Common use of Alterations Clause in Contracts

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises without Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any time.

Appears in 2 contracts

Sources: Lease (Autologic Information International Inc), Lease (Agfa Corp)

Alterations. (a) Tenant shall not make any alterations, additions or improvements (collectively, "Alterations") in, on or to the Premises or any part thereof without the prior written consent of Landlord. Any Alterations, except for Tenant's movable furniture and equipment, shall immediately become Landlord's prior written consentproperty and, which Landlord at the end of the Term, shall not unreasonably withhold, delay or conditionremain on the Premises without compensation to Tenant; provided, however, Tenant maythat any such movable furniture and equipment, otherwise belonging to Tenant, but which shall remain on the Premises at the expiration or other termination of the Term shall also become the property of Landlord unless promptly removed by Tenant. In the event Landlord shall consent to the making of any Alterations by Tenant, the same shall be made by Tenant, at its Tenant's sole cost and expense, without Landlord's prior consent, but on prior notice to in accordance with plans and specifications previously approved by Landlord, and any contractor or person selected by Tenant to make alterationsAlterations must first be approved in writing by Landlord. Before any Alterations shall be commenced, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to furnish Landlord for review with workmen's compensation and approval, which approval public liability insurance and shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance comply with all applicable laws, all including but not limited to the Mechanic's Lien Law of the State of Florida, ordinances, regulations, building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterationscodes, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to obtain all required permits, inspections, and certificates as shall be released promptly after Tenant receives notice of the same without cost to Landlordrequired by all governmental agencies having jurisdiction thereof. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of Upon the expiration or earlier sooner termination of the Term, unless Tenant requests shall upon demand by Landlord, at Tenant's sole cost and expense, remove any Alterations made by or for the account of Tenant, which Landlord agrees shall designate for removal, and Tenant shall, at its sole cost and expense, repair and restore the Premises to its original condition. Notwithstanding the aforementioned, Tenant will only be required to remove those Alterations not previously approved by Landlord. (b) Lessee shall not paint or install any signs in writing otherwise at or on the time Premises, on the exterior doors, plate glass or exterior walls of their construction the Premises or the Building, without the prior written consent of Landlord. Such written consent shall be required as to the content of the sign, its size, material, format, the manner and method of its installation. Notwithstanding Landlord reserves the right to require Tenant, at Tenant's sole expense, to modify, remove, replace or redesign its sign so as to harmonize the sign with the overall appearance and design now or hereafter existing in the Building. Landlord reserves the right to change the sign policies and design criteria with respect thereto at any provision of time during this Lease and Tenant agrees to the contrary, all conform to such changes within fifteen (15) days of Tenant's receipt of written notice from Landlord pertaining thereto. No furniture, equipmentdoormats, trade fixtures, supplies and personal property located or other objects shall be placed by Tenant in the corridors or elsewhere in or about the Building other than within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timePremises.

Appears in 2 contracts

Sources: Lease Agreement (Cardionet Inc), Lease Agreement (Cardionet Inc)

Alterations. Tenant 10.1 Subtenant shall not make any alterations, installations, additions or improvements in or to the Sublease Premises without Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay first having obtained the consent or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice approval of Overlandlord and Sublandlord (in each case if and to Landlord, make alterations, additions the extent required by and under the same standards of the ▇▇▇▇▇▇▇▇▇). Sublandlord hereby consents to the tenant improvements to be constructed by Subtenant in accordance with that certain space plan attached hereto as Exhibit H (the Premises that will not cost more than $20,000 in any single instance “Subtenant Improvements”), Notwithstanding the foregoing, the provisions of Section 10.1(b) (with respect to non-structural, decorative alterations) and that will not have a material adverse effect on Section 10.3.1 (with respect to removal of alterations at the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment end of the Buildings term) shall apply to this Sublease to the extent that Sublandlord is entitled to such rights or on the structure or exterior of the Buildingsbound by such obligations and further, provided that Overlandlord consents to same. Tenant shall provide detailed drawings to Landlord for review and approval, which approval Sublandlord agrees that Subtenant shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform obligated to remove any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Sublandlord’s initial Tenant shall repair any damage Improvements or Alterations to the Premises arising out of any such alterationsPremises, additions and improvements. All such alterationsif any, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the date hereof, at