referred to as “Alterations”) to the Premises without the prior written consent of Sublandlord and of Landlord. Landlord Subtenant shall reimburse Sublandlord for all out-of-pocket costs payable by Sublandlord with regard to reviewing any proposed Alterations and all other reasonable out-of-pocket costs Sublandlord may imposeincur in connection with reviewing Subtenant’s proposed Alterations including, as a condition without limitation, fees and costs for engineers, architects, attorneys and other consultants. Upon expiration of the Sublease Term, to the extent allowed under the Prime Lease, Subtenant shall remove (i) all of its consenttrade fixtures and personal property from the Sublease Space and repair any damage resulting from such installation or removal, any requirements and (ii) upon request from Sublandlord or Landlord, all Alterations that either had not been approved by Sublandlord and/or Landlord in its discretion may deem reasonable writing, or desirablefor which Sublandlord or Landlord required their removal at the time they granted their consent in connection therewith, and Subtenant shall promptly restore the Sublease Space to the condition then existing prior to such removal. Tenant shall use Landlord’s designated mechanical and electrical contractorsNotwithstanding anything in this Sublease to the contrary, obtain all required permits for if Landlord notifies Sublandlord to remove any Alterations at the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% expiration or earlier termination of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the PremisesPrime Lease, then Tenant shallSubtenant, at its sole cost and expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systemsshall remove such Alterations before the Expiration Date or earlier termination of this Sublease. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided The obligations set forth in the Work Letter), but excluding moveable trade fixtures and furniture, preceding sentence shall become survive the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, termination or sooner termination date expiration of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedSublease.

Appears in 2 contracts

Samples: Sublease Agreement, Sublease Agreement (Verrica Pharmaceuticals Inc.)

Alterations. Tenant shall make no alterationsnot, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent, which consent shall not be unreasonably withheld, of LandlordLandlord in each instance, make any alterations, improvements, or additions to the Premises. Landlord shall not grant such consent until Landlord has had an opportunity to review Tenant's plans and specifications for such alterations, improvements or additions. If Landlord consents to said alterations, improvements, or additions, it may imposeimpose such conditions with respect thereto as Landlord deems appropriate, as a condition including, without limitation insurance against liabilities which may arise out of such work, revisions to the plans and specifications for such work and permits necessary for such work. The work necessary to make any alterations, improvements, or additions to the Premises shall be done at Tenant's expense by employees of, or contractors hired by, Landlord, except to the extent Landlord gives its consentprior written consent to Tenant's hiring contractors. Notwithstanding the foregoing, any requirements that Landlord Tenant may hire its own contractors to install mill work, telecommunications equipment and food service facilities in its discretion may deem reasonable or desirablethe Premises. Tenant shall use Landlord’s designated mechanical and electrical promptly pay to Landlord or to Tenant's contractors, obtain as the case may be, when due, the cost of all such work and of all decorating required permits by reason thereof. Tenant will also pay to Landlord an amount equal to five percent (5%) of all of the costs of such work to reimburse Landlord for its overhead and construction management services allocable to such work and all out-of-pocket costs incurred by Landlord in reviewing plans and specifications for said alterations, improvements or additions. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the holder of any legal or beneficial interest in the land or Building harmless from all costs, damages, liens, and expenses related to such work. All work done by Tenant or its contractors pursuant to Sections 6 or 11 hereof shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and ail applicable laws and, ordinances and rules and regulations of governmental departments or agencies and the rules and regulations adopted by the Landlord for the Alterations and Building. Within thirty (30) days after substantial completion of any such work by Tenant or its contractors, Tenant shall perform furnish to Landlord "as built" drawings of such work. Landlord agrees that Tenant shall not be required to remove any alteration, improvement or addition made to the work Premises in compliance with all applicable lawsthis Section 6 unless Landlord has advised Tenant in writing prior to installation of such alteration, regulations and ordinances with contractors reasonably acceptable improvement or addition that landlord's consent to Landlord. Landlord shall be entitled such installation is conditioned upon Tenant's agreement to a supervision fee in the amount of 5% remove same upon expiration or termination of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

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

Alterations. Tenant shall not make no any alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) in or to the Leased Premises without the prior written consent of Landlord. , which consent may be subject to such conditions as Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable appropriate but which consent shall not be unreasonably withheld or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlorddelayed. Landlord shall be entitled use its best efforts to a supervision fee expedite review and approval of Tenant's alteration plans when Tenant's schedule requires expedited review. Except as otherwise expressly provided in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansTenant Improvements Provisions, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and any such alterations, additions or improvements consented to by Landlord change the shall be made at Tenant's sole cost and expense. Tenant shall secure any and all governmental permits, approvals or authorizations required in connection with any such work, and shall hold Landlord harmless from any and all liability, costs, damages, expenses (including attorneys' fees) and any and all liens resulting therefrom. All alterations, additions and improvements (and expressly including all light fixtures and floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Lettercoverings), but excluding moveable except trade fixtures and furnitureother equipment which do not become a part of the Leased Premises, shall immediately become the property of Landlord without any obligation to pay therefore. Upon the expiration or sooner termination of the Term, Tenant shall, upon written demand by Landlord. Such Alterations shall be surrendered with the Premises , given at least thirty (30) days prior to the end of the Term, except that Landlord may, by notice to at Tenant's sole cost and expense forthwith remove any trade fixtures of Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or designated by Landlord at to be removed, but not alterations, additions or improvements made by Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, and Tenant shall forthwith at its sole cost and expense, repair any damage to the Leased Premises arising from that caused by such removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedof trade fixtures.

Appears in 2 contracts

Samples: Lease Agreement (Eschelon Telecom Inc), Lease Agreement (Eschelon Telecom Inc)

Alterations. Except for cosmetic alteration projects that do not exceed $25,000.00 in aggregate cost during the Term and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. For all Alterations that require the prior written consent of Landlord, Landlord’s consent shall not be unreasonably withheld, conditioned or delayed as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). For all Alterations that require the prior written consent of Landlord, Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable; provided that, for projects that do not exceed $50,000.00, Landlord shall not require Tenant to post a lien or completion bond. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures fixtures, furniture, office/telephone equipment, computers, and furnitureother personal property, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. If Landlord fails to respond to any request for consent within the 10 day period set forth in the preceding sentence, Tenant shall have the right to provide Landlord with a second request for consent. Tenant’s second request for consent must specifically state that Landlord’s failure to respond within a period of 5 business days shall be deemed to be an approval by Landlord. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Lease (Lombard Medical, Inc.), Lease (Lombard Medical, Inc.)

Alterations. A. Tenant shall make no alterationschange, additionsalteration, decorations, addition or improvements improvement (collectively each hereinafter referred to as an Alterationsalteration”) in or to the Premises demised premises, without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such alteration is not a “Tenant Alteration” (defined below) that complies with items (i) –(v) in Paragraph B below, and then only by contractors or mechanics and in such manner and with such materials as shall be reasonably approved by Landlord, such approval not to be unreasonably delayed. Landlord may imposeExcept for “Specialty Alterations” (as hereinafter defined), as a condition Tenant shall have no obligation to its consentremove any permitted alterations, additions and improvements made by Tenant in accordance herewith at the expiration of the term of this lease; provided, however, Tenant shall be required to remove any requirements Specialty Alterations that Landlord in so designates at the time Landlord grants its discretion may deem reasonable consent thereto. For purposes hereof, the term “Specialty Alterations” shall mean (i) Tenant’s trade fixtures, (ii) raised flooring, (iii) alterations which penetrate floor slabs or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for affect the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% exterior of the cost of Building and (iv) safes or vaults and other installations which would be unusually difficult or expensive to remove. All alterations, to the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansdemised premises, including, without limitation, window and central air conditioning equipment and duct work, if any, and fixtures, equipment and built-ins, except movable office furniture and equipment installed at the reasonable cost expense of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, unless Landlord elects otherwise in writing at its expensethe time consent is requested, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations , and shall be surrendered with the Premises demised premises at the end expiration or sooner termination of the Termterm of this lease. Any such alterations, except additions and improvements that Landlord mayshall designate at the time consent is requested, shall be removed by notice to Tenant given and any damage repaired, at least 30 days Tenant’s expense prior to the Expiration Date, require Tenant to remove by expiration of the Expiration Date, or sooner termination date term of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedlease.

Appears in 2 contracts

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

Alterations. Tenant shall not make no any alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, not to be unreasonably withheld. Landlord may imposeAll alterations, as a condition to its consentadditions, any requirements that Landlord in its discretion may deem reasonable or desirable. improvements and partitions erected by Tenant shall use Landlord’s designated mechanical be and electrical contractorsremain the property of Tenant during the term of this Lease and Tenant shall, obtain unless Landlord otherwise elects as hereinafter provided, remove all required permits for the Alterations alterations, additions, improvements and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed partitions erected by Tenant and consented restore the premises to by Landlord change the floor plan their original condition as of the PremisesCommencement Date (ordinary wear and tear excepted) by the date of termination of this Lease or upon earlier vacating of the premises; provided, then Tenant shallhowever, at its expensethat if Landlord so elects prior to termination of this Lease or upon earlier vacating of the premises, furnish Landlord with as-built drawings such alterations, additions, improvements and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, partitions shall become the property of Landlord. Such Alterations Landlord as of the date of termination of this Lease or upon earlier vacating of the premises and shall be surrendered delivered up to the Landlord with the Premises at the end of the Term, except premises. Equipment and furniture that Landlord may, do not constitute fixtures which are installed by notice to Tenant given at least 30 days may be removed by Tenant prior to the Expiration Datetermination of this lease if Tenant so elects, require provided no default by Tenant to remove hereunder shall then exist, and shall be removed by the Expiration Date, or sooner termination date of termination of this Lease, all Lease or upon earlier vacating of the premises if required by Landlord. Upon any Alterations (including without limitation all telephone and data cabling) installed either by such removal Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area premises to its pre-existing condition, reasonable their original condition as of the Commencement Date (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 to be situated on the premises.

Appears in 2 contracts

Samples: Lease Agreement (Carlyle Golf Inc), Lease Agreement (Carlyle Golf Inc)

Alterations. Subject to the last paragraph of this Article 5, Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) in or to the Premises demised premises without first obtaining the prior written consent of Landlord. Landlord may imposeTenant understands that Landlord's consent will be conditioned on Tenant's compliance with Landlord's requirements in effect at the time permission is requested, as a condition to its consentwhich requirements will include, any requirements that Landlord in its discretion may deem reasonable or desirablewithout limitation, Landlord's approval of plans, specifications, contractors, insurance, and hours of construction. Tenant shall use will be required to pay as additional rent to Landlord a reasonable fee for supervising Tenant's contractor and for Landlord’s designated mechanical 's related costs, such as, but not limited to, trash removal and electrical utilities. Prior to the commencement of any work in or to the demised premises by Tenant's contractors, obtain Tenant shall deliver to Landlord certificates issued by applicable insurance companies evidencing that workmen's compensation and public liability insurance and property damage insurance, all required permits for the Alterations in amounts and with companies, and on forms satisfactory to Landlord, are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. Each such certificate shall perform the work in compliance with all applicable lawsprovide that it may not be cancelled without ten (10) days, regulations and ordinances with contractors reasonably acceptable prior written notice to Landlord. Landlord Upon completion of such work, Tenant shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish provide Landlord with as-built drawings plans and CAD disks compatible specifications and with Landlord’s systemslien releases from every person who supplied labor or materials for the work. Unless All work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction over the Building. Before commencing any work with an aggregate cost of Ten Thousand and No/100 Dollars ($10,000.00) or less, Tenant shall give Landlord otherwise agrees at least forty-eight (48) hours prior verbal notice of the commencement of such work. Before commencing any work with an aggregate cost in writingexcess of Ten Thousand and No/100 Dollars ($10,000.00), Tenant shall give Landlord at least five (5) days' written notice of the commencement of such work; and shall, during the course of such work, post and keep posted in conspicuous places on the demised premises such notice as Landlord requires to protect Landlord from having its interest in the demised premises made subject to a mechanic's lien. Tenant shall secure, at Tenant's own cost and expense, a completion and lien indemnity bond satisfactory to Landlord for said work. Any mechanic's lien filed against the demised premises or against the Building or the land upon which the Building is located or any of the areas used in connection with the operation of the Building for work claimed to have been done for, or materials claimed to have been furnished to Tenant, shall be discharged by Tenant, by bond or otherwise, within ten (10) days after the filing thereof, at the cost and expense of Tenant. All alterations, additions or improvements upon the demised premises made by either Landlord or Tenant including, without limiting the generality of the foregoing, all Alterations affixed to paneling, partitions, railings, and the Premiseslike, including without limitation all Tenant Improvements constructed unless Landlord elects otherwise (which election shall be made by giving a notice pursuant to the Work Letter provisions of Article 23 below not less than three (except as otherwise provided in 3) days prior to the Work Letter), but excluding moveable trade fixtures and furniture, expiration or other termination of this lease or any renewal or extension thereof) shall become the property of Landlord. Such Alterations , and shall remain upon and be surrendered with the Premises demised premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date term of this Lease, all or lease. If Tenant removes any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, property from the “Required Removables”). In connection with its removal of Required Removablesdemised premises, Tenant shall repair or, at Landlord's option, shall pay to Landlord the cost of repairing any damage to the Premises arising from such removal. Landlord and Tenant agree that removal alterations, additions and improvements shall restore not require the affected area prior written consent of Landlord if the same (i) are not structural in nature and if they do not affect the structural integrity or external appearance of the Building; (ii) do not adversely affect the basic Building systems; (iii) do not affect electrical, life safety, HVAC, mechanical or plumbing systems or fixtures; (iv) are not visible from any elevator lobby or public area; and (v) do not include any restrooms. Notwithstanding the foregoing, Tenant agrees to its pre-existing conditiondeliver written notice to Landlord advising of any alteration, reasonable wear addition and/or improvement which do not require Landlord's consent at least three (3) business days prior to commencement of any work upon the demised premises, and tear exceptedTenant agrees to comply with all other requirements of this Article 5 with respect to such alterations, additions and/or improvements.

Appears in 1 contract

Samples: Office Lease (Hagler Bailly Inc)

Alterations. Tenant LESSEE'S ALTERATIONS 11. Lessee hereby agrees that prior to the commencement of alterations to premises by a contractor other than Lessor's, Lessor shall make no approve in writing said alterations to be made and said contractor hired to perform said alterations. Any alterations so made shall be of a quality equal to or exceeding building standard. Lessor hereby reserves the right to require said contractor to provide lien waivers and liability insurance covering said alterations to be performed and such other instruments as may be necessary to protect Lessor in such instances. Upon termination of the Lease, all erections, additions, decorationsalterations, fixtures and improvements, whether temporary or improvements permanent in character (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical excepting Lessee's moveable trade fixtures and electrical contractors, obtain all required permits for the Alterations and shall perform the work office furniture removed in compliance with all applicable lawsParagraph 20 of the Lease) made in or upon the leased premises, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord either by the Lessee or the Lessor, shall be entitled the Lessor's property and shall remain upon said premises without any compensation to a supervision fee Lessee. PROVIDED BY LESSOR SERVICES OF LESSOR 12. The Lessor hereby covenants that it will, without charge, at the proper season, during reasonable hours (8:00 A.M. to 6:00 P.M., Mondays through Fridays and Saturdays from 8:00 A.M. to 1:00 P.M.) furnish electric current, air conditioning and heat in its judgment sufficient to reasonably cool or heat the amount premises, cessation caused by strike, accident or reasonable necessity excepted. Lessor will also cause the leased premises (except where the same consist of 5% retail space) to be cleaned and generally cared for by its janitor in accordance with the standards of the building, cessation caused by strike, accident or reasonable necessity excepted. Lessor will also pay the water rate for water reasonably used on the leased premises. It will also furnish electric current to the leased premises for lighting and business machine purposes only, such as electric typewriters, adding and small calculating machines. Electric current and installation for electronic data processing type equipment shall be at the cost of the AlterationsLessee. Landlord may elect In no event shall the Lessor be liable for damages from the stopping of service or for any of the fixtures or equipment in said building being out of repair, or for injury to cause its architect persons or property caused by any defects in the heating, electric, air conditioning equipment or water apparatus, or for any damages arising out of the failure to review Tenant’s architectural plansfurnish said heating or air conditioning, water, janitor service or electric current. Lessor shall provide a reasonable amount of parking area, without charge, for Lessee's employees and visitors in areas, as are designated by Lessor from time to time, in the vicinity of the building in which the leased premises are situated. In the event the Lessee utilizes the services provided by Lessor as specified in this Paragraph in amounts or for periods in excess of that provided herein, or in the event the Lessee utilizes electric current or other utilities in excess of the amount which would be typically utilized by a normal business office use of the leased premises, then the Lessor shall have the right to charge Lessee as additional rent a reasonable sum as reimbursement for the direct cost of that review such additional use or services. In the event of a disagreement at the reasonableness of the amount of such additional rent, the opinion of a qualified local independent professional engineer selected by Lessor shall be reimbursed by Tenant. Should the Alterations proposed by Tenant binding upon Lessor and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedLessee.

Appears in 1 contract

Samples: Lease Agreement (Cross Media Marketing Corp)

Alterations. 21.1 In the event Tenant desires to make any alterations to any portion of the Building, Real Property or the Leased Premises, including alterations to accommodate Tenant’s for needs for extra services in addition to those provided by the Landlord under Section 29, unless the Tenant has supplied the Landlord with a list of additional services necessary to meet Tenant’s requirements, and said list is attached and incorporated into this lease at the date of execution by Landlord, Tenant is deemed to have accepted the existing services to the Leased Premises as sufficient. Any additional services required by the Tenant shall make no alterations, additions, decorations, or improvements (collectively referred be deemed an Alteration to as “Alterations”) be paid by the Tenant under Section 21 of the Lease. Tenant shall give written notice of the proposed alterations to Landlord and shall not proceed with work on the Premises alterations without the Landlord’s prior written consent which shall not be unreasonably withheld (which consent in the sole and absolute discretion of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirablebe withheld). Tenant shall use pay for Landlord’s designated architectural review of the proposed alterations. For purposes of this Paragraph 21, “material alterations” shall mean any alterations that affect the exterior, structure, or mechanical components of the Building, or modify the basic utility and electrical contractors, obtain all required permits for function of the Alterations Building. Any material alterations shall at once become the property of the Landlord and shall perform be surrendered to the work Landlord upon termination of the Lease. Any breach of the terms of this section shall be a non-curable event of default. 21.2 No alterations shall be commenced until the Tenant shall have procured and paid for, so far as the same may be required from time to time, all permits and authorizations of all municipal departments and governmental subdivisions having jurisdiction. Landlord shall in its sole and absolute discretion have the right to require, prior to commencement of such alterations, a letter of credit, bond or other satisfactory financial instrument assuring faithful performance and lien free completion of such alterations. 21.3 Any alterations shall be made within a reasonable time and in a good and workmanlike manner and in compliance with all applicable permits and authorizations and building and zoning laws and with all other laws, ordinances, orders, rules, regulations and ordinances with contractors reasonably acceptable requirements of all federal, state and municipal governments, departments, commissions, boards and officers. 21.4 In no event shall Tenant, by reason of such alterations, be entitled to Landlordany abatement, allowance, reduction or suspension of the Rent and other charges herein reserved or required to be paid hereunder, nor shall Tenant, by reason thereof, be released of or from any other obligations imposed upon Tenant under this Lease. Xxxxxx-Xxxxx Commercial, Inc. LLJG/TSJC 21.5 Landlord shall have no responsibility to Tenant or to any contractor, subcontractor, supplier, materialman, xxxxxxx, or other person, firm, or corporation who shall engage or participate in any alterations, and Landlord shall be entitled to post notices of nonliability on the Leased Premises. If any liens for labor and materials supplied or claimed to have been supplied to the Leased Premises shall be filed, Tenant shall within fifteen (15) days of the filing of such lien discharge such lien or furnish a supervision fee bond, a letter of credit or title insurance protection to Landlord which in the amount sole and absolute discretion of 5% Landlord affords its sufficient protection during Tenant’s timely and good faith contesting of such liens. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, cost or expense, including attorneys fees, on account of such liens. 21.6 The Tenant may remove from the Leased Premises any personal property installed by the Tenant which have not become fixtures, as well as those of its office supplies and movable office furniture and equipment which are not attached to the Building, provided: (i) such removal is made prior to the termination of the cost Term of this Lease; (ii) the Alterations. Landlord Tenant is not in default of any obligation or covenant under this Lease at the time of such removal; and (iii) the Tenant promptly repairs all damage caused by such removal so that the Leased Premises or Landlord’s real property as the case may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review be shall be reimbursed by Tenantplaced in the condition of such Leased Premises or real property at the inception of this Lease, subject to reasonable deterioration and wear and tear. Should Additionally, if the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees so directs in writing, all Alterations affixed the Tenant will, prior to the Premisestermination of this Lease, including without limitation remove any and all Tenant Improvements constructed pursuant alterations, additions, fixtures, equipment and property placed or installed by it in the Leased Premises or Landlord’s real property location and will repair any damage caused by such removal to the Work Letter (except as otherwise provided in condition at the Work Letter)inception of this Lease, but excluding moveable trade reasonable deterioration and wear and tear excepted. If the Tenant does not elect or is not directed by Landlord to remove such alterations, additions fixtures and furnitureequipment, such property shall become the property of Landlord. Such Alterations the Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, the Tenant hereby waiving all rights to any payment or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedcompensation therefor.

Appears in 1 contract

Samples: Lease Agreement (Integral Systems Inc /Md/)

Alterations. Except for cosmetic alteration projects that do not exceed $20,000.00 during each calendar year and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, decorations or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit or cosmetic Alterations not requiring Landlord’s consent as provided above, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time Landlord approves the applicable Alterations (including, without limitation, the Tenant Improvements to be constructed pursuant to the Expiration DateWork Letter), require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease Agreement (BioPharmX Corp)

Alterations. Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work in excess of $200,000.00 be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. In no event shall Tenant prosecute any work that results in picketing or labor demonstrations in or about the Building or Project. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of its consent thereto, and for all Alterations not consented to by Landlord by notice given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Meade Instruments Corp)

Alterations. 6.1 During the term of this Lease the Tenant shall have the right at any time, and from time to time, with Landlord’s prior written consent, which consent shall not be unreasonably denied or withheld, to make no non-structural changes or alterations to the Premises, provided that any such non-structural change or alteration shall be made by Tenant at Tenant’s sole cost and expense. It is further agreed, that Tenant at its sole expense, shall prepare and provide the Landlord with adequate blueprints containing specifications for any such Improvements of the Premises for review and approval, and shall bear the cost of reasonable fees of a architectural or engineer retained by Landlord, who will analyze and advise Landlord. Tenant shall also bear the cost of the supervision and inspection of said interior construction. Tenant shall require all contractors performing work at the Premises on Tenant’s behalf to carry general accident and public liability insurance covering such activities with coverage limit at least equal to those of Tenant hereunder and workmen’s compensation insurance in statutorily required amounts. Both Landlord and Tenant shall be named as an additional insured on such general liability policies. All changes and alterations shall be made in accordance with applicable building codes and ordinances and pursuant to all required building permits or other governmental approvals. 6.2 All fixtures, furnishing and equipment placed on the Premises at Tenant’s expense shall be and remain the Tenant’s personal property, and, except as provided in the following sentence, all such fixtures, furnishing and equipment may be removed by Tenant, at its expense, at any time prior to the expiration of this Lease. At Landlord’s option, all permanently affixed modifications, alterations, or additions, decorationsincluding but not limited to plumbing, or improvements (collectively referred to as “Alterations”) heating, ventilation, conditioning and attached electrical fixtures and equipment in the Premises shall be and remain the property of the Landlord. Any damage to the Premises in the course of removal of any such fixtures, furnishing and equipment shall be repaired by Tenant at Tenant’s own cost and expense. 6.3 Except as provided in this clause, no improvements now or hereafter erected upon the Premises or any part thereof, shall be demolished, altered, added to or changed without the prior written consent of Landlord. . 6.4 In any alteration of any nature whatsoever, Landlord may imposeimpose upon Tenant, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits conditions for the Alterations and shall perform restoration of the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee Premises upon future removal of the alteration or change so that the Tenant in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with last instance is responsible for leaving the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing in tenantable condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease Agreement (Green Spirit Industries Inc.)

Alterations. 15.01 Tenant shall not make no alterations, additions, decorationsany structural alterations or additions to the Demised Premises which would adversely affect the structural integrity of the Building, or improvements (collectively referred to as “Alterations”) to change the Premises exterior color or architectural treatment of the Building, or which would otherwise impair the value of the Building without on each occasion first obtaining the prior written consent of Landlord. Landlord may impose, as a condition to its consent, it being acknowledged that Landlord's consent shall not be required for any requirements that Landlord in its discretion may deem reasonable other alterations or desirableadditions. Tenant shall use submit to Landlord plans and specifications for such work at the time landlord's consent is sought. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord for any action of Landlord in excess of (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements including without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $350,000 (exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable contractor designated by Landlord’s designated mechanical , Tenant shall obtain and electrical contractorsdeliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), obtain all required permits for the Alterations each in an amount equal to 125% of such estimated cost and in form satisfactory to Landlord, or (ii) such other security as shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable be satisfactory to Landlord. Notwithstanding anything herein to the contrary, the provisions of the immediately preceding sentence shall not apply during such time as PaineWebber, Inc. remains liable for Tenant's obligations under this Lease. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of such alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any such 31 35 alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect to the adequacy, correctness or efficiency thereof or otherwise. 15.02 Tenant shall obtain all necessary governmental permits and certificates for the commencement and prosecution of alterations and for final approval thereof upon completion, and shall cause alterations to be performed in compliance therewith all applicable Legal Requirements and Insurance Requirements. Alterations shall be entitled diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to a supervision fee the better of the original installations of the Building. Alterations requiring Landlord's consent shall be performed by contractors licensed in the amount State of 5% New Jersey (if applicable), whose use shall not invalidate any warrants applicable to the Building or its Systems, and which contractors are either employed in connection with the performance of Landlord's Work or Tenant's Work or are reputable and skilled in their respective trades. Alterations shall be made in such a manner as not to unreasonably interfere with or delay and as not to impose any additional expense upon Landlord in the maintenance, repair or operation of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, Building; and the reasonable cost of that review if any such additional expense shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to incurred by Landlord change as a result of Tenant's making of any alterations, Tenant shall pay any such additional expense upon demand. Throughout the floor plan making of alterations, Tenant shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the PremisesBuilding, then under which Landlord and its managing agent and any Superior Lessor whose name and address shall previously have been furnished to Tenant shallshall be named as parties insured, at its expensein such limits as landlord may reasonably require, with issuers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees reasonably satisfactory evidence that such insurance is in writingeffect at or before the commencement of alterations and, all Alterations affixed to on request, at reasonable intervals thereafter during the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property making of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedalterations.

Appears in 1 contract

Samples: Lease Agreement (Paine Webber Group Inc)

Alterations. Tenant shall not make no any alterations, additions, decorations, improvements or improvements additions (collectively referred to as “"Alterations") to the Premises without the prior written consent of Landlord. Landlord shall not unreasonably withhold its consent to any proposed alteration, improvement or addition where such alteration, improvement or addition will not affect any structural components of the Building or any Building systems. In requesting such consent and prior to commencing any such work, Tenant shall at its sole cost and expense: (a) Submit to Landlord for review plans and specifications showing such work in reasonable detail and pay to Landlord all costs incurred by Landlord in connection with such review. (b) Furnish Landlord with the names and addresses of all contractors and copies of all contracts. (c) If required by Landlord policy, use union labor for the work, excluding cabling work performed by Tenant's employees. (d) Provide Landlord with such security as Landlord reasonably may imposerequire to assure timely, lien free completion, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain well as all required necessary permits for the Alterations and shall perform the work in evidencing compliance with all applicable laws, regulations ordinances and ordinances regulations. (e) Provide Landlord with contractors certificates of insurance in forms and amounts reasonably acceptable satisfactory to Landlord naming Landlord as an additional insured when required by Landlord. (f) Comply with such other requests as Landlord may reasonably make in connection with such work. Landlord may condition its consent on fulfillment of the foregoing requirements. All such work shall, at Landlord's election, be subject to supervision by Landlord, in which case Tenant shall be entitled promptly pay to Landlord a supervision fee in the amount of 5equal to 12% of the cost of the Alterationswork. If Landlord elects to provide such supervision, there will not be a separate fee for reviewing plans and specifications under Section 9(a) above. Tenant shall protect, defend, indemnify and hold Landlord, the Building and other tenants of the Building harmless from and against any liabilities which may elect to cause its architect to review Tenant’s architectural plans, and arise out of or in connection with the reasonable cost Alterations conducted by or on behalf of that review shall be reimbursed by Tenant. Should the Alterations proposed by Upon completing any Alterations, Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, shall furnish Landlord with as-built drawings contractors' affidavits, sworn statements and CAD disks compatible full and final waivers of lien and receipted bills covering all labor and material expended and used. All Alterations shall comply with Landlord’s systemsall insurance requirements and with all applicable laws, ordinances and regulations. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such All Alterations shall be surrendered completed in a good and workmanlike manner and only good grades of materials shall be used. Once commenced, Tenant shall pursue the construction of Alterations diligently to completion in accordance with all of the foregoing requirements and all applicable plans and specifications or shall promptly restore the Premises to its pre-Alteration condition. All Alterations, whether temporary or permanent in character, including, without limitation, wall coverings, carpeting and other floor coverings, special lighting installations, built-in or attached shelving, cabinetry and mirrors, installed by Landlord or Tenant in the Premises shall become Landlord's property and shall remain in the Premises at the end expiration or termination of the Termthis Lease without compensation to Tenant, except that for Tenant's movable office furniture, trade fixtures and office equipment. Landlord may, by notice shall have the right to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove Alterations at Tenant's sole cost and expense in accordance with the provisions of Section 16 of this Lease provided that Landlord specifically reserves such right when giving its consent with respect to the applicable Alteration. Nothing contained in this Lease shall authorize or empower Tenant to do anything to encumber Landlord's title to the Building, Land or Premises, nor in any way subject Landlord's title to any claims of lien or encumbrance whether claimed by operation of law or by virtue of any expressed or implied contract of Tenant. If Tenant has not removed any such lien or encumbrance within 15 days after written notice to Tenant by Landlord, Landlord may, but shall not be obligated to, pay the amount necessary to remove the lien or encumbrance, without being responsible for making any investigation as to the validity or accuracy thereof, and the amount so paid, together with all costs and expenses (including reasonable attorneys' fees) incurred by Landlord in connection therewith, shall be deemed additional rent due and payable within 10 days after receipt of a statement from Landlord. Tenant may obtain removal of such lien or encumbrance as required hereunder by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepteddeposit procedure set forth in Minnesota Statutes 514.10.

Appears in 1 contract

Samples: Lease Agreement (Metris Companies Inc)

Alterations. 9.1 Tenant shall not make no any alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) in or to the Premises or any part thereof, or attach any fixtures or equipment thereto, without the Landlord's prior written consent of consent. Landlord. 's approval shall not be unreasonably withheld or delayed but may be subject to such conditions as Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirablereasonably require. Tenant shall use not be required to restore any alterations, additions or improvements made by Tenant during the Term, unless such restoration is required by Landlord at the time of such alteration, addition or improvement. In addition, Tenant may make such alterations, additions or improvements without Landlord’s designated mechanical and electrical contractors's consent, obtain all required permits for the Alterations and shall perform the work in compliance but with all applicable laws, regulations and ordinances with contractors reasonably acceptable notice to Landlord. Landlord shall be entitled to a supervision fee in , if the amount of 5% of the total per-project cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural planssuch alterations, additions or improvements is $50,000.00 or less, and such alterations, additions or improvements will not affect the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan structural elements of the Premises, then detract from the fair rental or market value of the Premises. Tenant will comply with all applicable codes, laws, ordinances, rules or regulations in connection with any alterations, additions or improvements. All alterations, additions or improvements in or to the Premises shall be made by Tenant at Tenant's sole cost and expense, shall be made expeditiously once work is begun and shall be completed in a good and workmanlike manner using first class materials. No part of the Premises shall be demolished unless Landlord has received an acceptable surety bond assuring reconstruction. Tenant shall, at its expense, furnish provide builder's risk insurance naming Landlord as an insured during the period of any construction work. 9.2 All alterations, additions or improvements requiring Landlord's consent shall be made as follows: (a) Tenant shall submit to Landlord, for Landlord's written approval, complete plans and specifications for all work to be done by Tenant. Such plans and specifications shall be prepared by licensed architect(s) and engineer(s) approved by Landlord, such approval not to be unreasonably withheld or delayed, shall comply with as-built drawings all applicable codes, ordinances, rules and CAD disks compatible regulations, shall be in a form sufficient to secure the approval of all government authorities with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to jurisdiction over the Premises, and shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. Landlord's failure to respond to a request for plan approval within thirty (30) days shall be deemed approval of such plans. (b) Tenant shall, through Tenant's licensed contractor, perform the work substantially in accordance with the plans and specifications approved in writing by Landlord. All material changes in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approva1. Any such change shall be based upon revised plans and specifications prepared by the licensed architect(s) and engineer(s) approved by Landlord, such approval not to be unreasonably withheld or delayed. (c) Tenant shall pay the entire cost of all work (including without limitation the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the alterations, additions or improvements. Under no circumstances shall Landlord be liable to Tenant Improvements constructed pursuant for any damage, loss, cost or expense incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work. 9.3 All improvements, alterations, additions and fixtures (other than trade fixtures), whether temporary or permanent in character, made in or to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniturePremises by Tenant, shall become remain the property of Landlord. Such Alterations shall be surrendered with Tenant until the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, expiration or sooner earlier termination date of this Lease, all whereupon they shall become part of the Premises and Landlord's property. All movable furniture, equipment, trade fixtures, computers, office machines and other personal property of Tenant shall remain the property of Tenant. Upon the expiration or any Alterations (including without limitation all telephone and data cabling) installed either by earlier termination of this Lease, Tenant or by Landlord shall, at Tenant’s request (collectively's expense, remove all such movable furniture, equipment, trade fixtures, computers, office machines and other personal property from the Premises and repair all damage caused by such removal; provided, however, that Tenant shall not be obligated to make any repairs to wall or floor coverings or otherwise make repairs if Landlord intends to otherwise demolish or renovate the Premises so that for all practical purposes, the “Required Removables”)repairs would be in vain. In connection with its removal This Section 9.3 shall survive the expiration or earlier termination of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedthis Lease.

Appears in 1 contract

Samples: Lease (Analog Devices Inc)

Alterations. Tenant shall not make no or permit to be made any alterations, additions, decorations, additions or improvements (collectively referred to as “the "Alterations") to the Premises without the prior written consent of LandlordLandlord and Prime Landlord which may be granted or withheld in their sole discretion. If Tenant shall desire to make any such Alteration, Tenant shall apply for the consent of Landlord may impose, as a condition and Prime Landlord and furnish complete plans and specifications for the desired Alterations and the names of the construction contractor(s) to its be engaged by Tenant. If Landlord and Prime Landlord shall have granted their consent, Tenant may proceed with any requirements that such approved Alterations SUBJECT TO TENANT FULFILLING THE FOLLOWING CONDITIONS: (i) Subsequent to obtaining the consent of Landlord in its discretion may deem reasonable or desirableand Prime Landlord and prior to commencement of construction of the Alterations, Tenant shall deliver to Landlord and Prime Landlord (a) the building permit and a copy of the executed construction contract covering the Alterations and (b) certificates evidencing the existence of workers' compensation insurance covering all persons employed for such work and comprehensive general liability and property damage insurance naming Landlord, Prime Landlord, and Tenant as insureds, with coverage of at least $5,000,000 single limit. (ii) All Alterations shall be performed at Tenant's sole cost and expense. Tenant shall use keep the Premises free and clear of all liens for any work or material claimed to have been furnished to Tenant or to the Premises on Tenant's behalf. Tenant shall discharge any mechanics lien filed against the Premises or the Building of which the Premises forms a part within thirty (30) days of such filing. Tenant shall indemnify Landlord and Prime Landlord for any and all claims, costs and expenses incurred by Landlord and/or Prime Landlord in connection with any liens. If Tenant fails to discharge such lien, Landlord may, but shall not be obligated to, discharge such lien on Tenant's behalf without determining the validity of the same. (iii) At Landlord’s designated mechanical 's option, Tenant shall provide, at Tenant's expense, such completion, performance and/or payment bonds. (iv) Any construction, alteration, maintenance, repair, replacement, installation, removal or decoration undertaken by Tenant in connection with the Premises shall be completed in accordance with the plans and electrical contractorsspecifications approved by Landlord and Prime Landlord, obtain all required permits for the Alterations shall be carried out in a good, workmanlike and prompt manner, shall perform the work in compliance comply with all applicable statutes, laws, regulations ordinances, regulations, rules, orders and ordinances with contractors reasonably acceptable to Landlord. Landlord requirements of the authorities having jurisdiction thereof, and shall be entitled subject to a supervision fee by Landlord or its employees, agents or contractors. (v) If the Alterations which Tenant causes to be constructed result in the amount of 5% Landlord or Prime Landlord being required to make any alterations and/or improvements to other portions of the cost of the Alterations. Landlord may elect Building in order to cause its architect comply with any applicable statutes, laws, ordinances, regulations, rules, orders or requirements (e.g., ordinances intended to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented provide full access to by Landlord change the floor plan of the Premiseshandicapped persons), then Tenant shallshall reimburse Landlord and/or Prime Landlord, at its expenseas the case may be, furnish upon demand for all costs and expenses incurred by Landlord with as-built drawings and/or Prime Landlord, as the case may be, in making such alterations and/or improvements. (vi) Any Alterations made by Tenant shall remain on and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at upon the end expiration or sooner termination of the Term, except that Landlord mayTenant shall upon demand by Landlord, by notice to Tenant given at least 30 days prior to the Expiration DateTenant's sole cost and expense, require Tenant to forthwith and with all due diligence remove by the Expiration Date, or sooner termination date of this Lease, all or any portion of any Alterations (including without limitation all telephone and data cabling) installed either made by Tenant or which are designated by Landlord at Tenant’s request (collectivelyto be removed, the “Required Removables”). In connection with its removal of Required Removables, and Tenant shall forthwith and with all due diligence, and at its sole cost and expense, repair any damage to and restore the Premises arising from that removal and shall restore the affected area to its pre-existing their original condition, reasonable wear and tear excepted. Prior to any installation of Alterations, and upon written request therefor by Tenant, Landlord shall notify Tenant if removal of Alterations will be required. (vii) During the progress of any Alterations, Landlord and Prime Landlord shall have the right to inspect the Premises and Tenant shall afford Landlord access and the opportunity to respect, at all reasonable times.

Appears in 1 contract

Samples: Sublease Agreement (Biopure Corp)

Alterations. Tenant shall may not make no my changes, additions, alterations, improvements or additions to the Premises or attach or affix any articles thereto without Landlord’s prior written consent. All alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to which may be made upon the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then or Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable unattached trade fixtures and furnitureoffice furniture and equipment owned by Tenant) shall not be removed by Tenant, but shall become and remain the property of Landlord. Such Alterations All alterations, improvements, and additions to the Premises (as permitted by Landlord) shall be surrendered with done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. If Tenant shall make any alterations, improvements or additions to the Premises Premises, Landlord may require Tenant, at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date expiration of this Lease, all to restore the Premises to substantially the some condition as existed at the commencement of the Term. Any mechanics or any Alterations (including without limitation all telephone and data cabling) installed either materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier of the date Landlord receives (1) notice of intern to file a lien or by (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s request expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within ten (collectively, the “Required Removables”). In connection with its removal 10) days following Tenant’s receipt of Required Removables, Tenant shall repair any damage to the Premises arising a xxxx from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedLandlord.

Appears in 1 contract

Samples: Medical Office Building Lease (LifeCare Holdings, Inc.)

Alterations. Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Landlord may impose, as a condition to its consent, any a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements that Landlord in its discretion may deem reasonable or desirableas to the manner, time, and contractor form performance of the work. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations work and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors ordinances. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably acceptable satisfactory to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord's consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s 's request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall and to repair any damage to the Premises arising from that removal removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build- out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises for Tenant, Landlord shall restore the affected area be entitled to its pre-existing condition, reasonable wear and tear excepted.prompt reimbursement from Tenant for all Costs incurred. 26

Appears in 1 contract

Samples: Sublease Agreement (Vision Solutions Inc)

Alterations. Tenant In addition to, and without limitation of the restrictions and limitations on alterations, additions or improvements as set forth in the Master Lease, Subtenant shall not make no any improvements, alterations, additions, decorationschanges or modifications to the Subleased Premises (collectively, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Sublandlord and Master Landlord; provided, however, subject to the terms and conditions of this Xxxxxxx 0, Xxxxxxxxxxx will not unreasonably withhold its consent if Master Landlord grants consent pursuant to the terms and conditions of the Master Lease. In the event Master Landlord approves any Alterations requested by Subtenant, but deems the same to be Alterations that will be Required Removables (as defined below), Sublandlord will not unreasonably withhold its consent to same so long as Subtenant delivers to Sublandlord a supplemental security deposit in an amount reasonably satisfactory to Sublandlord to cover the estimated cost for Subtenant to remove such Required Removables and restore the Subleased Premises to the condition required by Master Landlord upon the expiration of the Master Lease (the “Supplemental Security Deposit”), which Supplemental Security Deposit shall be returned to Subtenant upon Subtenant’s removal of such Required Removables and restoration of the Subleased Premises to its previous condition on or prior to the Expiration Date to the satisfaction of Master Landlord. To the extent any such removal or restoration is not performed by Subtenant on or prior to the Expiration Date, Sublandlord shall have the right to perform such removal and restoration and apply all or a portion of the Supplemental Security Deposit to Sublandlord’s actual cost and expense incurred in performing such removal and restoration on behalf of Subtenant, and Sublandlord shall return to Subtenant any unapplied portion of the 4510092v4 / 101022.0001 Supplemental Security Deposit within thirty (30) days after to the Expiration Date, subject to Subtenant also satisfying any hold over liability for failing to timely perform the restoration prior to the Expiration Date. Should Master Landlord may imposeconsent to Subtenant performing any Alterations work that would necessitate any ancillary Building modification or other expenditure by Master Landlord, as a condition then Subtenant shall promptly fund the cost thereof to its consent, any requirements that Master Landlord in its discretion may deem reasonable or desirableupon request by Master Landlord. Tenant Subtenant shall use Landlord’s designated mechanical and electrical contractors, obtain be responsible for obtaining all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Master Landlord and Sublandlord, and Master Landlord shall be entitled to a any supervision fee provided for under the Master Lease. Any request for consent from Sublandlord and Master Landlord shall be made in writing and shall contain architectural plans describing the amount of 5% of the cost of the Alterationswork in detail reasonably satisfactory to Sublandlord and Master Landlord. Sublandlord and/or Master Landlord may elect to cause its architect their own architects to review TenantSubtenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by TenantSubtenant. Should the Alterations proposed by Tenant Subtenant and consented to by Sublandlord and Master Landlord change the floor plan of the Subleased Premises, then Tenant Subtenant shall, at its expense, furnish Sublandlord and Master Landlord with as-built drawings and CAD disks compatible with Master Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Sublandlord and Master Landlord. Unless Sublandlord and Master Landlord otherwise agrees agree in writing, all Alterations affixed to the Subleased Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Master Landlord and shall be surrendered with the Subleased Premises at the end of the Term, except that Master Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, may require Tenant Subtenant to remove by the Expiration Date, or sooner termination date of this LeaseSublease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant Subtenant or by Sublandlord or Master Landlord at TenantSubtenant’s request (collectively, the “Required Removables”), and to restore the Subleased Premises to the condition that existed as of the Commencement Date of this Sublease. At the time Subtenant requests approval for any proposed Alterations, Sublandlord shall submit such request to Master Landlord or reasonably cooperate with the submittal of such request by Subtenant directly to Master Landlord and shall advise Subtenant in writing as to which portions of the subject Alterations are Required Removables as required by Master Landlord. In connection with its removal of Required Removables, Tenant in addition to delivering the supplemental security to Sublandlord as contemplated above, Subtenant shall repair any damage to the Subleased Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Sublease (Evolus, Inc.)

Alterations. Tenant All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall make no become the property of Landlord and shall remain upon and be surrendered with the leased premises as a part of thereof on this lease. Such alterations, additions, decorations, or and improvements (collectively referred to as “Alterations”) to the Premises without may only be made with the prior written consent of Landlord, which consent shall not be unreasonably withheld. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits If consent is granted for the Alterations making of improvements or alterations to the leased premises, such improvements and alterations shall perform not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in a amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the work leased premises, in compliance connection with all applicable lawsthe making of such improvements or alterations. No cooling tower, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord equipment, or structure of any kind shall be entitled to a supervision fee in placed on the amount of 5% of roof or elsewhere on the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed leased premises by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property prior written permission of Landlord. Such Alterations If such permission is granted, such work or installation shall be surrendered with done at Tenant's expense and in such a manner that the Premises roof shall not be damage thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made Tenant shall promptly repair at its expense any damages resulting from such removal. At the end termination of this lease, Tenant shall deliver the Termlease premises in good order and condition, except that Landlord may, natural deterioration only excepted. Any damage caused by notice to Tenant given the installation or removal of trade fixtures shall be repaired at least 30 days Tenant's expense prior to the Expiration Dateexpiration of the lease term. All alterations, require Tenant to remove by the Expiration Dateimprovements, or sooner termination date of this Leaseadditions, all or any Alterations (including without limitation all telephone and data cabling) installed either repairs made by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”)shall be made in good term. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal All alterations and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedworkmanlike manner.

Appears in 1 contract

Samples: Commercial Lease (Simclar Inc)

Alterations. Tenant 12.1 Subtenant shall not make no any alterations, additions, decorations, additions or improvements (collectively referred to as “collectively, "Alterations") in or to the Sub-Leased Premises or make changes to locks on doors or add, disturb or in any way change any plumbing or wiring without obtaining the prior written consent of Sub-Landlord and Landlord. Any Alterations must be done in full compliance with the provisions of Section 6.3 of the Master Lease and all other applicable provisions of the Master Lease. All Alterations shall be made at Sub-Tenant's sole cost and expense and by contractors or mechanics approved by Sub-Landlord and Master Landlord, shall be made at such times and in such manner as Sub-Landlord may imposefrom time to time designate, as and shall become the property of Sub-Landlord without its obligation to pay for such Alterations. All work with respect to any Alterations shall be performed in a condition good and workmanlike manner, shall be of a quality equal to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits exceeding the then existing construction standards for the Alterations building and the Sub-Leased Premises and shall perform the work be constructed in compliance with all applicable plans approved by Sub-Landlord and Master Landlord. Alterations shall be diligently prosecuted to completion to the end that the Sub-Leased Premises shall be at all times a complete unit except during the period necessarily required for such work. All Alterations shall be made strictly in accordance with all laws, regulations and ordinances relating thereto, including all building codes and regulations. Sub-Tenant, at its sole cost and expense, shall obtain any and all permits and consents of applicable governmental authorities (collectively "Permits") in connection with contractors reasonably all Alterations. Sub-Tenant shall be liable to Sub-Landlord and Landlord for the reasonable costs of any improvements to the Sublease Premises which may be required as a consequence of Sub-Tenant's Alterations. Before commencing any alterations, additions or improvements costing in excess of Fifty Thousand Dollars ($50,000), Sub-Tenant, at Sub-Tenant's cost, shall obtain and deliver to Sub-Landlord a performance bond and a labor and materials payment bond for the benefit of Sub-Landlord, issued by a corporate surety licensed to do business in Texas and acceptable to Sub-Landlord. Landlord shall be entitled to a supervision fee , each in the amount of 5% One Hundred Twenty-Five Percent (125%) of the cost of the work in a form satisfactory to Sub-Landlord. No Work or interior improvements installed in the Sub-Leased Premises may be removed unless the same are promptly replaced with work or interior improvement of the same or better quality. SubLandlord hereby reserves the right to require any contractor, subcontractor or material man working in or providing materials to the Sub-Leased Premises to provide lien waivers and liability insurance covering the Alterations to the Sub-Leased Premises. Sub-Tenant shall give Master Landlord and Sub-Landlord thirty (30) days written notice prior to the commencement of any Alterations and shall allow Master Landlord and Sub-Landlord to enter the Sub-Leased Premises and post appropriate notices to avoid liability to contractors or material suppliers for payment for any Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such All Alterations shall remain in and be surrendered with the SubLeased Premises as apart thereof at the end termination of the Termthis Agreement without disturbance, except molestation or injury, provided that each of Master Landlord mayand/or Sub-Landlord may require any Alterations to be removed upon termination of this Agreement in their sole and absolute discretion. In such event, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant all expenses to remove by the Expiration Date, or sooner termination date of this Lease, all or any said Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area Sub-Leased Premises to its prenormal building standards shall be paid by Sub-existing condition, reasonable wear and tear exceptedTenant.

Appears in 1 contract

Samples: Sub Lease Agreement (Glori Energy Inc.)

Alterations. Except for cosmetic alterations and projects that do not exceed $100,000.00 during any calendar year of the Term that do not require a permit from the City of San Diego and that are not structural in nature (which cosmetic work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation excluding however all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but which Tenant shall have no obligation to remove or restore, and further excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant in writing given at least 30 days prior to the Expiration Datetime of Landlord’s approval of Tenant’s plans for any Alterations, require Tenant to remove by the Expiration Date, Date or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Turning Point Therapeutics, Inc.)

Alterations. 21.1 In the event Tenant desires to make any alterations to any portion of the Building, Real Property or the Leased Premises, including alterations to accommodate Tenant’s for needs for extra services in addition to those provided by the Landlord under Section 29, unless the Tenant has supplied the Landlord with a list of additional services necessary to meet Tenant’s requirements, and said list is attached and incorporated into this lease at the date of execution by Landlord, Tenant is deemed to have accepted the existing services to the Leased Premises as sufficient. Any additional services required by the Tenant shall make no alterations, additions, decorations, or improvements (collectively referred be deemed an Alteration to as “Alterations”) be paid by the Tenant under Section 21 of the Lease. Tenant shall give written notice of the proposed alterations to Landlord and shall not proceed with work on the Premises alterations without the Landlord’s prior written consent which shall not be unreasonably withheld (which consent in the sole and absolute discretion of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirablebe withheld). Tenant shall use pay for Landlord’s designated architectural review of the proposed alterations. For purposes of this Paragraph 21, “material alterations” shall mean any alterations that affect the exterior, structure, or mechanical components of the Building, or modify the basic utility and electrical contractors, obtain all required permits for function of the Alterations Building. Any material alterations shall at once become the property of the Landlord and shall perform be surrendered to the work Landlord upon termination of the Lease. Any breach of the terms of this section shall be a non-curable event of default. 21.2 No alterations shall be commenced until the Tenant shall have procured and paid for, so far as the same may be required from time to time, all permits and authorizations of all municipal departments and governmental subdivisions having jurisdiction. Landlord shall in its sole and absolute discretion have the right to require, prior to commencement of such alterations, a letter of credit, bond or other satisfactory financial instrument assuring faithful performance and lien free completion of such alterations. 21.3 Any alterations shall be made within a reasonable time and in a good and workmanlike manner and in compliance with all applicable permits and authorizations and building and zoning laws and with all other laws, ordinances, orders, rules, regulations and ordinances with contractors reasonably acceptable requirements of all federal, state and municipal governments, departments, commissions, boards and officers. 21.4 In no event shall Tenant, by reason of such alterations, be entitled to Landlordany abatement, allowance, reduction or suspension of the Rent and other charges herein reserved or required to be paid hereunder, nor shall Tenant, by reason thereof, be released of or from any other obligations imposed upon Tenant under this Lease. Xxxxxx-Xxxxx Commercial, Inc. 13 LL /T 21.5 Landlord shall have no responsibility to Tenant or to any contractor, subcontractor, supplier, materialman, xxxxxxx, or other person, firm, or corporation who shall engage or participate in any alterations, and Landlord shall be entitled to post notices of nonliability on the Leased Premises. If any liens for labor and materials supplied or claimed to have been supplied to the Leased Premises shall be filed, Tenant shall within fifteen (15) days of the filing of such lien discharge such lien or furnish a supervision fee bond, a letter of credit or title insurance protection to Landlord which in the amount sole and absolute discretion of 5% Landlord affords its sufficient protection during Tenant’s timely and good faith contesting of such liens. Tenant shall indemnify and hold Landlord harmless against any liability, loss, damage, cost or expense, including attorneys fees, on account of such liens. 21.6 The Tenant may remove from the Leased Premises any personal property installed by the Tenant which have not become fixtures, as well as those of its office supplies and movable office furniture and equipment which are not attached to the Building, provided: (i) such removal is made prior to the termination of the cost Term of this Lease; (ii) the Alterations. Landlord Tenant is not in default of any obligation or covenant under this Lease at the time of such removal; and (iii) the Tenant promptly repairs all damage caused by such removal so that the Leased Premises or Landlord’s real property as the case may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review be shall be reimbursed by Tenantplaced in the condition of such Leased Premises or real property at the inception of this Lease, subject to reasonable deterioration and wear and tear. Should Additionally, if the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees so directs in writing, all Alterations affixed the Tenant will, prior to the Premisestermination of this Lease, including without limitation remove any and all Tenant Improvements constructed pursuant alterations, additions, fixtures, equipment and property placed or installed by it in the Leased Premises or Landlord’s real property location and will repair any damage caused by such removal to the Work Letter (except as otherwise provided in condition at the Work Letter)inception of this Lease, but excluding moveable trade reasonable deterioration and wear and tear excepted. If the Tenant does not elect or is not directed by Landlord to remove such alterations, additions fixtures and furnitureequipment, such property shall become the property of Landlord. Such Alterations the Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, the Tenant hereby waiving all rights to any payment or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedcompensation therefor.

Appears in 1 contract

Samples: Lease Agreement (Integral Systems Inc /Md/)

Alterations. Tenant (a) Sublessee shall not make no any alterations, additions, decorations, additions or improvements to the Subleased Premises (collectively referred to as “Alterations”) to the Premises without the prior written consent of LandlordSublessor. Landlord Such consent may be granted or withheld in the reasonable discretion of Sublessor and may be granted subject to any reasonable terms or conditions which Sublessor may impose. All Alterations shall be made at Sublessee's sole cost and expense, as in a condition to its consentgood and workmanlike manner, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance accordance with all applicable laws, regulations Governmental Requirements and ordinances in accordance with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% Prime Lease. (b) Upon the expiration or sooner termination of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writingSublease Term, all Alterations affixed to shall remain on the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures Subleased Premises and furniture, shall become the property of Sublessor unless the Prime Landlord shall give written notice to Sublessor or Sublessee to remove the same at the time consent to such Alteration was requested. When requesting Prime Landlord’s approval of any Alterations, Sublessee will specifically request that Prime Landlord identify any Alterations that will not be required to be removed, and Sublessee agrees that any Alterations not so identified will be required to be removed. Such Sublessee will remove any Alterations shall which the Prime Landlord requires be surrendered removed, and will repair and restore in accordance with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair Prime Lease any damage to the Subleased Premises arising caused by the installation or removal of such Alterations. Should Sublessee fail to do so, Sublessor may do so, and the cost and expense thereof, together with interest at the Overdue Interest Rate from that removal the date such costs and expenses were incurred by Sublessor, shall restore be paid by Sublessee to Sublessor as Additional Rent within ten (10) days after Sublessee’s receipt of a bxxx and supporting documentation setting forth such costs and expenses. As used herein, the affected area to its pre-existing condition, reasonable wear and tear excepted“Overdue Interest Rate” shall be the rate of interest referenced in clause (b) of Section 3 (Rent) of the Original Prime Lease.

Appears in 1 contract

Samples: Sublease Agreement (Lion Biotechnologies, Inc.)

Alterations. a. Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) in or to the Premises without the Landlord's prior written consent consent, and then only by contractors or mechanics first approved by Landlord in writing. Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the Building or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. All such work shall be done at such times and in such manner as Landlord may impose, as a condition from time to its consent, any requirements that Landlord in its discretion may deem reasonable or desirabletime designate. Tenant covenants and agrees that all work done by Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work be performed in full compliance with all applicable laws, rules, orders, ordinances, directions, regulations and ordinances with contractors reasonably acceptable requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction. Before commencing any work, Tenant shall give Landlord at least five (5) days written notice of the proposed commencement of such work, and shall, if required by Landlord, secure at Tenant's own cost and expense, a completion and lien indemnity bond, satisfactory to Landlord, for said work. Landlord shall Tenant further covenants and agrees that any mechanic's liens filed against the Premises or against the Building for work claimed to have been done, or materials claimed to have been furnished to Tenant, will be entitled to a supervision fee in discharged by Tenant, by bond or otherwise, within ten (10) days after the amount of 5% of filing thereof, at the cost and expense of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of All alterations, decorations, additions or improvements upon the Premises, then Tenant made by either party, including (without limiting the generality of the foregoing) all wall covering, built-in cabinet work, paneling and the like, shall, at its expenseunless Landlord elects otherwise, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations , and shall remain upon, and be surrendered with the Premises Premises, as a part thereof, at the end of the Term hereof. However, Landlord may, by written notice to Tenant, given at least thirty (30) days prior to the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove all partitions, counters, railings, and the like, installed by the Expiration DateTenant, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that such removal or, at Landlord's option, shall pay to Landlord all of Landlord's costs of such removal and repair. Such removal by Tenant of any such improvements shall restore not interfere, in any way, with any other tenant's quiet enjoyment of the affected area Building. b. All moveable articles of personal property and all moveable, unattached business and trade fixtures, machinery and equipment, furniture and partitions owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant is not in default hereunder, and provided further that Tenant shall repair any damage caused by such removal. If Tenant shall fail to remove all of its pre-existing conditioneffects from the Premises upon termination of this Lease for any cause whatsoever, Landlord may, at its option, remove the same in any manner that Landlord shall choose, and store said effects without liability to Tenant for loss thereof. Tenant agrees to pay Landlord upon demand any and all expenses incurred in such removal, including court costs and attorney's fees and storage charges on such effects for any length of time that the same shall be in Landlord's possession. Landlord may, at its option and without notice, sell said effects, or any of the same, at private sale and without legal process, for such price as Landlord may obtain and apply the proceeds of such sale upon (i) any amounts due under this Lease from Tenant to Landlord and (ii) the expenses incident to the removal and sale of said effects. c. Landlord reserves the right at any time and from time to time without the same constituting an actual or constructive eviction and without insuring any liability to Tenant therefor or otherwise affecting Tenant's obligations under this Lease, to make such reasonable wear changes, alterations, additions, improvements, repairs or replacements in or to the Building (including the Premises, if required so to do by any law or regulation) and tear exceptedthe fixtures and equipment thereof, as well as in or to the street entrances, halls, passages and stairways thereof, and to change the name by which the Building is commonly known, as Landlord may deem necessary or desirable. Nothing contained in this Subparagraph 14.c. shall be deemed to relieve Tenant of any duty, obligation or liability of Tenant with respect to making any repair, replacement or improvement or complying with any law, order or requirement of any government or other authority. Nothing contained in this Subparagraph 14.c. shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part other than as expressly provided in this Lease.

Appears in 1 contract

Samples: Office Lease (Loudeye Corp)

Alterations. Tenant shall make no alterationsnot, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in each instance which shall not be unreasonably withheld, make any alterations, improvements, or additions to the Premises. If Landlord consents to said alterations, improvements, or additions, it may impose such reasonable and customary conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, plans and specifications and permits necessary for such work. The work necessary to make any alterations, improvements, or additions to the Premises shall be done at Tenant's expense by employees of, or contractors hired by, Landlord, except to the extent Landlord gives its discretion may deem reasonable or desirableprior written consent to Tenant's hiring contractors. Tenant shall use Landlord’s designated mechanical and electrical promptly pay to Landlord or to Tenant's contractors, obtain all required permits for as the Alterations and shall perform the work in compliance with all applicable lawscase may be, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of when due, the cost of all such work and of all decorating required by reason thereof. Tenant will also pay to Landlord an amount equal to ten percent (10%) of all of the Alterationscosts of such work to reimburse Landlord for its overhead and construction management services allocable to such work. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord may elect to cause its architect to review Tenant’s architectural plansand the holder of any legal or beneficial interest in the land or Building harmless from all costs, damages, liens, and the reasonable cost of that review shall be reimbursed by Tenantexpenses related to such work. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either All work done by Tenant or its contractors pursuant to Sections 6 or 11 hereof shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies and the rules and regulations adopted by the Landlord at Tenant’s request for the Building. Within thirty (collectively, the “Required Removables”). In connection with 30) days after substantial completion of any such work by Tenant or its removal of Required Removablescontractors, Tenant shall repair any damage furnish to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedLandlord "as built" drawings of such work.

Appears in 1 contract

Samples: Office Lease (Biosante Pharmaceuticals Inc)

Alterations. Tenant shall make no All alterations, additionsadditions and improvements, decorationsexcept trade fixtures, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent installed at expense of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall remain upon and be surrendered with the Premises leased premises as a part of thereof on this lease. Such alterations, additions and improvements may only be made with prior written consent of Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations 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 end roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made, Tenant shall promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the Termleased premises in good order and condition, except that Landlord may, natural deterioration only excepted. Any damage caused by notice to Tenant given the installation or removal of trade fixtures shall be repaired at least 30 days Tenant's expense prior to the Expiration Dateexpiration of the lease term. All alterations, require Tenant to remove by the Expiration Dateimprovements, or sooner termination date of this Leaseadditions, all or any Alterations (including without limitation all telephone and data cabling) installed either repairs made by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedbe made in good workmanlike manner.

Appears in 1 contract

Samples: Commercial Lease (Design Automation Systems Inc)

Alterations. Tenant shall make no alterationsnot paint, decorate, install canopies or awnings, or in any way change the Building exterior (or the appearance thereof). No remodeling, additions, decorations, alterations or improvements (collectively referred to as “Alterations”) to structural change shall be made in the Premises Building by Tenant without the prior written consent of Landlord. Landlord , which shall not be unreasonably withheld unless the same would give rise to a credit against Base Rent as provided below, in which case the consent may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirablebe withheld at Landlord's sole discretion. Tenant shall use Landlord’s designated mechanical have the right to install all furniture, furnishings and electrical contractors, obtain all required permits equipment necessary or desirable for the Alterations and shall perform the work in compliance with conduct of Tenant's School, all applicable laws, regulations and ordinances with contractors reasonably acceptable at no cost to Landlord. No additions to the existing Building or the construction of new buildings by Tenant shall be permitted. Any leasehold improvements, furnishings and equipment installed on the Demised Premises shall be maintained by Tenant, at Tenant's expense, in good condition and repair. All alterations, changes, partitions, and installations of leasehold improvements (the "Alterations") shall be performed by a contractor duly licensed by the state or local authority responsible for licensing building contractors and approved by Landlord, such approval not to be unreasonably withheld. Tenant hereby agrees to indemnify and save harmless Landlord from any and all costs or expenses, including attorneys' fees, that Landlord may incur by reason of any claim for labor performed or material furnished or violation of any federal, state or local statute, regulation, code, ordinance or other law that may arise by reason of the installation of any fixtures, equipment or partitions by Tenant as herein provided or alterations or remodeling or any work of any kind which is done or contracted for by Tenant. Notwithstanding the foregoing, to the extent that the Alteration is a capital addition to the School or otherwise has an expected useful life in excess of the time that Tenant would occupy the Building under the Demised Term and is suitable for use by Landlord in the operation of its schools generally, as reasonably determined by Landlord, then Tenant shall be entitled to a supervision fee in credit to be applied against Base Rent, which credit shall be mutually agreed upon by the amount of 5% parties as part of the cost approval of such Alteration. In the event Tenant proposes an Alteration which would give rise to a credit against Base Rent, the work for the same shall be competitively bid and the contract for the same shall be subject to Landlord's approval, not to be unreasonably withheld. No installation of, repair to, or other activity concerning equipment within or other Alterations made to the Building shall: (i) adversely affect the structural integrity of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and Building; (ii) impair or affect the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan weather-tight condition of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to roof or decrease the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.roof's useful life;

Appears in 1 contract

Samples: Lease

Alterations. Tenant 9.1 Sublandlord hereby approves the plans for alterations attached hereto as Exhibit F and agrees to use commercially reasonable efforts to obtain Master Landlord’s consent thereto. Otherwise, during the Term Subtenant shall not make no alterations, additions, decorations, any other alterations or improvements in or additions or improvements to the Premises (collectively referred to as “Alterations”) if to do so would constitute a default under the Master Lease (without regard to any requirement of notice or cure period). Sublandlord’s consent to such Alterations shall not be withheld if Master Landlord consents to such Alterations. Sublandlord shall use reasonable efforts to obtain the consent of Master Landlord. If Alterations by Subtenant are consented to, Subtenant shall comply with all of the covenants of Sublandlord contained in the Master Lease pertaining to the Premises without the prior written consent performance of Landlordsuch Alterations. Landlord may imposeIn addition, as a condition to its consentSubtenant shall indemnify, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical defend and electrical contractorshold harmless Sublandlord against liability, obtain all required permits for the Alterations loss, cost, damage, liens and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% expense imposed on Sublandlord arising out of the cost performance of Alterations by Subtenant and/or failure to remove the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises same at the end of the TermTerm if Sublandlord is required to surrender the Premises to Master Landlord with all such alterations removed and the Premises restored to the condition as of the date of mutual execution of this Sublease. 9.2 Any consented to or actual Alterations shall be made at Subtenant’s sole cost and expense, except that including any cost to comply with applicable laws and regulations and any management or supervision fee charged by Master Landlord may, and shall if Master Landlord at the time of consent does not indicate otherwise in writing to Sublandlord and Subtenant be removed by notice to Tenant given at least 30 days Subtenant prior to the Expiration Dateend of the Term at Subtenant’s sole cost and expense. The cost of such removal shall be paid by Subtenant, require Tenant including restoration of the Premises to remove by the Expiration Date, or sooner termination condition as of the date of mutual execution of this Lease, all or Sublease and damage due to any Alterations (including without limitation all telephone and data cabling) installed either part thereof occasioned by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedsuch removal.

Appears in 1 contract

Samples: Sublease (Conceptus Inc)

Alterations. Tenant shall make no alterations, additions, decorations, or Landlord acknowledges that it has consented to all alterations and improvements (collectively referred to as “Alterations”) made to the Premises by Tenant prior to the Effective Date, including clean rooms and approximately 12,000 square feet of office space. Tenant shall not make any additional alterations to the Project or the Phase after the Effective Date other than to the Premises (the Premises shall include the outdoor tank farm). Tenant shall not make any additional alterations to the Premises after the Effective Date without the Landlord’s prior written consent of Landlordin each instance which consent shall not be unreasonably withheld or delayed but which may be issued subject to reasonable conditions. If Landlord gives its consent to such alterations, Landlord may imposepost notices in accordance with the laws of the state in which the Premises are located. All alterations other than Tenant’s trade fixtures, as and any equipment and personal property, shall be a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for part of the Alterations Premises and shall perform the work in compliance with all applicable laws, regulations remain on and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end upon expiration or termination of the Termthis Lease, except for those which Landlord elects shall be removed by written notice given during the Lease Term or within sixty (60) days thereafter; provided, however, Landlord hereby agrees that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, it accepts and will not require Tenant to remove by the Expiration Date, at expiration or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either the approximately 12,000 square feet of additional office space added by Tenant or the wiring, or plumbing now or hereafter installed by Landlord Tenant in accordance with the provisions of this Lease. If any alterations are to be removed, Tenant at its own cost shall restore the Premises to the condition existing prior to such alteration being made, before the last day of the term or, if later, within thirty (30) days (or such additional time as reasonably shall be necessary to remove same) of Landlord’s written notice to Tenant to remove the same. Any request for Landlord’s consent to alterations shall be made at least thirty (30) days before any work is commenced and shall be accompanied by (i) detailed and cost plans and specifications for all alterations, and (ii) Tenant’s request written agreement to provide, upon completion of work, a complete set of as-built plans and specifications. Landlord may issue such consent subject to conditions (collectively, the “Required Removables”including but not limited to conditions requiring deposit with Landlord of funds and/or bonds to cover one-third (1/3) of anticipated alteration costs). In connection All alterations shall be constructed only after obtaining Landlord’s prior written consent and only in conformity with its removal all Laws. The issuance of Required RemovablesLandlord’s consent shall not be a waiver of nor any opinion regarding Xxxxxx’s obligation to comply with all Laws. Should Landlord consent in writing to Tenant’s alteration of the Premises, Tenant shall repair any damage contract with a contractor approved by Landlord for the construction of such alterations (which approval shall not be unreasonably withheld or delayed but which may be issued subject to reasonable conditions), shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with the plans and specifications approved by Landlord, All such construction shall be performed in a manner which will not unreasonably interfere with the quiet enjoyment of other tenants of the Project. Tenant shall pay all costs for construction of alterations and shall keep this Lease, the Premises arising and the Project free and clear of all liens which may result from that removal work by third parties authorized by Xxxxxx. If any such lien is filed, and not removed within ten (10) days of written notice thereof from Landlord to Tenant, the same shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedbe an event of default hereunder.

Appears in 1 contract

Samples: Lease (Nlight, Inc.)

Alterations. Other than the construction specified in paragraph 6.2 and non-structural alterations costing less than $5,000, Tenant shall not make no or suffer to be made any alterations, additions or improvements to the Premises or any part thereof, including the attachment of any fixtures or equipment, without obtaining Landlord’s prior written consent, which consent shall not be unreasonably withheld. When applying for such consent, Tenant shall furnish complete plans and specifications for such alterations, additions or improvements. All alterations, additions, decorationsfixtures and improvements, whether temporary or improvements (collectively referred to as “Alterations”) to permanent in character, made in or upon the Premises without the prior written consent of Landlord. either by Landlord may imposeor Tenant, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% at once become part of the cost of the Alterations. realty and belong to Landlord may elect to cause its architect to review Tenant’s architectural plansand, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Termterm hereof, except that Landlord may, by notice shall remain on the Premises without compensation of any kind to Tenant given at least 30 days prior to except as herein provided in this Lease. Movable furniture and equipment shall remain the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date property of Tenant. Notwithstanding any other provision contained in this Lease, all Tenant agrees that it shall, upon Landlord’s written request, at its sole cost and expense, promptly remove any alterations, additions, fixtures, communication system or any Alterations (including without limitation all telephone and data other cabling) installed either by Tenant , or improvements designated by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall to be removed and repair any damage to the Premises arising resulting from such removal. Such removal shall be made prior to the expiration or termination of this Lease if Landlord gives Tenant such written request no less than thirty (30) days prior to the expiration or termination of this Lease, provided that if Tenant requests that Landlord make the determination as to whether or not Landlord will require removal of certain improvements at the time of Tenant’s installation of such improvements, then Landlord will make such determination at the time requested by Tenant. All work done by or for Tenant costing in excess of $5,000 per set of improvements shall be performed by a licensed general contractor who, if the cost of the work exceeds $10,000, shall provide a full payment and performance bond naming both Landlord and Tenant as insured. Tenant shall restore not be required to remove the affected area initial Tenant Improvements installed pursuant to its pre-existing condition, reasonable wear and tear exceptedthe Work Letter.

Appears in 1 contract

Samples: Lease (Constant Contact, Inc.)

Alterations. Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any such requirements that Landlord in its discretion may deem reasonable or desirableas are reasonable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 53% of the cost of such Alterations requiring a permit from the AlterationsCity of Irvine or which would affect the Building mechanical and/or operating systems. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease Agreement (TigerLogic CORP)

Alterations. Other than the Tenant Improvements, Tenant shall not make no alterations, additions, decorations, any structural alterations or improvements in or additions (collectively referred to as “Alterations”) to the Premises or make any changes to locks on doors or add to, disturb or in any way change any of the wiring or plumbing in the Premises or the Buildings, without first obtaining the prior written consent of Landlord, and, when appropriate, in accordance with plans and specifications approved by Landlord, which consent shall not be unreasonably withheld. Landlord may imposeAll such Alterations shall be at the sole cost and expense of Tenant and shall be performed by contractors or mechanics approved by Landlord, as which consent shall not be unreasonably withheld. All work with respect to any such Alterations shall be done in a condition good and workmanlike manner, shall be of a quality equal to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits exceeding the then existing construction standards for the Buildings 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 and shall perform the work be diligently prosecuted to completion. All such Alterations shall be made strictly in compliance accordance with all applicable laws, regulations and ordinances with contractors reasonably acceptable relating thereto, and no interior improvements installed by Landlord in the Premises may be removed unless the same are promptly restored to Landlorda condition similar or better. Landlord hereby reserves the right to require any contractor or mechanic working the Premises to provide lien waivers and liability insurance covering such Alterations to the Premises. Tenant shall be entitled give Landlord ten (10) days’ written notice of the commencement of any Alterations and agrees to a supervision allow Landlord and its Lender to enter the Premises at reasonable times and post appropriate notices to avoid liability to contractors or material suppliers for payment for such Alterations. Notwithstanding anything contained herein to the contrary, Tenant may make any nonstructural interior Alterations that do not adversely affect the value of the Premises, the structural integrity of the Buildings or any Building system without Landlord’s consent. No Alterations shall adversely affect either the strength or exterior appearance, or the mechanical, electric or plumbing services of the Buildings. Tenant shall reimburse Landlord for any reasonable sums expended by Landlord for examination and approval of architectural or mechanical plans and specifications of the Alterations provided that Landlord shall not charge any examination fee in connection with the amount of 5% of the cost Tenant Improvements. Tenant shall also reimburse Landlord for reasonable direct costs incurred during any inspection of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed All damages or injury done to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either Buildings by Tenant or by Landlord at any persons who may be in or upon the Premises or Buildings with the express or implied consent of Tenant’s request (collectively, including but not limited to the “Required Removables”). In connection with its removal cracking or breaking of Required Removablesany glass of windows and doors, shall be paid for by Tenant and Tenant shall repair any pay for all damage to the Premises arising from that removal and shall restore Buildings caused by negligent acts or omissions of Tenant or Tenant’s officers, contractors, agents, invitees while in the affected area to its pre-existing conditionPremises, reasonable wear and tear exceptedlicensees, or employees.

Appears in 1 contract

Samples: Lease Agreement (Blue Nile Inc)

Alterations. Tenant shall accept the Leased Premises in "as is" condition. Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises office space (such as subdividing partitions of installing walls, paneling, bookshelves, floor covering, cabinets, and similar items) without obtaining the prior written consent of Landlord. Landlord may impose, as a condition Such consent shall not be unreasonably withheld in the case of minor alterations to its consent, any requirements that Landlord in its discretion may deem reasonable or desirableconform the office space to the use of Tenant. Tenant shall use Landlord’s designated mechanical bear the cost and electrical contractors, obtain all required permits be solely responsible for the Alterations property damage or bodily injury resulting from any alterations which are permitted by Landlord hereunder. When made, such additions or improvements made by Tenant (except only moveable office furniture, book shelves and similar equipment) shall become the property of Landlord and shall perform remain upon and be surrendered with the work office space at the termination of this Lease or upon Tenant's vacating said premises. Landlord may, at its option, however, require Tenant to remove any such additions or improvements which Landlord designates in compliance written notice, delivered to Tenant specifying the items to be removed. Upon receipt of such notice Tenant shall complete the removal of the designated items not later than the date of the expiration or earlier termination of this Lease or five (5) days after receiving such notice, whichever is later. Tenant agrees to and shall promptly reimburse Landlord for any expenses which Landlord incurs in connection with removing such items (if Tenant fails to do so) and restoring the office space to its original condition. Tenant, at its sole cost and expense, shall comply with all applicable laws, rules and regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed relating to the Leased Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease Agreement (Matewan Bancshares Inc)

Alterations. Tenant shall not paint or make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) any alterations to the Premises premises without the prior written consent of the Landlord. ADDITIONAL PROVISIONS, RULES, AND REGULATIONS listed on a separate page of this rental agreement are also incorporated into this agreement. Rent: (12 mo: $230; 10 or 5 mo: $265) $ Non-refundable Cleaning Deposit ($50) $ Refundable Security, Damage, Cleaning, Utility Deposit: ($100) $ First month Utility Deposit: ($45) $ Annual Parking permit: ($100) $ TOTAL: $ FUNDS RECEIVED: Make checks payable to Berea LLC. Printed Signed Date Tenant Printed Signed Date Cosigner (Tenants less than 21 years old must have a parent or guardian cosigner.) Printed Signed Date Landlord may impose(Xxxxxxx Xxxxx, as a condition to its consent000 X 00xx Xxxxxxxx Xxxxxxx, any requirements that Landlord Xxxxxx, XX 17543) MAINTENANCE AND REPAIRS: Tenant accepts the premises in its discretion may deem reasonable or desirablepresent condition and shall maintain the premises in a clean and orderly condition, including but not limited to appliances, plumbing, floor coverings, and all furnishings. It is the responsibility of the Tenant to maintain all smoke detectors in operating condition. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for promptly inform the Alterations and Landlord of any needed repairs in writing. Tenant shall perform not make repairs or have repairs made with prior written authorization of the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord Repairs will be charged to and paid by Tenant if damages are the result of the Tenants’ negligence or intentional actions or the negligence or intentional actions of Tenants’ family members, guests, invitees or agents. Except for Apartments, all grounds will be maintained by Tenant, including but not limited to lawn mowing, weed control, watering and shrub care. Sidewalks shall be entitled to a supervision fee in the amount kept free of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansice, snow and debris, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing a safe condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Rental Agreement

Alterations. Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not adversely affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any reasonable requirements, including but not limited to (i) a requirement that any work anticipated to cost in excess of $175,000.00 be covered by a lien and completion bond satisfactory to Landlord and (ii) requirements that Landlord in its discretion may deem reasonable or desirableas to the manner, time, and contractor 13 for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s 's designated mechanical and electrical contractors, contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the Alterations work and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlordordinances. Landlord shall be entitled to a supervision fee in the amount of five percent (5% %) of the cost of the Alterationswork if Landlord or its management agent for the Project is actively involved in the supervision of the work. Landlord may elect to cause its architect to review Tenant’s architectural plans, and Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the reasonable cost of that review Premises. Any request for Landlord's consent shall be reimbursed by Tenant. Should made in writing and shall contain architectural plans describing the Alterations proposed by Tenant and consented work in detail reasonably satisfactory to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord's consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s 's request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall and to repair any damage to the Premises arising from that removal and removal. However, Tenant shall restore be required to fund the affected area cost of removing an improvement shown in the "Plan" (as defined in Exhibit X hereto) only to its pre-existing conditionthe extent so specifically provided in Exhibit X. Except as otherwise provided in this Lease or in any Exhibit to this Lease, reasonable wear and tear exceptedshould Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs reasonably incurred.

Appears in 1 contract

Samples: Office Space Lease (Quest Software Inc)

Alterations. Tenant shall not make no alterations, any improvements or alterations in or additions, decorations, changes or improvements (collectively referred to as “Alterations”) installations to the Premises (collectively, "Alterations") without the submitting plans and specifications therefor to Landlord, and obtaining Landlord's prior written consent in each instance, which Landlord shall not unreasonably withhold or delay. Notwithstanding the foregoing, however, no Alterations shall be permitted to the outside dimensions of the Premises or the Building, existing bearing walls and columns, exterior walls, roof, structural ceiling or foundations, nor shall Tenant install any electrical equipment that would overload the lines in the Premises or interfere with the electrical usage of other tenants, or install any Alterations visible from the exterior of the Building, unless approved in writing by Landlord in Landlord's sole discretion. All Work shall be performed (a) at the sole cost and expense of Tenant by employees of contractors employed by Landlord, or with Landlord's written consent given prior to letting of the contract, by contractors employed by Tenant under a written contract previously approved in writing by Landlord, and (b) on such terms and under such conditions as Landlord, in its reasonable discretion, shall determine as will protect the Premises and the Building from improper contractors' work and against the imposition of any lien resulting from Alterations; without limiting the foregoing, if Landlord consents to any Alterations, such Alterations shall be performed subject to the following requirements: (1) If the Alterations are to be done by Tenant's contractors, Tenant shall furnish to Landlord, prior to commencement thereof, building permits and certificates of appropriate insurance and bonds satisfactory in all respects to Landlord. Tenant shall also furnish to Landlord, if Landlord may imposeso requests, security for the payment of all costs to be incurred in connection with the Alterations. (2) If required by Landlord, Tenant shall secure at Tenant's own cost and expense a completion and lien indemnity bond satisfactory to Landlord for any Alterations. Upon completion of any Alterations, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien, each conforming to the applicable Pennsylvania statutory requirements, as-built plans of any Alterations and receipted bills covering all labor and materials expended and used. Insofar as a condition applicable to its consentthe work or material for which payment is requested or notice or lien claim is made, any requirements that Landlord in its sole discretion shall make available for partial or final payment or release thereof such funds as may deem reasonable or desirable. have been deposited with it by Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the estimated cost of such work. (3) Any Alterations permitted to be undertaken by Tenant's contractors shall be performed in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and the other tenants and so as not to cause interference with the continuance of work to be performed and services to be rendered to the Project or the other tenants. (4) All Alterations shall perform the work in compliance comply with all insurance requirements and with all applicable laws, regulations ordinances and ordinances regulations. All Alterations shall be constructed in a good and workmanlike manner, and only good grades of material shall be used with contractors reasonably acceptable a quality equal to Landlordor better than that used in the Building. (5) Tenant shall permit Landlord to supervise all Alterations within the Premises. Landlord shall be entitled charge a supervisory fee not to a supervision fee in the amount of 5% exceed (a) fifteen percent (15%) of the total cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, including, without limitation, all labor and material costs, if Landlord's employees or contractors perform the Alterations, and (b) ten percent (10~o) of the reasonable total cost of the Alterations, including, without limitation, all labor and material costs, if Tenant's employees or contractors perform the Alterations. (6) By approving any request for Alterations submitted by Tenant, Landlord does not (i) expressly or implicitly covenant or warrant that review any plans or specifications are accurate, safe or sufficient or that the same comply with any applicable laws, ordinances, building codes, or the like, or (ii) consent to the imposition of any lien on the Premises or the Building for any work performed or materials delivered in connection with any such Alterations. Tenant shall be reimbursed by Tenantsolely responsible for compliance with applicable laws, ordinances, building codes, and/or the like, and for obtaining all necessary permits and governmental approvals and for construction of said improvements in compliance with same. Should Further, Tenant shall indemnify, defend and hold harmless Landlord and the Alterations proposed by Tenant and consented to Premises from any loss, cost or expense, including reasonable legal fees, incurred by Landlord change the floor plan as a result of the Premisesany defects in design, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all materials or workmanship resulting from such Alterations. (7) All Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such , unless Landlord directs that such Alterations be removed by Tenant at the expiration or earlier termination of this Lease (which direction, as to Alterations for which Tenant has obtained Landlord's consent as provided herein, shall be surrendered with the Premises made by Landlord, if at all, at the end of the Term, except that time Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”grants such consent). In connection with its removal of Required Removablessuch case, Tenant Tenant, at Tenant's sole expense, shall remove the Alterations and repair any all damage to the Premises arising resulting from that such removal and shall restore the affected area areas to its pre-existing conditiona condition reasonably compatible with the remainder of the Premises as reasonably determined by Landlord, reasonable wear or, at Landlord's option, shall pay to Landlord all costs arising from such removal and tear exceptedrestoration. If Tenant desires telegraphic, telephonic, burglar alarm, computer installations or signal service beyond that which is to be provided, if any, as part of the Tenant Improvements (all of which shall be at Tenant's sole cost and expense), Landlord shall, upon request, direct where and how all connections and wiring for such service shall be introduced and run. In the absence of any such directions, Tenant shall make no borings, cutting or install any wires or cable in or about the Premises.

Appears in 1 contract

Samples: Lease Agreement (Bionx Implants Inc)

Alterations. Tenant Lessee shall make no alterationsnot, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may imposeLessor, as a condition to its consentmake any alterations, any requirements that Landlord in its discretion may deem reasonable improvements or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed additions to the Premises. If Lessor consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Lessor deems appropriate, including without limitation requiring Lessee to furnish Lessor with security for the payment of all Tenant Improvements constructed pursuant costs to be incurred in connection with such work and the plans and specifications together with all permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Work Letter (premises shall be done at Lessee's expense by employees of or contractors hired by Lessor except to the extent Lessor gives its prior written consent to Lessee's hiring contractors. Lessee shall promptly pay to Lessor or to Lessee's contractors, as otherwise provided the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Upon completion of such work, Lessee shall deliver to Lessor, if payment is made directly to contractors, evidence of payment, contractor's affidavits and full final waivers of all liens for labor, services or materials. Lessee shall defend and hold Lessor and the Land and the Building harmless from all costs, damages, liens, and expenses related to such work. Lessor reserves the right to require separate documentation in the Work Letter)event it elects to have third-party financing of any improvements to be performed by Lessor. All work done by Lessee or its contractors shall be done in a first-class, but excluding moveable trade fixtures workmanlike manner, using only good grades of materials and furnitureshall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All alterations, improvements and additions to the premises, whether temporary or permanent in character, made or paid for by the Lessor or Lessee shall become the Lessor's property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this LeaseLease and shall, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectivelyunless Lessor requests their removal, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage be relinquished to the Premises arising from that removal and shall restore the affected area to its pre-existing Lessor in good condition, reasonable ordinary wear and tear excepted.

Appears in 1 contract

Samples: Asset Purchase Agreement (Susquehanna Media Co)

Alterations. Subsequent to the completion of any Landlord Tenant Improvement Work pursuant to Section 2, Tenant shall not attach any fixtures, equipment or other items to the Premises, or paint or make no any other additions, changes, alterations, additions, decorations, repairs or improvements (collectively referred to as hereinafter Alterationsalterations”) to the Premises Premises, Building or Property without the Landlord’s prior written consent consent, which with respect to alterations to the Premises will not be unreasonably withheld so long as Tenant is not then, nor has been, in default of Landlordthis Lease (beyond any applicable cure period). If Landlord consents to any alteration, Landlord may impose, as a condition to its consent, any requirements that Landlord post notices of nonresponsibility in its discretion may deem reasonable or desirableaccordance with law. Tenant Any alterations so made shall use Landlord’s designated mechanical remain on and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end upon expiration or earlier termination of the Termthis Lease, except that Landlord may, by notice within thirty (30) days before or thirty (30) days after expiration or earlier termination hereof elect to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by any or all alterations at Tenant’s sole costs and expense. At the Expiration Datetime Tenant submits plans for requested alterations to Landlord for Landlord’s approval (including any and all plans for initial improvements pursuant to Exhibit B), Tenant may request in writing that Landlord to identify which alterations Landlord may require Tenant to remove at the termination of or sooner termination date expiration of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection shall make such identification simultaneous with its approval (if any) of the alterations, and, in such event Tenant shall not be required to remove any alterations not so identified. If Landlord elects to require removal of Required Removablesalterations, then at its own and sole cost and expense, Tenant shall repair any damage restore the Premises to the Premises arising from that removal and shall restore condition designated by either Landlord in their election, before the affected area to last day of the term or within thirty (30) days after notice of its pre-existing conditionelection is given, reasonable wear and tear exceptedwhichever is later.

Appears in 1 contract

Samples: Office Lease (Visualant Inc)

Alterations. Tenant shall not make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) any alterations to the Premises or Project, including any changes to the existing landscaping, without the Landlord’s prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord which consent may be withheld in its discretion may deem reasonable or desirableLandlord’s sole, subjective and absolute discretion. Tenant shall use shall, however, have the right to make interior, non-structural alterations to the Premises with Landlord’s designated mechanical and electrical contractorsprior written consent, obtain all required permits for which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the Alterations and shall perform the work in compliance with all applicable lawsforegoing, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord Tenant shall be entitled to a supervision fee make interior, non-structural alterations without Landlord’s consent, provided that such alterations do not cost more than $25,000 individually or $100,000 in the amount aggregate over the Lease Term and provided that Tenant gives Landlord prior written notice thereof. Landlord’s consent shall be deemed to have been given as to interior, non-structural alterations to the Premises if not withheld by the thirtieth (30th) day following Landlord’s receipt of 5% all plans, specifications and working drawings determined by Landlord’s architect to be sufficient to permit an informed decision with respect to the proposed interior non-structural alteration. In the event that Landlord shall not approve any such request, Landlord shall provide Tenant with an explanation of the basis for such disapproval. If Landlord gives its consent to such alterations, Landlord may post notices of nonresponsibility and require Tenant to comply with other rules and regulations as Landlord may establish from time to time, including submission of plans and specifications for Landlord’s approval, the posting of performance and payment bonds for any alterations that cost more than $100,000 (to the extent consistent with standard industry bonding practices for comparable projects), and reimbursement to Landlord for the reasonable, out-of-pocket cost of the Alterations. any engineering or consulting firms required by Landlord may elect to cause its architect to review Tenant’s architectural plans, proposed plans and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant for an independent roofing consultant and consented to any roofing contractor required by Landlord change if said alterations involve roof penetrations or other work on the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings roof. Any alterations made shall remain on and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end upon expiration or termination of the Termthis Lease, except that Landlord mayLandlord, by notice in its sole and absolute discretion, may elect to require Tenant given at least 30 days prior Tenant’s cost to remove any alterations (including any initial tenant improvements) which Tenant may have made to the Expiration DatePremises. As part of any approval of proposed alterations, Tenant may request that Landlord notify Tenant of the extent to which Landlord shall require Tenant to remove by such alterations upon the Expiration Date, expiration or sooner earlier termination date of this Lease. Tenant’s failure to request such notification and/or Landlord’s failure to provide such notification shall be deemed to be Landlord’s determination that the alterations are subject to Landlord’s removal election. If Landlord so elects, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord , at Tenant’s request cost, shall restore the Premises to the condition designated by Landlord in its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant’s alteration of the Premises, Tenant shall contract with a duly licensed contractor reasonably approved by Landlord, for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. All permitted alterations performed by or through Tenant under this Section 12 shall comply with all laws, statutes, rules, regulations, ordinances, and orders, now and hereinafter in effect. Any valuations or cost analyses of any alterations which are to be submitted to any governmental authority or with the County must be approved by Landlord in its reasonable discretion. All such construction shall be performed in a manner which will not unreasonably interfere with the quiet enjoyment of other tenants of the Project. Tenant shall pay all costs for such construction and shall keep the Premises and the Project free and clear of all mechanics’, materialmen’s, design professionals’, and other liens which may result from construction by or through Tenant. In the event any such lien is filed as a result of any work undertaken by or through Tenant and such lien is not removed or bonded within ten (10) days after written demand by Landlord, Landlord shall have the right (but not the obligation) to satisfy the claim or post a release bond in the statutory amount, in which case any and all costs incurred by Landlord (including any attorneys’ fees) shall be reimbursed by Tenant to Landlord as Additional Rent with the next ensuing payment of Base Monthly Rent. Landlord acknowledges that Tenant desires to perform the following work in the Premises after the Effective Date (collectively, as, when and to the extent approved by Landlord, the “Required RemovablesDesired Improvements)): (i) build an additional 2,000 square feet of office space (which would include the addition of one (1) single ADA restroom) in the portion of the Premises depicted on Exhibit “B” attached hereto; (ii) build an approximately 1,000 square foot locker room with additional restrooms and showers in the rear of the warehouse portion of the Premises depicted on Exhibit “B” attached hereto; (iii) install a window in the east wall of the mezzanine office area overlooking the bullpen in order to allow more natural light into the mezzanine area; and (iv) install air conditioning throughout the warehouse portion of the Premises so that the fitness area can be climate controlled. In connection with its removal of Required Removables, Tenant The Desired Improvements shall repair any damage be considered alterations to the Premises arising from that removal and shall restore be subject to the affected area terms of this Section 12 in all respects, including, without limitation, that Tenant shall be required to its pre-existing conditionobtain Landlord’s prior written consent of the specific details of the Desired Improvements (including, reasonable wear without limitation, their exact location, plans and tear exceptedspecifications and contractor). Notwithstanding anything to the contrary in this Section 12, Landlord’s consent shall be deemed to have been given as to the Desired Improvements if not withheld by (a) the fifteenth (15th) day following Landlord’s receipt of all plans, specifications and working drawings determined by Landlord’s architect to be sufficient to permit an informed decision with respect to the proposed Desired Improvements and (b) two (2) business days following a reminder notice delivered by Tenant to Landlord on or after such fifteenth (15th) day.

Appears in 1 contract

Samples: Industrial Lease (MusclePharm Corp)

Alterations. Tenant Lessee shall not make no or permit to be made any material alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to or of the Premises Leased Property or any part thereof without the prior written consent of LandlordLessor, which consent shall not be unreasonably withheld, and any alterations, additions or improvements to, or on the Leased Property, except movable furniture and trade fixtures, shall at once become a part of the realty and belong to Lessor. Landlord may imposeLessee shall submit working drawings for any such alterations, additions or improvements to Lessor for Lessor's prior written approval. In the event Lessor consents to the making of any alterations, additions or improvements to the Leased Property by Lessee, the same shall be made by Lessee at Lessee's sole cost and expense and such work shall be performed in a workmanlike manner. Lessee shall keep the Leased Property free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee. In the event a mechanic's or other lien is filed against the Leased Property as a condition result of a claim arising through the Lessee, Lessee shall, upon request by Lessor, furnish to its consent, any requirements that Landlord Lessor a surety bond satisfactory to Lessor in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable an amount equal to Landlord. Landlord shall be entitled to a supervision fee in at least one hundred fifty percent (150%) of the amount of 5% of the cost of contested lien, claim or demand, indemnifying Lessor against liability for the Alterationssame. Landlord Lessor may elect require Lessee to cause pay Lessor's attorneys' fees and costs in participating in any action to foreclose such lien if Lessor shall decide it is to its architect best interest to review Tenant’s architectural plans, and do so. Lessee shall return the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented Leased Property to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises Lessor at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, expiration or sooner earlier termination date of this LeaseLease in good and sanitary order, all or any Alterations (including without limitation all telephone condition and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectivelyrepair, the “Required Removables”). In connection with its removal free of Required Removablesrubble and debris, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing conditionbroom clean, reasonable wear and tear excepted. Any deferred maintenance or other conditions other than normal wear and tear shall be remedied at Lessee's sole cost and expense. All damage to the Leased Property caused by the removal of trade fixtures and other personal property that Lessee is permitted to remove under the terms of this Lease and/or such restoration shall be repaired by Lessee at its sole cost and expense prior to termination.

Appears in 1 contract

Samples: Lease Agreement (Provant Inc)

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Alterations. Except for alteration projects costing less than $25,000.00 and satisfying the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld, conditioned or delayed as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, and utilize only building standard materials. Landlord may impose, as a condition to its consent, any requirements that Landlord in its reasonable discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all work affecting the mechanical or electrical systems of the Building. Should Tenant perform any work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations work and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. ordinances, and Landlord shall be entitled to a supervision fee in the amount of 5% three percent (3%) of the cost of the Alterationswork, which fee shall not be imposed if the nature and scope of the Tenant work is exclusively cosmetic (i.e. carpet and paint) in nature and not part of a larger Tenant improvement project, in which case the fee shall be applied. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Tenant shall use commercially reasonable efforts not to prosecute any alteration work that results in picketing or labor demonstrations in or about the Building or Project. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations work proposed by Tenant and consented to by Landlord change modify the floor plan internal configuration of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord’s consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all such alteration or any Alterations (including without limitation all telephone and data cabling) improvement installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”)request. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-pre- existing condition, reasonable wear and tear excepted. Tenant shall not be required to remove any improvements existing in the Premises as of the date of this Lease or any of the paint or carpet improvements made as part of the improvements described in Exhibit X of this Lease; provided, however, Tenant shall be obligated to remove the supplemental HVAC unit in the Premises. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt payment from Tenant of the reasonable cost thereof, inclusive of the standard coordination fee of Landlord’s management agent (but exclusive of any fees in any way pertaining to the management of any contractor affiliated with Landlord).

Appears in 1 contract

Samples: Office Space Lease (BofI Holding, Inc.)

Alterations. Tenant (A) Subject to the terms and provisions of this Sublease, Subtenant shall accept the existing improvements to the Premises in their “as is” condition as of the date hereof and shall have no obligation to remove those existing improvements at the end of the Term. Subtenant shall make no other alterations, additionsinstallations, decorations, additions or improvements (collectively referred to as collectively, “Alterations”) to in or about the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Sublandlord and Prime Landlord in its discretion may deem reasonable or desirableeach instance as provided in the Prime Lease. Tenant Any alterations consented to by Prime Landlord shall use be deemed to have been consented to by Sublandlord provided and on condition that Prime Landlord’s designated mechanical consent states that neither Subtenant nor Sublandlord shall be required to restore the Premises upon expiration or earlier termination of this Sublease to the condition prior to such installation of alteration. If Prime Landlord’s consent does not so state, then Sublandlord’s consent to such Alteration may be reasonably withheld, conditioned or delayed. All alterations shall be performed by Subtenant at its sole cost and electrical contractors, obtain all required permits for the Alterations expense and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost provisions of the Prime Lease, including the provisions requiring Prime Landlord’s prior written consent. In the event that Subtenant shall make any Alterations. , Subtenant shall, if required by Prime Landlord may elect and Sublandlord, upon consent for making such Alteration, restore the Premises to cause its architect to review Tenant’s architectural plans, and their original condition at the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan commencement of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Sublease (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted) at the expiration of this Sublease. Subtenant will only be required to restore Specialty Alterations (as defined in the Prime Lease) or other alterations if required by Prime Landlord if Prime Landlord expressly requires such restoration in writing at the time it gives its approval. Subtenant hereby indemnifies and holds Sublandlord harmless from any liability, it may incur to Prime Landlord or others resulting from Subtenant’s Alterations.

Appears in 1 contract

Samples: Sublease Agreement (Getty Images Inc)

Alterations. Tenant shall not make no any alterations to or that could affect the Structural Components, the Building roof membrane, the Building systems (including the HVAC units and systems), the exterior of the Building (including any changes to the existing landscaping), without Landlord’s prior written consent, which consent may be withheld in Landlord’s sole, subjective and absolute discretion. Tenant shall, however, have the right to make interior, non-structural alterations that do not affect the Building systems with the Landlord’s prior written consent, which consent shall not be unreasonably withheld. Landlord’s consent shall be deemed to have been given if not withheld by the tenth (10th) day following Landlord’s receipt of all plans, specifications and working drawings determined by Landlord’s architect to be sufficient to permit an informed decision with respect to the proposed interior non-structural alteration. If Landlord gives its consent to such alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may imposepost notices of nonresponsibility and require Tenant to comply with other rules and regulations as Landlord may establish from time to time, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use including submission of plans and specifications for Landlord’s designated mechanical approval, the posting of performance and electrical contractorspayment bonds for any alterations the estimated cost of which is in excess of $100,000.00, obtain all required permits and reimbursement to Landlord for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. any engineering or consulting firms required by Landlord may elect to cause its architect to review Tenant’s architectural plans, proposed plans and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant for an independent roofing consultant and consented to any roofing contractor required by Landlord change if said alterations involve roof penetrations or other work on the floor plan roof. In consideration for Landlord’s review of Tenant’s proposed plans and alterations, upon completion of construction, Landlord shall receive, as additional Rent, an amount equal to four percent (4%) of the Premisestotal construction cost but in no event less than $300.00 per alteration occurrence. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, then except that Landlord, in its sole, subjective and absolute discretion, may elect to require Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to remove any alterations (including the Premises, including without limitation all Tenant Improvements initial tenant improvements constructed pursuant to the Work Letter Agreement to the extent Landlord requires removal) which Tenant may have made to the Premises. However, after completion of the initial tenant improvements, Tenant shall have the right upon submitting to Landlord a request for consent to any subsequent alterations to concurrently request Landlord’s determination whether Landlord will require that such proposed alterations be removed upon expiration or earlier termination of the Lease. If such a request is made, Landlord shall notify Tenant, concurrently with Landlord’s response to the request for approval, whether Landlord will require the removal of such alterations. Landlord’s failure to notify Tenant within ten (except as otherwise provided in 10) business days following receipt of the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations request shall be surrendered with the Premises at the end deemed to be Landlord’s determination to require that such alterations be removed upon expiration or earlier termination of the Term. If Landlord elects or is deemed to have elected to require removal of such alterations, except that Landlord maythen Tenant, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request cost, shall restore the Premises to the condition designated by Landlord in its election, before the last day of the Term or within thirty (collectively30) days after notice of its election is given, whichever is later. Notwithstanding the “Required Removables”). In connection with its removal of Required Removablesforegoing, Tenant shall repair any damage have the right to make non-structural, interior alterations to the Premises arising from that removal do not affect Building systems costing no more than Fifty Thousand Dollars ($50,000.00) in any one Lease Year (the “Cost Threshold”) without obtaining Landlord’s prior consent (“Pre-Permitted Alterations”); provided, however, for any proposed Pre-Permitted Alterations, Tenant shall deliver to Landlord at least fifteen (15) days prior written notice together with reasonably sufficient supporting documentation that the proposed alterations are non-structural, affect only the interior of the Premises, do not affect the Building systems, and are within the Cost Threshold for that Lease Year. Tenant shall, at Landlord’s election, remove all such Pre-Permitted Alterations upon expiration or earlier termination of the Lease. For all alterations approved by Landlord (including all Pre-Permitted Alterations), Tenant shall contract with a licensed California contractor approved by Landlord, for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall restore complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. All permitted alterations performed by or through Tenant under this Section 12 shall comply with all applicable Laws. Any valuations or cost analyses of any alterations which are to be submitted to any governmental authority or with the affected area County must be approved by Landlord in its sole and absolute but good faith discretion. All such construction shall be performed in a manner which will not interfere with the quiet enjoyment of other tenants of the Building. Tenant shall pay all costs for such construction and shall keep the Premises and the Building free and clear of all mechanics’, materialmen’s, design professionals’, and other liens which may result from construction by or through Tenant. In the event any such lien is filed as a result of any work undertaken by or through Tenant and such lien is not removed within five (5) days after written demand by Landlord, Landlord shall have the right (but not the obligation) to its pre-existing conditionsatisfy the claim or post a release bond in the statutory amount, reasonable wear in which case any and tear exceptedall costs incurred by Landlord (including any attorneys’ fees) shall be reimbursed by Tenant to Landlord as additional Rent with the next ensuing payment of Base Monthly Rent.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (Metropark Usa Inc)

Alterations. Tenant Lessee shall not make no alterations, additions, decorations, or improvements (collectively referred permit any other person to as “Alterations”) make any alterat~on5 to the Premises premises without the prior written consent of LandlordLessor. Landlord may impose, as a condition Should Lessor consent to its consent, the making of any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for alterations to the Alterations and shall perform premises by Lessee the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord alterations shall be entitled to made at the sole cost and expense of Lessee by a supervision fee contractor or other person selected by Lessee and approved in the amount of 5% of the cost of the Alterationswriting before work commences by Lessor. Landlord may elect to cause its architect to review Tenant’s architectural plansAny and all alterations, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premisesadditions, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed or Improvements made to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, premises shall on expiration or sooner termination of this lease become the property of Landlord. Such Alterations shall be surrendered with Lessor and remain on the Premises at the end of the Termpremises; provided, except however, that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, on expiration or sooner termination of this lease and written demand being given by Lessor, Lessee shall at Lessee's sole cost and expense remove all alterations, additions, and improvements made to the premises by Lessee and pay all costs of repairing any damages to the premises caused by their removal. Maintenance and Repairs Lessee admits, by entering into possession under this lease, that the premises are now in a good, clean, and safe condition and repair. Lessee shall, at all times during the term of this lease and any renewal or extension thereof, maintain, at Lessee's sole cost and expense, the premises, and every part of the premises, in a good, clean, and safe condition, and shall on expiration or sooner termination of this lease surrender the premises to Lessor in as good condition and repair as they are' in on the date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing conditionlease, reasonable wear and tear and damage by the elements excepted. Lessee hereby waives any right to make repairs to the premises at the expense of Lessor as provided by any law on statute now or hereafter enacted. Inspection by Lessor Lessee shall permit Lessor or Lessor's agents, representatives, or employees to enter the premises at all reasonable times for the purpose of inspecting the premises to determine whether Lessee is complying with the terms of this lease and for the purpose of doing other lawful acts that may be necessary to protect interest in the premises under this lease.

Appears in 1 contract

Samples: Lease of Personal Property (Holloman Corp)

Alterations. Tenant Subtenant shall make no alterationsalterations or changes (collectively, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Subleased Premises or the Building of any kind or nature without the Sublandlord’s prior written consent of Landlord. Landlord may impose, as a condition to its consent, which consent shall not be unreasonably withheld, conditioned or delayed. It is agreed that it will be reasonable for Sublandlord to withhold its reasonable consent to any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Alterations if Subtenant has not obtained Original Sublandlord’s and Landlord’s designated mechanical and electrical contractorsreasonable consent to such Alterations, obtain all to the extent that Landlord’s consent to such Alterations is required permits for pursuant to Section 12 of the Alterations and shall perform the work in compliance Original Lease. In addition, Sublandlord’s consent may be conditioned upon Subtenant complying with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost provisions of Section 12 of the AlterationsOriginal Lease. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant Sublandlord shall, at its expensethe time of granting consent to any Alterations, furnish Landlord with as-built drawings and CAD disks compatible with provide to Subtenant in writing Sublandlord’s reasonable determination of whether Subtenant shall be required to remove such Alteration upon the expiration or earlier termination of the Sublease Term. Without limiting the generality of the foregoing, wherever Landlord’s systemsconsent or approval is required, or wherever information, documentation, sums of money, or other items are required to be delivered to Landlord pursuant to Section 12 of the Original Lease, Sublandlord’s and Original Sublandlord’s consent and approval shall also be required, and Subtenant shall also be required to make all such deliveries to Sublandlord (provided, however, Subtenant shall not be obligated to pay any review, supervisory or other fee to Sublandlord in connection with any Alterations by Subtenant). Unless Landlord otherwise agrees in writingAny review or approval by Sublandlord of any Alterations or any plans and specifications with respect to any Alterations, all Alterations affixed is solely for Sublandlord’s benefit, and without representation or warranty to Subtenant with respect to the Premisesadequacy, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter)correctness or efficiency thereof, but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered their compliance with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, law or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedotherwise.

Appears in 1 contract

Samples: Sub Sublease Agreement (Looksmart LTD)

Alterations. Except for cosmetic alteration projects that do not exceed $125,000.00 during each calendar year and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, decorations or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Xxxxxxxx’s consent shall not be unreasonably withheld as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of a Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of a Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Any request for Xxxxxxxx’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review TenantXxxxxx’s architectural plans, and the reasonable cost of that review shall be reimbursed by TenantXxxxxx. Should the Alterations proposed by Tenant Xxxxxx and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datesimultaneously with Landlord’s consent, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Xxxxxx’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Axonics, Inc.)

Alterations. Tenant shall not make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed alterations to the Premises, including without limitation all Tenant Improvements constructed pursuant or to the Work Letter (except as otherwise Project, including any changes to the existing landscaping, without Landlord's prior written consent, provided that Landlord's consent shall not be required for alterations costing less than $5,000 that are not affixed to the Premises and do not affect building structure or building systems. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the Work Letter), but excluding moveable trade fixtures laws of the state in which the premises are located. Any alterations made shall remain on and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end upon expiration or termination of the Termthis Lease, except that Landlord may, by notice to Tenant given at least within 30 days prior before or 30 days after expiration of the term, elect to the Expiration Date, require Tenant to remove by any alterations which Tenant may have made to the Expiration DatePremises. Tenant may accompany a request for Xxxxxxxx's consent to alterations with a request for Landlord's election whether such alterations are to be removed on termination of the Lease. If Tenant so requests, or sooner termination date then Landlord shall notify Tenant at time of consent whether Landlord will require removal of the alterations. If Landlord elects under this LeaseLease to require removal of alterations, all or any Alterations (including without limitation all telephone and data cabling) installed either by then at its own cost Tenant or shall restore the Premises to the condition designated by Landlord at in its election, before the last day of the term or within 30 days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant’s request (collectively, 's alteration of the “Required Removables”). In connection with its removal of Required RemovablesPremises, Tenant shall repair any damage to contract with a contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. All such construction shall be performed in a manner which will not interfere with the quiet enjoyment of other tenants of the Project. Tenant shall pay all costs for such construction and shall keep the Premises arising and the Project free and clear of all mechanics' liens which may result from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedconstruction by Tenant.

Appears in 1 contract

Samples: Master Lease (Tripath Imaging Inc)

Alterations. Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”a) Alterations may not be made to the Leased Premises without the prior written consent of LandlordLessor and any alterations of the Leased Premises excepting movable furniture, equipment and trade fixtures shall, at Lessor's option, become part of the realty and belong to Lessor. Landlord may imposeThis provision, among other things, applies to all draperies, special wall coverings or floor coverings as a condition well as additional electrical fixtures or circuits. (b) Should Lessee desire to its consentalter the Leased Premises and Lessor approves and consents in writing to such alterations Lessee shall permit Lessor to make said alterations, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical if Lessor agrees to make said alterations, and electrical contractors, obtain all required permits amortize the total cost of same as additional rental for the Alterations balance of the Lease term or any extension thereof if applicable and mutually agreeable. Should Lessor elect to not provide said alterations, Lessee shall perform the work in compliance only contract with a contractor approved by Lessor and all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord said alterations shall be entitled subject to a supervision fee Lessor's approval and written consent relative to design, location, materials and workmanship. (c) Notwithstanding anything in paragraph 8(b) above, Lessee may, upon written consent of Lessor, install trade fixtures, machinery or other trade equipment in conformance with the amount of 5% ordinances of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansapplicable city and county, and the reasonable cost of that review shall same may be reimbursed by Tenant. Should removed upon the Alterations proposed by Tenant and consented to by Landlord change the floor plan conditions of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings Lease and CAD disks compatible with Landlord’s systemsif the Leased Premises are not damaged by such removal. Unless Landlord otherwise agrees in writing, all Alterations affixed to Lessee shall return the Premises, including without limitation all Tenant Improvements constructed pursuant to Leased premises on the Work Letter (except as otherwise provided termination of this Lease in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice same condition as when rented to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing conditionLessee, reasonable wear and tear excepted. Lessee shall keep the Leased Premises, the Building, and property in which the Leased Premises are situated free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by Lessee. All such work, provided for above, shall be done at such times and in such manner as Lessor may from time to time designate. (d) All fixtures, improvements, alterations, and additions which may be installed by either Lessor or Lessee in or about the Leased Premises which are in any manner attached to the floors, walls or ceilings, except trade mixtures, shall belong to and be the property of Lessor and shall remain on the Leased Premises during the term of this lease and at the expiration or termination hereof, except for such property, if any, which the Lessor may designate that Lessee either shall or may remove, by notice in writing to Lessee prior to such expiration or termination. To avoid confusion as to trade versus permanent fixtures Lessee may request Lessor to identify the status of any fixtures prior to installation. Lessee agrees to repair all damage to the Leased Premises caused by any such removal (including removal of trade fixtures) and to restore the Leased Premises to the condition in which they were prior to the removal of said articles. Any such property so designated by Lessor to be removed, which shall be left in or upon the Leased Premises, shall be deemed to have been abandoned by Lessee and may be retained or disposed of by Lessor, as Lessor shall desire.

Appears in 1 contract

Samples: Lease Agreement (Masada Security Holdings Inc)

Alterations. Tenant shall not alter or improve the Premises, or attach any fixtures or equipment thereto without Landlord's prior written consent which shall not be unreasonably delayed or withheld. Any alterations or improvements (except the initial improvements covered by Exhibit C) to the Premises consented to by Landlord shall be made by Tenant at Tenant's sole cost and expense. The contractor or person selected by Tenant to make no such alterations or improvements must be approved in writing by Landlord prior to commencement of any work. Landlord shall have the right to require that any such contractor hired by Tenant shall, prior to commencing work in the Premises, provide Landlord with a performance bond and a labor and materials payment bond in the amount of the contract price for the work naming Landlord and Tenant (and any other person designated by Landlord) as co-obligees. All alterations, additions, decorationsfixtures and improvements, including improvements made pursuant to Exhibit C, made in or improvements (collectively referred to as “Alterations”) to upon the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable either by Tenant or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansimmediately become Landlord's property and, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the TermTerm hereof (subject to the limitations pertaining to trade fixtures as indicated on Exhibit G attached hereto), except that Landlord mayshall, by notice at Landlord's option, either remain on the Premises without compensation to Tenant given at least 30 days prior to or be removed by Landlord for Tenant's account. Tenant shall reimburse Landlord for the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date cost of this Lease, all or any Alterations removal (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal cost of Required Removables, Tenant shall repair repairing any damage to the Premises arising from that or the Building caused by removal of such improvements and shall restore the affected area to its pre-existing condition, a reasonable wear and tear exceptedcharge for Landlord's overhead) within ten (10) days after receipt of a statement therefor.

Appears in 1 contract

Samples: Office Lease (Large Scale Biology Corp)

Alterations. Tenant A. Subtenant shall make no not make, cause, suffer or permit the making of any alterations, additionschanges, decorationsreplacements, improvements, installations or improvements additions (collectively referred to as “Alterations”) in, to or about the Premises Premises, without the prior written consent approval of Landlord. Sublandlord and Landlord may imposein each instance if and as required in accordance with the applicable terms and conditions of the Lease (with respect to Sublandlord’s consent, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirableincorporated by reference). Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the All Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled subject to a supervision fee in the amount of 5% applicable terms and conditions of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the PremisesLease, including without limitation all Tenant Improvements constructed pursuant obtaining the consent of Landlord to the Work Letter contractors performing the Alterations and giving prior notice. Subtenant shall (except x) pay all fees and costs, if any, that Sublandlord is required to pay to Landlord under the Lease in connection with such Alterations, (y) reimburse Sublandlord for all reasonable, third-party fees actually incurred by Sublandlord in connection with such Alterations (including, without limitation, reasonable attorneys’ fees) and (z) indemnify, defend and hold Sublandlord harmless on demand with respect to any and all claims and demands relating to Alterations. In any event, Subtenant shall not make any Alteration that Landlord will require removal of when the term of the Lease ends without assuming the restoration and removal obligations as otherwise provided to such Alteration set forth in the Work LetterLease. B. Subtenant has advised Sublandlord that Subtenant is engaged in the business of marketing technology for the installation of electrical fixtures such as lighting fixtures and ceiling fans. Accordingly, Subtenant wants to replace two existing linear LED fixtures (at the locations in the existing lounge area shown in Exhibit #3, attached hereto and made a part hereof), but excluding moveable trade with electrical fixtures, lighting fixtures and furnitureceiling fans and display such fixtures at other locations in the Premises (the “Permitted Work”). The acceptable form of Landlord Consent for the Sublease shall include Landlord’s consent for the Permitted Work subject to Subtenant’s submission of the requisite plans, shall become the property of drawings, specifications, and any necessary building permits for Landlord. Such Alterations shall be surrendered ’s review and approval, and Subtenant’s compliance with the Premises at the end other applicable provisions of the TermLease relating to Subtenant’s performance of the Permitted Work, except including, but not limited to, the requirement that Landlord may, by notice Tenant remove Tenant’s Permitted Work and restore the Premises to Tenant given at least 30 days the condition it was in prior to the Expiration Date, require Tenant to remove by performance of the Expiration Date, Tenant’s Permitted Work upon expiration or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedSublease.

Appears in 1 contract

Samples: Sublease Agreement (SQL Technologies Corp.)

Alterations. Tenant Subtenant shall accept the existing improvements to the Premises in their "as is" condition as of the date hereof and shall have no obligation to remove those existing improvements at the end of the Term. Subtenant shall make no other alterations, additionsinstallation, decorations, additions or improvements (collectively referred to as “collectively, "Alterations") to in or about the Premises without the prior written consent of LandlordSublandlord and Prime Landlord in each instance as provided in the Prime Lease. So long as Prime Landlord may imposeso consents, as a condition to Sublandlord will not unreasonably withhold or delay its consent. Sublandlord's consent shall be deemed given if Sublandlord does not respond to Subtenant's request for approval with 15 days of Sublandlord's receipt of the request, any requirements that but such consent shall not bind Prime Landlord in unless it too has consented. Any alterations consented to by Sublandlord and Prime Landlord shall be performed by Subtenant at its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical sole cost and electrical contractors, obtain all required permits for the Alterations expense and shall perform the work in compliance with all applicable lawsof the provisions of the Prime Lease, regulations including the provisions requiring Prime Landlord's prior written consent, and ordinances also in compliance with contractors reasonably acceptable to other reasonable requirements of Sublandlord and Prime Landlord. Landlord In the event that Subtenant shall be entitled make any Alterations, Subtenant shall, if required by Sublandlord and Prime Landlord, restore premises to a supervision fee in their original condition at the amount of 5% commencement of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Sublease (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted) at the expiration of this Sublease. Subtenant will only be required to restore Specialty Alterations (as defined in the Prime Lease) if Sublandlord expressly requires such restoration in writing at the time it gives its approval. Subtenant hereby indemnifies and holds Sublandlord harmless from any liability it may incur to Prime Landlord or others resulting from Subtenant's Alterations. Sublandlord agrees to permit the installation of louvers in the Premises, so long as the Prime Landlord shall also consent thereto.

Appears in 1 contract

Samples: Sublease Agreement (Getty Images Inc)

Alterations. Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall may use Landlord’s designated mechanical and electrical contractorscontractors (the “Designated Entities”); provided, however, that if Tenant elects to not use the Designated Entities, Landlord may have such Designated Entities review Tenant’s plans, and the actual cost therefor shall be reimbursed by Xxxxxx. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review TenantXxxxxx’s architectural plans, and the reasonable cost of that review shall be reimbursed by TenantXxxxxx. Should the Alterations proposed by Tenant Xxxxxx and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datetime of Landlord’s approval, require Tenant to remove by the Expiration Date, Date or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted. 7.4.

Appears in 1 contract

Samples: Lease Agreement (ReShape Lifesciences Inc.)

Alterations. Tenant Except for the “Permitted Alterations”, Subtenant shall not make no any alterations, additions, decorations, modifications or improvements (collectively referred to as “Alterations”) to the Subleased Premises without the prior written consent of LandlordSublandlord. Any alterations to the Subleased Premises shall become the property of Sublandlord and Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform remain upon and shall be surrendered with the work Subleased Premises at the termination or expiration of this Sublease, without molestation or injury, unless Sublandlord and/or Landlord consents in writing to Subtenant’s removal of such alterations and thereupon, Subtenant repairs any damage or injury caused thereby in a good workmanlike manner. All alterations, additions, modifications or improvements by Subtenant or the removal thereof, shall be free from all liens and encumbrances and shall be made in compliance with all applicable lawslaws and regulations. Subtenant hereby agrees to defend, indemnify and hold harmless, Landlord, Sublandlord and its Affiliates (as hereinafter defined) from and against any such liens, encumbrances and violations of laws and regulations and ordinances any and all claims, suits, liabilities, damages, penalties, losses, costs or expenses (including attorney’s fees) which may be imposed upon, incurred by or asserted against Sublandlord and/or the Affiliates with contractors reasonably acceptable respect thereto and the indemnity given hereby shall survive the termination or expiration of this Sublease. The term “Permitted Alterations” means those alterations made to Landlordthe Premises as described on Exhibit “__” attached hereto. Subtenant agrees to remove all Permitted Alterations prior to expiration of the Sublease and return the premises to its original condition. Landlord shall be entitled approved Permitted Alterations, provided Sublandlord causes Subtenant to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the remove Permitted Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by expiration of the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedSublease.

Appears in 1 contract

Samples: Sublease Agreement (Probe Manufacturing Inc)

Alterations. (i) Tenant shall make no alterationschange, additionsalteration, decorations, addition or improvements improvement (collectively each hereinafter referred to as as, an AlterationsAlteration”) in or to the Premises Demised Premises, without the prior written consent of Landlord, and then only in such manner and with such materials as shall be reasonably approved by Landlord. (ii) All alterations to the demised premises, including, without limitation, window and central air conditioning equipment and duct work, if any, and fixtures, equipment and built-ins, except movable office furniture and equipment installed at the expense of Tenant, shall, subject to Landlord’s right to elect otherwise in writing with respect Specialty Alterations (as such term is hereinafter defined), become the property of Landlord, and shall be surrendered with the demised premises at the expiration or sooner termination of the term of this lease. All Alterations to the demised premises which are not standard for normal office installations (e.g., raised flooring, high density filing, vaults, supplemental HVAC equipment, executive lavatories, etc. (“Specialty Alterations”)) and which Landlord shall designate, shall be removed by Tenant and any damage repaired, at Tenant’s expense prior to the expiration of the term of this lease; provided, however, that Landlord shall be required to make such designation at the time it approves such Specialty Alteration, provided Tenant reminds Landlord (in bold face type and capital letters) in Tenant’s request for approval or prior to performing any such work of the need for Landlord to do so. B. Anything in this Article to the contrary notwithstanding, Landlord shall not unreasonably withhold or delay approval of written requests (accompanied by plans and specifications for such work, in a form suitable for filing, stamped and certified by an architect or engineer duly licensed in the State of New York) of Tenant to make nonstructural (i.e., non-load bearing) interior Alterations in the Demised Premises, provided that such Alterations do not require the installation of floor or other structural support or affect utility services, plumbing and electrical lines or other systems of the Building or the exterior of the Demised Premises or the Building. Notwithstanding the foregoing or anything else contained herein to the contrary, Landlord’s prior written approval shall not be required with respect to any decorative or cosmetic work, such as painting or wall covering (“Decorative Work”), provided that: (x) the aggregate cost of such work shall not exceed the sum of $600,000.00 in any one instance or in a series of instances effectuating a single Alteration plan; (y) Tenant shall give Landlord at least fifteen (15) days’ prior written notice of any such Decorative Work, and (z) that all such Decorative Work shall be performed in accordance with the other applicable provisions of this Article. C. Except as otherwise specifically provided in Article 22 with respect to Tenant’s Initial Installation, all Alterations shall be performed in accordance with the following conditions: (i) All Alterations shall be performed in accordance with plans and specifications first submitted to Landlord for its prior written approval. If Landlord fails to respond to any such request for approval within ten (10) Business Days after Landlord’s initial receipt of such plans and specifications, Tenant may send Landlord a second request for approval of such plans and specifications. If Landlord fails to respond to such second request for approval within five (5) days after its receipt of same, then Landlord shall be deemed to have approved such plans and specifications (provided such second request specifies in bold face type and capital letters that Landlord shall be deemed to have approved such plans and specifications if it fails to respond to such second request within such five (5) day period).No Alteration or the work to be performed with respect thereto may result in the reduction of any environmental rating for the Building which may now or hereafter be made, such as made pursuant to LEED (Leadership in Energy and Environmental Design), Green Globes or Energy Star. (ii) All Alterations shall be performed in a good and workmanlike manner. Tenant shall, prior to the commencement of any such Alterations, at its sole cost and expense, obtain and exhibit to Landlord any governmental permit required in connection with such Alterations, including, without limitation, any such governmental permit issued by the New York City Department of Buildings, the New York City Landmarks Preservation Commission and/or the Fire Department of the City of New York. Landlord may imposeshall reasonably cooperate with Tenant (at no cost or liability to Landlord) in connection therewith, as including, without limitation, by signing any required application therefor in a condition timely manner (but in no event prior to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical review of Tenant’s plans and electrical contractorsspecifications for such work) and working with Tenant to seek to expedite the approval process. (iii) All Alterations shall be performed in compliance with all other applicable provisions of this Lease, obtain (including, without limitation, Exhibit F, the Building Standard Environmental Design and Construction Guidelines) all required permits Building regulations (including specifications for construction material and finishes criteria adopted by Landlord for the Alterations Building) and shall perform the work in compliance with all applicable laws, ordinances, directions, rules and regulations of governmental authorities having jurisdiction, including, without limitation, the Americans with Disabilities Act of 1990, as amended, New York City Local Law No. 5/73 and New York City Local Law No. 58/87 and similar present or future laws, and regulations issued pursuant thereto, and also New York City Local Law No. 76, all laws referred to in Article 15 hereof, and similar present or future laws, and regulations issued pursuant thereto, on abatement, storage, transportation and disposal of asbestos, which work, if required, shall be effected at Tenant’s sole cost and expense, by contractors and consultants reasonably approved by Landlord and in strict compliance with the aforesaid rules and regulations and ordinances with Landlord’s rules and regulations thereon. Notwithstanding anything to the contrary herein contained, Tenant agrees not to perform any work that affects the structural elements of the Building or any Building mechanical system. In performing any work, Tenant shall use, to the fullest extent feasible, materials from sustainable sources. (iv) All work shall be performed with union labor having the proper jurisdictional qualifications by contractors reasonably acceptable and subcontractors approved in advance by Landlord, which approval shall not be unreasonably withheld or delayed with respect to contractors or subcontractors performing nonstructural interior Alterations which do not affect utility services, plumbing and electrical lines or other systems of the Building. (v) All work to be performed by Tenant shall be done in a manner that will not interfere with or disturb other tenants and occupants of the Building. No demolition or core drilling or welding shall be permitted between the hours of 7:00 a.m. and 6:00 p.m. on Mondays through Fridays. Tenant shall be permitted to perform work in the Demised Premises which is approved or otherwise permitted hereunder, on an overtime basis, subject to Landlord’s reasonable rules and regulations thereof. (vi) Tenant shall reimburse Landlord for all reasonable out-of-pocket costs and expenses incurred by Landlord in reviewing Tenant’s plans and specifications showing any Alteration to the Demised Premises and in ensuring that any such Alteration conforms to such plans and specifications and to the terms of Landlord’s consent to such work. Landlord During the course of any Alterations or other work requiring a permit from any governmental authority, Tenant shall be entitled cause its contractors to a supervision fee provide the following insurance, also issued by an insurance company reasonably satisfactory to Landlord: (a) worker’s compensation and disability insurance covering all persons employed for such work;(b) commercial general liability and property damage insurance naming the holder of any mortgage on the Building, Landlord, its managing agent and its designees as additional insureds, with coverage of at least $5,000,000 combined single limit; (c) builder’s risk insurance in the an amount of 5% of equal to the cost of the Alterationsapplicable Alteration; and(d) business automobile liability insurance for all owned, non-owned and hired vehicles with a $1,000,000 combined single limit. With respect to jobs costing in excess of $1,000,000.00, Tenant shall also cause its contractors to provide payment and performance bonds issued by a surety company having an AM Best’s rating reasonably satisfactory to Landlord. (vii) Tenant shall deliver to Landlord prior to commencing any Alteration, certificates of the insurance required under clause (vi) above naming with respect to such insurance, except workers compensation and disability insurance, Landlord, its managing agent, its mortgagees and other designees with an insurable interest, as additional insureds, together with the declaration page of each such insurance policy and the endorsements thereto designating such persons or parties as additional insureds. (viii) Notwithstanding anything herein set forth to the contrary, within sixty (60) days after final completion of any Alteration, Tenant shall deliver to the Landlord (a) final record drawings of the Alteration including, as may be pertinent to the work performed, a reflected ceiling plan, mechanical and electrical drawings, partition plan and any other drawings which may be required to indicate accurately the layout and systems of the Demised Premises and (b) a summary by trade of the costs incurred performing such work and such other records as Landlord may elect require to cause document such costs, all certified (if so requested by Landlord) by a reputable, independent certified public accountant. Tenant shall require its architect to review load and maintain such record plans on a CADD system. (ix) For the purposes hereof, Alterations referred to in this Article include Tenant’s architectural plansInitial Installation (as such term is defined in Article 22 of this Lease) to be performed by Tenant, and provided that the reasonable cost provisions of Article 22 of this Lease shall govern with respect to the subject matter thereof in case of any conflict with the provisions of this Article 8, anything contained in this Lease to the contrary notwithstanding. In particular, any work or legal compliance which Tenant would be obligated to perform under this Article 8 but for the fact that review it is within the scope of the Building Work under said Article 22, shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to performed by Landlord change the floor plan as part of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, Building Work. D. In any case under this Article 8 or sooner termination date under any other provision of this Lease, all where Landlord’s consent is required for the use or employment of any contractor, vendor or other supplier of labor or material, Tenant acknowledges and agrees that any such consent shall under no circumstance be deemed a warranty, assurance or guarantee that such contractor, vendor or supplier is qualified for the work or engagement for which Tenant is retaining such contractor, vendor or supplier or that the work, services or materials being provided shall be in compliance with Tenant’s plans and specifications or comply with law or that any work shall be performed in a workmanlike fashion free of any defect. Tenant specifically disclaims and waives any right, claim or cause of action against Landlord based upon any such contractor, vendor or supplier’s defective work, material or service or failure to perform any work in accordance with any agreement, law or professional standard. The provisions of this paragraph D shall be controlling whether or not any consent by Landlord to any such contractor, vendor or supplier contains any such or similar disclaimer or waiver of liability or any Alterations (including without limitation all telephone and data cabling) installed either by such contractor, vendor or supplier is related to Landlord or its managing agent. E. Tenant shall not affix any sign, logo, emblem, banner, plaque or by Landlord at symbol on any exterior window, on any door opening on to a common corridor, on any exterior wall demising the Demised Premises or on or about any portion of the Demised Premises in such a fashion as any sign, logo, emblem, banner, plaque or symbol is visible beyond the Demised Premises. However, the foregoing shall not be deemed to alter or modify any of Tenant’s request (collectively, the “Required Removables”). In connection with its removal rights under Article 25 of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Shutterstock, Inc.)

Alterations. Tenant shall will not make no any alterations, additionsrepairs, decorations, additions or improvements (collectively referred to as “Alterations”) in or to the Premises or add, disturb or in any way change any locks, plumbing or wiring therein without the prior written consent of the Landlord as to the character of the alterations, additions or improvements to be made, the manner of doing the work, and the contractor doing the work. Tenant's request for Landlord's written consent to any such alterations, repairs, additions, or improvements to the Premises ("Alterations") shall be accompanied by reasonably detailed plans and specifications for the Alterations. Landlord may imposeshall provide its written consent within ten (10) business days of receipt of such reasonably detailed plans and specifications or shall provide to Tenant, in writing, its reasons for rejection of such proposed Alterations. If Landlord fails to provide such written consent or provide reasons for rejection within said ten (10) business day period, Landlord shall be deemed to have consented to the Alterations. Notwithstanding the above, Tenant shall be entitled to make cosmetic and decorating Alterations to the Premises wherein the aggregate cost of such Alterations are less than $25,000.00 without Landlord's consent, provided, Tenant must, in all events, notify Landlord of Tenant's Alterations and provide to Landlord copies of plans and specifications detailing the Alterations. Such consent shall not be unreasonably withheld, if such alterations, repairs, additions or improvements are the obligations of Tenant pursuant to this Lease Agreement. All such work shall comply with the applicable governmental laws, ordinances, rules and regulations. The Landlord as a condition to its consent, any requirements that Landlord in its discretion said consent may deem reasonable or desirablerequire a surety performance and/or payment bond from the Tenant for said actions. Tenant shall use Landlord’s designated mechanical agrees to indemnify and electrical contractorshold Landlord free and harmless from any liability, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable lawsloss, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural planscost, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, damage or sooner termination date of this Lease, all or any Alterations expense (including without limitation all telephone and data cablingattorney's fees) installed either by Tenant reasons of any said alteration, repairs, additions or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedimprovements.

Appears in 1 contract

Samples: Lease (Ebenx Inc)

Alterations. Tenant shall make no alterations, additions, decorations, or A. Landlord agrees to install at Landlord’s cost and expense the improvements described in Exhibit C. All other improvements to the Premises (collectively referred to as “Alterations”) shall be installed at the cost and expense of Tenant, but only in accordance with plans and specifications which have been previously submitted to and reasonably approved in writing by Landlord, and only by Landlord or by contractors and subcontractors on Landlord’s list of approved contractors. In connection with any request for an approval of Alterations, Landlord may retain the services of an architect and/or engineer and Tenant shall reimburse Landlord for the reasonable fees of such architect and/or engineer. All Alterations shall be constructed in accordance with all governmental laws, ordinances, rules and regulations (“Laws”) and Tenant shall, prior to construction, provide such assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to assure payment of the costs thereof and to protect Landlord against any loss from any mechanics’, laborers’, materialmen’s or other liens. At the time of completion of each Alteration, Tenant shall deliver to Landlord a set of final “as-built” plans. All Alterations shall be and remain the property of Tenant during the Term and Tenant shall, unless Landlord otherwise elects, remove all Alterations and restore the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable original condition by the date of termination of this Lease or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan upon earlier vacating of the Premises; provided, then Tenant shallhowever, that, if at its expensesuch time Landlord so elects, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all such Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of LandlordLandlord 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 xxxx of sale. Such Alterations All such removals and restoration shall be surrendered with accomplished in a good workmanlike manner by contractors approved in writing by Landlord (which approval shall not be unreasonably withheld) so as not to damage the Building. B. Landlord shall be responsible for any costs incurred in bringing the shell and core Building facilities and the Premises at the end of the Term, except that Landlord may, by notice as delivered to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request into compliance with governmental requirements, including the Americans With Disabilities Act (collectively, the Required RemovablesADA”). In connection with its removal of Required RemovablesIf Tenant makes any Alterations to the Premises which affect governmental compliance, including ADA compliance, Tenant shall repair be responsible for any damage to the Premises arising costs of compliance with such governmental requirements resulting from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedsuch Alterations.

Appears in 1 contract

Samples: Office Lease Agreement (Mountains West Exploration Inc)

Alterations. Tenant Subtenant shall not make no alterations, additions, decorations, or improvements any Leasehold Improvements (collectively referred to as “Alterations”defined in the Master Lease) to the Premises without the express prior written consent of LandlordSublandlord and of Master Landlord (to the extent Master Xxxxxxxx’s consent is required under the Master Lease), which consent by Sublandlord shall not be unreasonably withheld, conditioned or delayed. Landlord Subtenant shall reimburse Sublandlord for all reasonable, out-of-pocket costs which Sublandlord may imposeincur in connection with reviewing Subtenant’s plans for such Leasehold Improvements, as a condition to its consentincluding, without limitation, reasonable attorneys’ fees and costs and any requirements that Landlord in its discretion may deem reasonable fees or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed costs charged by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Master Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed respect to the Premises, including without limitation all Tenant such Leasehold Improvements constructed pursuant to the Work Letter Master Lease, provided Sublandlord shall not impose a separate supervision, administrative, review or similar fee. On termination of this Sublease, if required by Master Landlord pursuant to the Master Lease, Subtenant shall remove any or all of such Leasehold Improvements and restore the Premises (except or any part thereof) to the same condition as of the date Sublandlord delivered possession of the Premises to Subtenant; provided, in no event shall Subtenant be required to remove or pay for the removal of any Leasehold Improvements existing as of the Commencement Date. Should Subtenant fail to remove such Leasehold Improvements and restore the Premises on termination of this Sublease unless as otherwise provided set forth above, Sublandlord shall have the right to do so, and charge Subtenant the costs incurred by Sublandlord in addition to any costs or expenses charged by Master Landlord under the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Master Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Sublease Agreement (Sumo Logic, Inc.)

Alterations. Tenant shall not make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) any alterations to the Premises or the Property without the Landlord's prior written consent. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, whether or not subject to the approval of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed performed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings contractors in a first class workmanlike manner and CAD disks compatible with Landlord’s systemspermits and inspections shall be obtained from all required governmental entities. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures Any alterations made shall remain on and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end upon expiration or termination of the Termthis Lease, except that Landlord may, by notice within thirty (30) days before or thirty (30) days after expiration of the Term, elect to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by some or all of the Expiration Date, or sooner termination date of this Lease, all or any Alterations alterations which Tenant may have made to the Premises except for the Approved Work as set forth in (including without limitation all telephone and data cabling) installed either by Tenant or by P)29.b. hereof. If Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removablesso elects, Tenant shall repair any damage at its own cost restore the Premises to the Premises arising from that removal condition designated by Landlord in its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall restore 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 affected area to its pre-existing condition, reasonable wear Premises free and tear exceptedclear of all mechanics' liens which may result from construction by Tenant.

Appears in 1 contract

Samples: Standard NNN Lease (Biomarin Pharmaceutical Inc)

Alterations. (A) Landlord shall perform the pre-occupancy tenant work, improvements, installations and alterations as shown on Exhibit B attached hereto and as specified on those certain drawings filed with and approved by the City of San Diego, California, Plan File Number A103953-97 entitled "Signal Processing Systems." Landlord shall perform such pre-occupancy tenant work and improvements at its sole cost and expense, except as otherwise provided below in Paragraph (B). (B) Tenant shall reimburse Landlord for the costs incurred by Landlord to perform certain pre-occupancy tenant work and improvements requested by Tenant and performed by Landlord at Tenant's sole cost and expense, including all those improvements to performed in and to Rooms 17, 19, 20, 22 and 24, as such rooms are identified on Exhibit B attached hereto. Landlord and Tenant hereby agree that the amount to be paid by Tenant to Landlord to reimburse it for such costs is $21,407.08, together with such additional costs as Landlord may incur because of change orders or other modifications requested by Tenant and approved the Landlord. Such amount shall be payable as follows: $10,000.00 shall be paid by Tenant to Landlord upon Tenant's execution and delivery of this Sublease. The remaining $11,407.08 shall be paid in six (6) equal installments of $1,901.18 each. The first such installment shall be paid to Landlord on August 1, 1997, and such payments shall continue to be made on the first day of each next succeeding calendar month until paid in full. (C) Tenant shall not make no any alterations, additionsimprovements or installations (collectively, decorations, "Alterations") in or improvements (collectively referred to as “Alterations”) to the Premises without the Landlord's prior written consent of Landlordwhich shall not be unreasonably withheld. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the All Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled subject to a supervision fee in the amount approval of 5% Prime Landlord and the terms and conditions of the cost of the AlterationsPrime Lease. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Any Alterations proposed by Tenant and consented to by Landlord change shall be performed at the floor plan sole cost and expense of the PremisesTenant, then Tenant shall, at its expense, furnish by contractors approved in advance by Landlord with as-built drawings and CAD disks compatible with Prime Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with Landlord (subject to the Premises at the end terms of the Term, except that Prime Lease and this Sublease). Landlord may, by notice may condition its approval to Tenant given at least 30 days prior to any Alterations on the removal of the same on the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date and restoration of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal caused by installation and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedremoval.

Appears in 1 contract

Samples: Sublease Agreement (American Technology Corp /De/)

Alterations. (a) Tenant will not make or permit alterations, improvements or additions (including fixtures) in or to the Premises (collectively "Alterations") without Landlord's prior, written consent. Tenant's request for such consent shall be in writing, accompanied by proposed detailed plans and specifications. At the time Landlord grants its consent to any Alterations, Landlord shall notify Tenant in writing (a "Removal Notice") whether Tenant will be required to remove such Alterations at the expiration or termination of the Term in accordance with the provisions of Paragraph 23.1 hereof. Notwithstanding the foregoing, (i) minor alterations such as repainting and carpeting, or alterations with an aggregate cost of less than $25,000 per year, and (ii) which do not affect structural components or building systems, shall not require Landlord's consent hereunder, but all work in connection therewith shall be conducted and completed in a first class manner. Alterations will be performed at Tenant's cost and expense. Tenant may engage its own contractors to perform remodel work upon written approval by Landlord. In such event, Landlord shall charge Tenant for Landlord's reasonable out-of-pocket expenses incurred in reviewing and inspecting such construction. Any and all plans must be submitted to Landlord for approval, and building permits, if required, must be obtained prior to commencement of any construction remodeling. All alterations, additions and improvements constructed by Tenant shall make no remain the property of Tenant during the Lease Term but shall not be damaged, altered, or removed from the Premises. Subject to Paragraph 23, at the expiration or sooner termination of the Lease Term, all alterations, additions, decorations, or improvements shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property. Tenant will promptly notify Landlord of the value thereof for insurance and tax purposes. Tenant will hold Landlord forever harmless against any and all claims, expenses (collectively referred to as “Alterations”including taxes) and liabilities of every kind which may arise out of or in any way be connected with any work performed by or on behalf of Tenant unless such work was performed by Landlord. (b) Tenant shall give Landlord not less than ten (10) days notice prior to the commencement of any work in the Premises without by or on behalf of Tenant, and Landlord shall have the prior written consent right to post notices of non-responsibility in or on the Premises or the Building as provided by Law. All Alterations, repairs and replacements by Tenant shall be made, constructed and installed in accordance with all applicable Laws (and Tenant shall perform all work necessary to comply fully with all Laws necessitated by the Alterations, whether structural or non-structural, within the interior or exterior of the Premises) and insurance underwriter's requirements, and shall be of a quality and class at least equal to the original work, performed in a good and workmanlike manner with grades of materials approved by Landlord, which approval will not be unreasonably withheld. Tenant will give Landlord may impose, as a condition opportunity to its consent, any requirements that Landlord in its discretion may deem reasonable or desirableinspect all work. Tenant shall use provide Landlord with permit drawings (if any), as-built sepia drawings, and temporary certificates of occupancy (if required) for all Alterations promptly upon their completion. Should Tenant make any Alterations without Landlord’s designated mechanical 's prior written approval, or in violation of such approval or the requirements of this Paraxxxxx 00.0, Xxxxxxxx xxx, at any time during the Term, either remove any part or all of the same on Tenant's behalf and electrical contractorsat Tenant's expense, obtain all required permits for the Alterations or require that Tenant do so. Tenant's trade fixtures, furniture, equipment and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee other personal property installed in the amount Premises ("Tenant's Property") shall at all times be and remain Tenant's property. Except for alterations which cannot be removed without structural or other substantial injury to the Premises, at any time Tenant may remove alterations installed by Tenant or Tenant's Property from the Premises, provided that Tenant repairs all damage caused by such removal. (c) If during the term of 5% this Lease, any Alteration, whether structural or otherwise to all or any portion of the cost Premises or Building is required by Law (including, but not limited to, alterations required by the Americans with Disabilities Act of 1990 or any amendments thereto or any regulations prorogated thereunder (collectively the "ADA") because of (i) Tenant's particular and unique use or occupancy of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost Premises or change of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan use or occupancy of the Premises, (ii) Tenant's application for any building permit or governmental approval, (iii) Tenant's construction or installation of any Alterations, (iv) any violation by Tenant of any Law (including any requirement of the ADA), (iv) any special use of the Premises or any part thereof by Tenant or any subtenant or assignee of Tenant (including, but not limited to any use for a facility which constitutes, or if open to the public would generally constitute a "place of public accommodation" under the ADA requirements), or (v) any special needs of the employees of Tenant or any assignee or subtenant of Tenant, then Tenant shall, shall promptly make the same at its sole cost and expense. Within ten (10) days after receipt, furnish Tenant shall notify Landlord in writing and provide Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed copies of (vi) any notices alleging any violation of any Law relating to the Premises or Tenant's occupancy or use of the Premises, including without limitation all Tenant Improvements constructed pursuant any notices alleging violation of the Premises or the ADA to any portion of the Premises; (vii) any claims made or threatened in writing regarding non-compliance with the ADA or any Law relating to the Work Letter Premises; or (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered viii) any governmental or regulatory actions or investigations instituted or threatened regarding non-compliance with the Premises at the end ADA or any Law relating to any portion of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedPremises.

Appears in 1 contract

Samples: Lease (McAfee Com Corp)

Alterations. Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises not perform any Tenant Alterations without ----------- first obtaining the prior written consent of Landlord. Landlord may imposeimpose such reasonable conditions with respect to Tenant Alterations as Landlord deems appropriate, as a condition including, without limitation, requiring Tenant to furnish to Landlord for its consentapproval prior to commencement of any work or entry by Tenant's contractors into the Premises or the Building, security for the payment of all costs to be in connection with any requirements that Landlord in its discretion such Tenant Alterations, insurance against liabilities which may deem reasonable or desirablearise out of the Tenant Alterations and plans and specifications and permits necessary for the Tenant Alterations. Tenant Alterations shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with be done at Tenant's expense by agents or contractors hired by Tenant who are reasonably acceptable to Landlord, or at Landlord's election, by Landlord's employees or contractors hired by Landlord. Before employing any such contractors. Tenant shall submit to Landlord the names and addresses of such contractors. Tenant shall be entitled promptly pay the cost, when due, of all Tenant Alterations. In addition to a supervision fee in the amount of 5% of the cost of such Tenant Alterations, Tenant shall also pay to Landlord or to the managing agent of the Project, as Landlord shall direct, an amount equal to fifteen percent (15%) of all of the costs of all Tenant Alterations, as a coordination and management fee allocable to the Tenant Alterations. Upon completion of any Tenant Alterations, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services and materials sufficient to waive all rights to liens under the Illinois Mechanic's Lien law arising from the work done. Tenant agrees to indemnity, defend by counsel reasonably acceptable to Landlord may elect to cause its architect to review Tenant’s architectural plansand hold Landlord, Landlord's beneficiaries, the managing agent of the Project and their respective agents, partners and employees and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant Project harmless of, from and consented to by Landlord change the floor plan of the Premisesagainst any and all losses, then Tenant shalldamages, at its expenseliabilities, furnish Landlord with as-built drawings claims, liens, costs and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premisesexpenses, including without limitation court costs and reasonable attorneys' fees and expenses, arising in connection with any Tenant Alterations. All Tenant Alterations done by Tenant or its contractors, including work done pursuant to Section 9, shall be done in a first class workerlike manner using only good grades of materials and shall comply with all insurance requirements of Landlord and all Laws. Within thirty (30) days after substantial completion of any Tenant Improvements constructed Alterations by or on behalf of Tenant, Tenant shall furnish to Landlord "as built" drawings of such Tenant Alterations. The Tenant Alterations described in this Section 14 are separate and distinct from work performed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedWorkletter.

Appears in 1 contract

Samples: Sublease Agreement (Inventa Technologies Inc)

Alterations. 8.1. Tenant shall not make no any alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Demised Premises of a structural nature without the prior written consent of Landlord. , which Landlord may imposegrant or deny in its sole discretion. Except for improvements of a decorative nature, as a condition Tenant shall not make any nonstructural improvements without the prior written consent of Landlord which consent Landlord may grant or deny in its reasonable discretion. All alterations, additions, improvements and fixtures, except any trade fixtures installed in the Demised Premises at the sole expense of Tenant and which can be removed without causing material damage to its consentthe Building, any requirements that shall remain upon and be surrendered with the Demised Premises and become the property of Landlord at the termination of this Lease (except for trade fixtures which Tenant may remove in its discretion may deem reasonable or desirable. provided Tenant restores the Demised Premises to good condition after such removal), unless Landlord requests their future removal at the time of installation in which event Tenant shall use Landlord’s designated mechanical remove the same and electrical contractorsrestore the Demised Premises to their original condition at Tenant's expense. Any linoleum, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall carpeting or other floor covering which may be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord cemented or otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to floor of the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures Demised Premises is a permanent fixture and furniture, shall become the property of Landlordthe Landlord without credit or compensation to Tenant. 8.2. Such Alterations All construction work done by Tenant within the Demised Premises shall be surrendered performed in a good and workmanlike manner, in compliance with all governmental requirements, and the requirements of any contract or deed or trust to which the Landlord may be a party and in such manner as to cause a minimum of interference with other construction in progress and with the Premises at transaction of business in the end of the TermBuilding. Tenant agrees to indemnify Landlord and hold it harmless against any loss, except that liability or damage resulting from such work, and Tenant shall, if requested by Landlord, furnish bond or other security satisfactory to Landlord mayagainst any loss, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, liability or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepteddamage.

Appears in 1 contract

Samples: Commercial Lease (Streamline Com Inc)

Alterations. Other than Landlord’s Work and Tenant’s Work, which shall be governed by Exhibit C, Tenant shall not make no alterations, additions, decorationsany alterations to the Premises, or to the Project, including any changes to the existing landscaping, without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right to make alterations and improvements (collectively referred to as “Alterations”) to the Premises without Landlord’s consent (but only after having provided not less than 15 days prior written notice to Landlord) where the same (i) will not materially affect the structural components of the building in which the Premises is located or the building systems, and (ii) will not exceed the cost of $10,000. If Landlord gives its consent to alterations, Landlord may post notices of non-responsibility in accordance with the laws of the state in which the premises are located. Tenant may, at the time of requesting Landlord’s consent to alterations, further request in writing that Landlord elect, at the time of granting consent, whether such alterations must be removed upon termination of the Lease. If Tenant so requests, Landlord shall make such election at the time of granting consent to the alteration (or if no consent is required, then within fifteen days of Tenant’s request). Failure of Landlord to respond to Tenant’s request shall be deemed an election that the alteration need not be removed on termination of this Lease. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within 30 days before or 30 days after expiration of the term, elect to require Tenant to remove any alterations which Tenant may have made to the Premises except such alterations as Tenant has received consent to leave as provided above. If Landlord elects to require removal of an alteration, at its own cost Tenant shall restore the Premises to the condition designated by Landlord in its election, before the last day of the term or within 30 days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant’s alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, which approval shall not be unreasonably withheld, delayed or conditioned, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications reasonably approved by Landlord. All such construction shall be performed in a manner which will not unreasonably interfere with the quiet enjoyment of other tenants of the Project. Tenant shall pay all costs for such construction and shall keep the Premises and the Project free and clear of all mechanics’ liens which may result from construction by Tenant. Tenant shall not use any portion of the common areas in connection with an alteration without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Commercial Lease (Blue Nile Inc)

Alterations. Tenant shall not make no any alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord; provided, however, that Landlord shall not unreasonably withhold its consent to interior, non-structural alterations that cost fewer than $10,000.00 to perform and do not involve roof or wall alterations. Landlord may impose, hereby approves Tenant’s racking plan attached hereto as a condition to its consent, any requirements Exhibit “B” provided that Landlord in its discretion may deem reasonable or desirableTenant obtains all requisite municipal approvals therefor. Any alterations performed by Tenant shall use Landlord’s designated mechanical be in accordance with all of the terms and electrical contractors, obtain all required permits for the Alterations conditions of this Paragraph 6. All work to be performed by Tenant under this Paragraph 6 shall be performed in accordance with plans and shall perform the work specifications approved in advance by Landlord and in compliance with all applicable lawscodes, regulations rules, regulations, ordinances and ordinances with laws by licensed contractors reasonably who are approved in advance by Landlord and who carry policies of workers’ compensation and liability insurance in minimum coverage amounts acceptable to Landlord. Tenant shall furnish copies of insurance certificates evidencing the required insurance coverage prior to commencing any work and Landlord shall be entitled designated as an additional insured on such certificates. Tenant shall furnish to a supervision fee in the amount Landlord written evidence of 5% of the cost of the Alterations. security to assure Landlord may elect that all work performed pursuant to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review this Paragraph shall be reimbursed by free and clear of all mechanic’s liens or other liens, encumbrances, security interests and charges. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against any and all costs (including attorneys’ fees and court costs), losses, expenses, damages and other liabilities arising out of or in connection with the work performed in accordance with this Paragraph. Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its own cost and expense, furnish Landlord with as-built drawings may erect such shelves, bins machinery and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writingtrade fixtures as it desires provided that (a) such items do not alter the basic character of the Premises or the Building and/or improvements of which the Premises are a part, all Alterations affixed (b) such items do not overload or damage the same, (c) such items may be removed without injury to the Premises, including without limitation and (d) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord’s specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures shall be and furniture, shall become remain the property of Landlord. Such Alterations shall be surrendered with Tenant during the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date term of this Lease. All shelves, all or any Alterations (including without limitation all telephone bins, machinery and data cabling) trade fixtures installed either by Tenant shall be removed on or by Landlord before the earlier to occur of the date of termination of this Lease or vacating the Premises, at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, which time Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area Premises to its pre-existing their original condition. All alterations, reasonable wear installations, removals and tear exceptedrestoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the Building and other improvements situated on the Premises or of which the Premises are a part.

Appears in 1 contract

Samples: Commercial Lease Agreement (Zones Inc)

Alterations. (a) During the Term, Tenant shall not make no alterationsstructural exterior alterations to the Premises (including, additionswithout limitation, decorationsalterations to the MEP systems serving the Building (Structural Alterations) without Landlord’s prior written consent, or improvements which consent shall not be unreasonably withheld. Tenant must provide Landlord with a complete set of plans for any proposed Structural Alterations. Tenant shall construct all Structural Alterations in substantial accordance with the approved plans. Notwithstanding the preceding, Tenant will have the right, without Landlord’s consent, to make non-structural alterations (collectively referred to as “Non-Structural Alterations) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan interior of the Premises. In making any Structural Alterations, then Tenant shall, at its expense, furnish shall notify Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to commencement of construction; and in making any Structural or Non-Structural Alterations, Tenant shall comply with all Legal Requirements and perform same in a good and workmanlike manner. Tenant shall promptly deliver to Landlord complete and accurate as-built plans for any Structural Alterations. In the event that Tenant’s Non-Structural Alterations consists of moving interior partitions, Tenant shall so notify Landlord; upon Landlord’s written request, Tenant shall provide as-built plans for the relocation of such interior partitions. (b) Tenant’s trade fixtures, furnishings and equipment in the Premises will remain Tenant’s property for all purposes and Tenant may remove them at its option and expense at any time on or before the Expiration Date, require Tenant to remove by . Upon the Expiration Date, expiration of the Term or sooner any earlier termination date of this Lease, all Tenant shall surrender the Premises in good condition and repair, except for ordinary wear and tear, casualty damage, and damage that Landlord has the obligation to repair under the terms of this Lease. The foregoing covenant does not obligate Tenant to remove Structural or Non-Structural Alterations or other leasehold improvements made with respect to the Premises. All Tenant Improvements and other property of Tenant not timely removed from the Premises shall become part of the Premises and will remain with the Premises upon the expiration of the Term or any Alterations earlier termination of this Lease. (c) Tenant shall defend, indemnify and save harmless Landlord against any and all mechanic’s and other liens filed arising out of any work performed, materials furnished or obligations incurred in connection with Structural or Non-Structural Alterations. If Tenant does not procure the satisfaction or discharge of all liens for which Tenant is responsible hereunder as and when required by this Lease, by bonding, payment or otherwise Landlord may, upon 30 days’ prior written notice to Tenant, pay the amount of any lien or discharge the same by deposit or, alternatively, by bond or in any manner according to law, together with reasonable expenses incurred by Landlord, including without limitation all telephone reasonable legal fees and data cabling) installed either such expenses shall be payable by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedas additional rent hereunder within 30 days after demand.

Appears in 1 contract

Samples: Lease Agreement (Alliance Data Systems Corp)

Alterations. Tenant (A) Lessor, at Lessor's sole expense, shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) the renovations to the Metro Level Demised Premises described in the space plans and specifications attached hereto as Exhibit A ("Preliminary Drawing and Specifications") (the "Renovations"). Lessor's obligations shall include without the prior written consent of Landlord. Landlord may impose, as a condition to its consentlimitation, any requirements and all costs associated with the design or construction of the Renovations, including the costs of permits and licenses and construction management fees, life safety systems and sprinkler installations, space planning, engineering architectural and design fees phone and computer cabling and installation costs, and costs of fixtures, furnishings, and equipment. As part of the Renovations, and included in the cost thereof, Lessor shall restore Lessee's HVAC to good working condition for use in the Metro Level Demised Premises. Lessor currently estimates the costs of the Renovations shall equal approximately $45,000. Notwithstanding such estimate, Lessor agrees that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord it shall be entitled solely responsible for any costs to a supervision fee perform and complete the Renovations in excess of said estimate except to the extent such excess costs are caused by changes to the Renovations requested by Lessee in writing. Notwithstanding anything contained in the amount of 5% of Lease to the cost of contrary, Lessor shall maintain and repair the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and HVAC system in the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Metro Level Demised Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed but only to the Premises, including without limitation all Tenant Improvements constructed extent such maintenance and repair is not covered by the service contract required to be obtained by Lessee for such system pursuant to the Work Letter Lease. (except as otherwise provided B) All Renovations shall be performed by a general contractor selected by Lessor in the Work LetterLessor's discretion ("Lessor's General Contractor"), but excluding moveable trade fixtures shall consist solely of new materials and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, good quality and workmanship. The Renovations shall be purchased and installed by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.Lessor

Appears in 1 contract

Samples: Retail Lease (Century Bancshares Inc)

Alterations. Tenant 7.01 Lessee shall not make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) any alteration to the Premises premises without the Lessor's prior written consent which shall not be unreasonably withheld. Any alterations made shall remain on and be surrendered with the premises on expiration or termination of Landlordthe lease term, except that Lessor can elect before expiration of the term or within thirty (30) days after termination of the term to require Lessee to remove any alterations that Lessee has made to the premises. Landlord If Lessor so elects, Lessee at its cost shall restore the premises to the condition designated by Lessor in its election, before the last day of the term, or within twenty (20) days after notice of election is given, whichever is later. 7.02 All of said remodeling, alterations, and improvements shall be done pursuant to the terms of this section and according to such plans and specifications as may imposebe approved by Lessor. All of said alterations, as a condition remodeling and improvements shall be at Lessee's sole cost and expense. 7.03 Any alterations; improvements, additions or utility installations in or about the premises that Lessee shall desire to its make and which requires the consent of Lessor shall be presented to Lessor in written form with proposed detailed plans. If Lessor shall give consent, any requirements that Landlord in its discretion may deem reasonable the consent shall-be deemed conditioned upon Lessee's acquiring all necessary permits to do such work or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractorsimprovements from appropriate governmental agencies, obtain all required permits for the Alterations and shall perform furnishing of a copy thereof to Lessor prior to the commencement of the work and the compliance by Lessee of all conditions of said permit in compliance with all applicable lawsa prompt and expeditious manner. All such work, regulations improvements and ordinances with contractors reasonably acceptable to Landlord. Landlord alterations shall be entitled fast quality in workmanship and materials. Lessee shall notify Lessor at least twenty days in advance of any construction or delivery of materials to a supervision fee the premises so that Lessor may post notices of non-responsibility. 7.04 Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use in the amount premises, which claims are or may be secured by any mechanics or materialmen's lien against the premises or any interest therein. If Lessee shall, in good faith contest the validity of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansany such lien, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, claim or demand then Tenant Lessee shall, at its expensesole expense defend itself and Lessor against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Lessor or the premises, upon the condition that if Lessor shall require, Lessee shall furnish Landlord with asto Lessor a surety bond satisfactory to Lessor in an amount equal to one and one-built drawings half times such contested'lien, claim or demand indemnifying Lessor against liability for the same and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to holding the Premises, including without limitation all Tenant Improvements constructed pursuant to premises free from the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property effect of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, such lien or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”)claim. In connection with its removal of Required Removablesaddition, Tenant Lessor may require Lessee to pay Lessor's attorneys fees and costs in participating in such action if Lessor shall repair any damage decide it is in Lessor's best interest to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepteddo so.

Appears in 1 contract

Samples: Lease (Valley Commerce Bancorp)

Alterations. The Tenant shall not make no alterationsany external or structural alteration or addition to the Property and shall not make any opening in any boundary structure of the Property consent not to be unreasonably withheld or delayed. The Tenant shall not install any Service Media on the exterior of the Property save for any such alterations to the changing rooms which are permitted nor alter the route of any Service Media at the Property without the consent of the Landlord, additionssuch consent not to be unreasonably held or delayed. The Tenant shall not make any internal, decorationsnon-structural alteration to the Property without the consent of the Landlord, such consent not be unreasonably withheld or delayed. The Tenant shall not carry out any alteration to the Property which would, or improvements (collectively referred to as “Alterations”) may reasonably be expected to, have an adverse effect on the asset rating in any EPC commissioned in respect of the Property. Signs In this clause, Signs include signs, fascia, placards, boards, posters, and advertisements. The Tenant shall not attach any Signs to the Premises exterior of the Property save for the usual pitchside advertising or display any inside the Property as to be seen from the outside, without the prior written consent of the Landlord, such consent not to be unreasonably withheld or delayed. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at Before the end of the Term, except the Tenant shall remove any Signs placed by it at the Property and shall make good any damage caused by the Property by that removal. The Tenant shall allow the Landlord may, by notice to fix to and keep at the Property any sale or re-letting board as the Landlord reasonably requires. At the end of the term the Tenant given at least 30 days prior shall return the Property to the Expiration DateLandlord in the repair and condition required by this lease. If the Landlord gives the Tenant notice, require the Tenant shall remove items it has fixed to the Property, remove any alterations it has made to the Property and make good any damage caused to the Property by that removal. At the end of the term, the Tenant shall remove from the Property all chattels belonging to or used by it. The Tenant irrevocably appoints the Landlord to be the Tenant's agent to store or dispose of any chattels or items it has fixed to the Property and which have been left by the Tenant on the Property for more than ten working days after the end of the term. The Landlord shall not be liable to the Tenant by reason of that storage or disposal. The Tenant shall indemnify the Landlord in respect of any claim made by a third party in relation to that storage or disposal. If the Tenant does not comply with its obligations in this clause, then, without prejudice to any other right or remedy of the Landlord, the Tenant shall pay the Landlord an amount equal to the Annual Rent at the rate reserved immediately before the end of the term for the period that it would reasonably take to put the Property into the condition it would have been in had the Tenant performed its obligations under this clause. The amount shall be a debt due on demand from the Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedLandlord.

Appears in 1 contract

Samples: Lease

Alterations. Tenant shall make no alterations, additionsinstallations, decorations, additions or improvements (collectively referred to as “Alterations”) in, on or to the Leased Premises without the Landlord's prior written consent consent, not to be unreasonably withheld. All such work shall be designed and made in a manner, and by architects, engineers, workmen and contractors, satisfactory to Landlord, in its reasonable discretion. All alterations, installations, additions and improvements (including, without limitation, paneling, partitions, millwork and fixtures) made by or for Tenant to the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of LandlordLandlord at the expiration or termination of this Lease or the termination of Tenant's right to possession of the Leased Premises; provided, Landlord may require Tenant to remove any or all of such items that are not Building standard upon the expiration or termination of this Lease or the termination of Tenant's right to possession of the Leased Premises in order to restore the Leased Premises to the condition existing at the time Tenant took possession. Landlord may impose, as a condition to its consent, shall notify Tenant in writing of any requirements that Landlord in its discretion may deem reasonable or desirablesuch removal requirement at the time of installation of such non-Building standard items. Tenant shall use Landlord’s designated mechanical bear the costs of removal of Tenant's property from the Building and electrical contractorsof all resulting repairs thereto. Upon removal of such items, obtain all required permits for Tenant shall restore the Alterations Leased Premises to the condition existing at the time Tenant took possession, excluding normal wear and shall perform tear. Notwithstanding the work in compliance with all applicable lawsforegoing, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in upon the amount expiration or earlier termination of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansthis Lease, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expenseLandlord's request and upon written notification from Landlord, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) wiring installed either by Tenant or by Landlord at Tenant’s request (collectivelyfrom the Leased Premises, the “Required Removables”). In connection with its removal of Required Removables, and Tenant shall repair any damage to the Leased Premises arising caused by any such removal. Tenant shall bear the costs of removal of Tenant's property from the Building and of all resulting repairs thereto. All work performed by Tenant with respect to the Leased Premises shall: (a) not alter the exterior appearance of the Building or adversely affect the structure, safety, systems or services of the Building; (b) materially comply with all Building safety, fire and other codes and governmental and insurance requirements; (c) not result in any usage in excess of Building standard of water, electricity, gas, heating, ventilating or air conditioning, (either during or after such work) unless prior written arrangements satisfactory to Landlord are entered into; (d) be completed promptly and in a good and workmanlike manner; (e) be performed in such a manner that removal does not cause interference or disharmony with any labor used by Landlord, Landlord's contractors or mechanics or by any other tenant or such other tenant's contractors or mechanics; and (f) not cause any mechanic's, materialman's or other similar liens to attach to Tenant's leasehold estate. Tenant shall restore not permit, or be authorized to permit, any liens (valid or alleged) or other claims to be asserted against Landlord or Landlord's rights, estates and interests with respect to the affected area to its pre-existing conditionBuilding or this Lease in connection with any work done by or on behalf of Tenant, reasonable wear and tear exceptedTenant shall indemnify and hold Landlord harmless against any such liens.

Appears in 1 contract

Samples: Lease Agreement (Pozen Inc /Nc)

Alterations. Except for cosmetic alteration projects that do not exceed $100,000.00 during each calendar year and that do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any commercially reasonable requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the AlterationsAlterations which require Landlord’s consent. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datetime of Landlord’s approval, require Tenant to remove by the Expiration Date, Date or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cablingany Tenant Improvements constructed pursuant to the Work Letter) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Notwithstanding anything to the contrary in the foregoing, in no event will any improvements or conditions within the Premises as of the Commencement Date be considered Required Removables.

Appears in 1 contract

Samples: Lease (Redwood Trust Inc)

Alterations. (a) Tenant shall make no alterations, additions, decorations, additions or improvements in or to the Premises (collectively referred to as “Alterations”) to the Premises without the Landlord's prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that which consent shall not be unreasonably withheld, conditioned or delayed, and then only by contractors or mechanics approved by Landlord in its discretion may deem reasonable writing, which approval shall not be unreasonably withheld, conditioned or desirabledelayed. Tenant shall use Landlord’s designated mechanical submit to Landlord plans and electrical contractors, obtain all required permits specifications for the any proposed Alterations and may not make such Alterations until Landlord has approved such plans and specifications and the contractor in writing. Tenant shall perform construct such Alterations in accordance with the work plans and specifications approved by Landlord and in compliance with all applicable lawsLaws, regulations and ordinances shall not amend or modify such plans and specifications. If the proposed change requires the consent or approval of the holder of a mortgage encumbering the Premises, Tenant acknowledges that such consent or approval must be secured prior to the construction of such Alteration. Tenant agrees not to construct or erect partitions or other obstructions that may interfere with contractors reasonably acceptable free access to Landlordmechanical installations or service facilities of the Building or interfere with the moving of equipment to or from the enclosures containing said installations or facilities. Landlord All Alterations shall be entitled done at such times and in such manner as Landlord may from time to a supervision fee in time reasonably designate. Tenant shall pay the amount of 5% of the entire cost of all Alterations and any work necessitated by the Alterations. Tenant shall obtain and/or require from its contractor builder’s “all risk insurance” in an amount at least equal to the replacement value of the Alterations naming Landlord may elect and other parties required by Landlord as additional insureds, which shall specifically include completed operations. Tenant covenants and agrees that all work done by Tenant, including the Tenant Improvements, shall be performed in full compliance with all Laws, including the ADA. If a governmental authority requires any alterations to cause its architect to review the Project, Buildings or Premises as a result of Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan Permitted Use or as a result of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed Improvements or an Alteration to the Premises, including or due to Tenant’s unique and specific use, and which are not included in Landlord’s Work, Tenant shall pay the cost of all such required alterations. Any other code violation or alterations required by a governmental authority not covered by the previous two (2) sentences shall be the responsibility of Landlord at Landlord’s sole cost and expense and without limitation all reimbursement from Tenant Improvements constructed pursuant either directly or as an Operating Expense. Before commencing any work, Tenant shall give Landlord at least ten (10) days’ Notice of the proposed commencement of such work. For Alterations costing more than $50,000 and if Tenant fails to demonstrate to Landlord that it has sufficient available funds set aside for payment of the Work Letter (except as otherwise provided Alterations, Landlord may require that Tenant secure for such work at Tenant's own cost and expense a completion and payment bond in form, substance and amount reasonably satisfactory to Landlord. All Alterations made after the Work Letter)Commencement Date, but excluding moveable trade fixtures and furnitureshall, at Landlord's election, which election shall be communicated in writing to Tenant at the time of Landlord’s consent, either be removed by Tenant or shall become the property of Landlord. Such Alterations Landlord and shall remain upon, and be surrendered with with, the Premises at the end of the TermTerm hereof; provided, except however, that Landlord mayif Landlord, by notice Notice to Tenant given at least 30 days prior to the Expiration DateTenant, require requires Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removablessuch improvements, Tenant shall repair any all damage resulting from such removal or, at Landlord's option, shall pay to Landlord the reasonable and documented cost of such removal prior to the expiration of the Term. In no event shall Tenant be required to remove the Tenant Improvements. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to obtain Landlord’s prior written consent for non-structural, non-exterior, cosmetic alterations to the Premises, provided such alterations do not affect the Building Systems and cost in the aggregate for each alteration project no more than $150,000. Additionally, the construction of the Tenant Improvements shall be governed by the terms of the Work Letter and not the terms of this Section 14. (b) All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by or for Tenant in the Premises shall be and remain the property of Tenant and shall be removed by Tenant prior to the expiration of the Term and Tenant shall repair all damage to the Premises arising resulting from such removal. If Tenant shall fail to remove any of the foregoing from the Premises on or before termination of this Lease for any cause whatsoever, Tenant shall be deemed to be holding over without Landlord’s consent, and Landlord may, at its option, remove the same in any manner that Landlord shall choose, and store the same without liability to Tenant for loss thereof, and Tenant shall pay Landlord upon demand any and all reasonable and documented expenses incurred in such removal, including court costs and attorneys' fees and storage charges thereon, for any length of time that the same shall be in Landlord's possession or control. Landlord may without Notice, sell such property, at a private sale and without legal process, for such price as Landlord may obtain and apply the proceeds of such sale to any amounts due under this Lease from Tenant to Landlord and/or to all reasonable and documented expenses, including attorneys' fees and costs, incident to the removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedand/or sale thereof.

Appears in 1 contract

Samples: Office Building Lease (GLAUKOS Corp)

Alterations. Tenant shall not make no alterations, additions, decorations, any changes or improvements (collectively referred to as “Alterations”) additions in or to the Demised Premises without the Landlord's prior written consent approval. Tenant shall, when requesting any such approval, supply Landlord with such plans and details for any proposed additions or alterations as Landlord may reasonably require. Without limiting the generality of the foregoing: (i) if Tenant proposes to carpet or re-carpet all or part of the Demised Premises and Landlord approves, then Tenant shall consult with Landlord concerning the type, color and method of affixing such carpeting, all of which must be satisfactory to Landlord; and (ii) if Tenant proposes to paint or re-paint the Demised Premises and Landlord approves, then Tenant shall consult with Landlord concerning the type and color of paint and method of painting, all of which must be satisfactory to Landlord. Landlord may imposeAlso without limiting the generality of any of the foregoing, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use coordinate with Landlord regarding, and obtain Landlord’s designated mechanical 's approval regarding the method of, Tenant's installation of any telephone system, internet facilities or information technology infrastructure. Any work performed by Tenant shall be performed in a good and electrical contractorsworkmanlike manner, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee If Tenant has made any changes or additions in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed or to the PremisesDemised Premises then, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, upon expiration or sooner termination date of this Lease, all Tenant shall, if and to the extent requested by Landlord, restore the Demised Premises to their condition existing prior to the alterations, subject to ordinary and reasonable wear and tear. If and to the extent Landlord does not request Tenant to so restore the demised Premises to their condition existing prior to the alterations, Tenant may do so at its option and remove any improvements or decorative items that it has placed in the Demised Premises, but if it fails to do so, said improvements or decorative items shall become Landlord's property. Notwithstanding anything contained herein to the contrary, any Alterations (including personal property belonging to Tenant left in or near the Demised Premises after this Lease terminates or after Tenant vacates the Demised Premises shall at Landlord's option be deemed abandoned by Tenant, and Landlord may at its option dispose of such personal property without limitation all telephone notice to Tenant and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”)without obligation to account therefor. In connection with its removal of Required Removablessuch event, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedpay Landlord for all expenses incurred in connection with disposing of such property.

Appears in 1 contract

Samples: Asset Sale Agreement (CMS Energy Corp)

Alterations. Except for cosmetic alteration projects that do not exceed $10,000.00 during each calendar year and that do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, decorations or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any commercially reasonable requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Redwood Trust Inc)

Alterations. Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord, which consent shall be given or refused within ten (10) business days. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, and utilize only building standard materials. Moreover, as long as the foregoing criteria are satisfied, Landlord's consent shall not be required (but prior written notice to Landlord must be given) for cosmetic alternations costing in the aggregate not more than Forty Thousand Dollars ($40,000.00). Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirablereasonable, including but not limited to requirements as to the manner and time for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s 's designated mechanical and electrical contractorscontractors for all work affecting the mechanical or electrical systems of the Building. Should Tenant perform any work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the reasonable cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations work and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. ordinances, and Landlord shall be entitled to a supervision fee in the amount uniformly established by Landlord for the Building, but not in excess of five percent (5% %) of the cost of the Alterationswork. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and, if applicable, shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s 's architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations work proposed by Tenant and consented to by Landlord change modify the floor plan internal configuration of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s 's systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord's consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s 's request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall and to repair any damage to the Premises arising from that removal removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement in writing prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall restore be entitled to prompt payment from Tenant of the affected area to its pre-existing conditionreasonable cost thereof, reasonable wear and tear exceptedinclusive of the standard coordination fee of Landlord's management agent uniformly established for the Project.

Appears in 1 contract

Samples: Office Space Lease (Acacia Research Corp)

Alterations. Tenant Sublessee shall not make no or permit any other person to make any alterations to the Sublet Premises without the written consent of Esquire Suites and Landlord first had and obtained. Should Esquire Suites consent to the making of any alterations to the Sublet Premises by Sublessee, the alterations shall be made at the sole cost and expense of Sublessee by a contractor or other person selected by Landlord and approved in writing by Esquire Suites and Landlord before work commences. Any and all alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) made to the Sublet Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable shall on expiration or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% sooner termination of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall Sublease become the property of Landlord. Such Alterations shall be surrendered with Esquire Suites and remain on the Premises at the end of the TermSublet Premises; provided, except however, that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, on expiration or sooner termination date of this Leasethe Sublease and written demand being given to the Sublessee by Esquire Suites, Sublessee shall at Sublessee’s sole cost and expense, remove all alterations, additions, and improvements made to the Sublet Premises by Sublessee and pay all costs of repairing any damages to the Sublet Premises caused by their removal. Esquire Suites has the right to make reasonable alterations to the Suite. Esquire Suites may from time to time remodel all or any Alterations (portions of the Suite and the Sublet Premises as Esquire Suites, in its sole discretion, deems appropriate, including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at TenantSublessee’s request (collectively, the “Required Removables”Office(s). In connection Remodeling may include replacement of carpeting, painting of interior walls, maintenance replacement, or repair of Esquire Suites’ furniture and fixtures, and other cosmetic work. Upon reasonable notice from Esquire Suites to Sublessee, Sublessee agrees to cooperate in such remodeling by permitting workers reasonable access to Sublessee’s Office(s), permitting Sublessee’s furniture and fixtures to be removed and put back into Sublessee’s Office(s), packing and unpacking Sublessee’s personal property, paying for Sublessee’s own costs associated with its removal such remodeling, including disconnecting and reconnecting of Required Removableselectronic equipment, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, complying with Esquire Suites’ other reasonable wear and tear exceptedrequests for cooperation.

Appears in 1 contract

Samples: Office Sublease

Alterations. Tenant shall make no alterations, additions, decorations, Any alterations or improvements additions (collectively referred to as AlterationsWork”) made to the Leased Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises , at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all and Tenant shall have no right of reimbursement therefore. Prior to any such alterations or any Alterations additions (including without limitation all telephone and data cabling“Work”) installed either to the Leased Premises by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage provide information, in writing, to Landlord on the scope of work to be done. Landlord must approve, in writing, all such Work to the Leased Premises prior to inception of Work, either demolition or construction, by Tenant. Any alterations or additions (“Work”) made by Tenant to the Leased Premises shall be performed in a good and workmanlike manner, in compliance with all governmental requirements and permits, and without unreasonable interference with the other tenants or the transaction of business in the Facility. Tenant shall make no alterations or additions to the Leased Premises to cause any unreasonable increase in the insurance rate on the Leased Premises. Tenant shall use only licensed contractors, professionals and subcontractors, licensed properly to do business in Louisiana, for any such Work. Tenant warrants that all such contractors, subcontractors, professionals and suppliers shall be paid in a timely manner. Tenant shall secure insurance coverage in the limits and types specified in Exhibit “D” (Exhibit “D-1” – Insurance Requirements) and shall provide a Certificate of Insurance to Landlord (attached as Exhibit “D-2”) evidencing such coverage prior to commencement of any Work to the Leased Premises. Tenant shall indemnify, defend, and hold Landlord and Owner harmless from all claims, liabilities, obligations and expenses, including attorneys’ fees, expert fees and costs arising from that removal or in any way connected with Tenant’s Work, except to the extent caused by Landlord or Owner’s gross negligence or willful misconduct. Upon expiration or termination of this Lease Agreement Tenant shall promptly remove any personal property (movables) belonging to Tenant and any movables not deemed component parts pursuant to Louisiana Civil Code art. 466. Tenant shall restore the affected area to its pre-existing repair or replace, in a like condition, the Leased Premises on or before the expiration of this Lease, or any extension or renewal thereof, less reasonable wear and tear exceptedand damage from casualty.

Appears in 1 contract

Samples: Lease Agreement

Alterations. (a) Tenant shall make no alterations, additions, decorations, changes in or improvements (collectively referred to as “Alterations”) to the Demised Premises of any nature without Landlord’s prior written consent which consent shall not be unreasonably withheld or delayed, provided, however, that Tenant shall be entitled to make installations, alterations or additions costing less than $5,000.00 and which do not affect the mechanical, electrical, plumbing or structural systems of the Building, without obtaining the prior written consent of Landlord (hereinafter, all changes requiring Landlord’s consent and those not requiring Landlord’s consent will be called “Tenant’s Changes”). All fixtures, equipment and other tenant improvements installed in the Demised Premises by Tenant at its expense which is not consistent with standard office use shall be and shall remain the property of Tenant and shall be removed by Tenant at the expiration of the Lease Term; and provided that Tenant shall repair and restore any damage to the Demised Premises caused by the installation and/or removal of any such fixtures, equipment or other tenant improvements. Subject to the preceding sentence, if Tenant desires to leave any tenant improvements which it has made to the Demised Premises, Tenant may leave such improvements only with the prior written consent of Landlord, and such improvements shall then remain as part of the Demised Premises and become the property of the Landlord at the expiration of the Lease Term. Nothing in this Article shall be construed to give Landlord title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such items from the Demised Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense repair and restore the Demised Premises to substantially the condition existing prior to the installation and Tenant will 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 Lease Term remaining in the Demised Premises after Tenant’s removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord’s property or may be removed from the Demised Premises by Landlord at Tenant’s expense. Landlord may imposeagrees that Tenant shall not be required to remove any part of Landlord’s Work pursuant to the attached Work Letter, as including any halls, doors, corridors, ceiling tiles, and carpeting. (b) Any Tenant Changes made by Tenant or Tenant’s Contractors must comply with the following: (1) No Tenant Changes shall be made which shall impair the structural soundness or diminish the value of or cause permanent damage or injury to the Building or the Demised Premises or create a dangerous or hazardous condition or injure the business of or unreasonably interfere with, disturb or annoy any other tenant or occupant of the Building. (2) Landlord agrees to its consentcooperate (i.e., any requirements that Landlord in its discretion may deem reasonable or desirableexecuting permit applications, to the extent required). Tenant shall use Landlord’s designated mechanical and electrical contractorsshall, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable lawsbefore making any alterations, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shallinstallations or improvements, at its expense, furnish obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord. (3) All Tenant Changes shall be performed in a workmanlike manner and shall be in compliance with all laws, codes, ordinances, orders, rules, regulations and requirements of all governmental authorities having or asserting any jurisdiction. (4) Tenant shall maintain or cause to have maintained, at no cost to Landlord (i) Workmen’s Compensation Insurance, in accordance with asall laws, covering all persons employed in connection with Tenant Changes and, (ii) General Liability Insurance in amounts and with insurers reasonably satisfactory to Landlord insuring Landlord and its agent against the hazards due to Tenant Changes. Prior to the commencement of any work, Tenant shall submit appropriate written proof reasonably satisfactory to Landlord of Tenant’s compliance with this requirement. (5) No Tenant Changes shall affect or change (i) the structural integrity of the Building, (ii) the exterior appearance of the Building, or (iii) the air-built conditioning, air-cooling, plumbing, electrical or heating system and/or any other such system of the Building unless Tenant shall have (a) submitted to Landlord for its written approval, accurate dimensioned working drawings and CAD disks compatible specifications therefor and (b) paid to Landlord any reasonable third party fees or expenses incurred by Landlord in connection with submitting such drawings and specifications to an architect or engineer of Landlord’s systems. Unless Landlord otherwise agrees selection for review or examination, and (c) obtained Landlord’s written approval of such drawings and specifications, not to be unreasonably withheld, conditioned or delayed. (6) Nothing in writingthis Lease shall be construed in any way as constituting the permission, all Alterations affixed consent or request of the Landlord, express or implied through act, or omission to act, by inference or otherwise, to any contractor, sub-contractor, laborer, or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, installation, addition, decoration, alteration, or repair of or to the Demised Premises or so as to give to the Tenant the right, power, or authority to contract for or permit the rendering of any service or the furnishing of any material that would give rise to the filing of any mechanic’s lien against the Building or the Demised Premises. If any mechanic’s lien is filed against the Demised Premises, including without limitation all Tenant Improvements constructed 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 Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations same shall be surrendered discharged by Tenant in accordance with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date Article 43 of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease Agreement (Clickable Enterprises Inc)

Alterations. Except for cosmetic alteration projects that do not exceed $25,000.00 in aggregate cost during the Term and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. For all Alterations that require the prior written consent of Landlord, Landlord’s consent shall not be unreasonably withheld, conditioned or delayed as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). For all Alterations that require the prior written consent of Landlord, Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable; provided that, for projects that do not exceed $50,000.00, Landlord shall not require Tenant to post a lien or completion bond. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansplans with respect to any Alterations, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures fixtures, furniture, office/telephone equipment, computers, and furnitureother personal property, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datetime of Landlord’s consent, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. If Landlord fails to respond to any request for consent within the 10 day period set forth in the preceding sentence, Tenant shall have the right to provide Landlord with a second request for consent. Tenant’s second request for consent must specifically state that Landlord’s failure to respond within a period of 5 business days shall be deemed to be an approval by Landlord. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Lombard Medical, Inc.)

Alterations. Subject to installation of Tenant Improvements pursuant to Section 5, Tenant shall make no alterations, additions, decorationschanges, alterations or improvements (collectively referred to as AlterationsWork”) to the Premises or any electrical, mechanical or fire protection facilities pertaining to the Premises without the prior written consent of Landlord. All Work shall be at Tenant’s sole cost and shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to those in the Premises and the Building and shall be in accordance with plans and specifications approved in writing by Landlord. Landlord may imposerequires that all Work be performed under Landlord’s supervision by Landlord approved contractor, and Tenant shall reimburse Landlord for any costs incurred as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirableresult of such supervision. Tenant shall use 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 by Tenant and Tenant shall pay for all damage to the Building caused by acts or omissions of Tenant or Tenant’s officers, contractors, subcontractors, agents, invitees, licensees, employees, successors or assigns. If Landlord consents to or supervises any Work by Tenant, the same shall not be deemed a 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, except with respect to Landlord’s designated mechanical intentional misconduct. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of any Work. All alterations, additions and electrical contractorsimprovements except Tenant’s trade fixtures that do 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 Lease; provided, obtain all required permits for the Alterations and however, that Landlord may identify Required Removals on Tenant’s plans. Tenant shall perform the work in compliance comply with all applicable laws, codes and regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedall Work.

Appears in 1 contract

Samples: Office Lease Agreement (Atossa Genetics Inc)

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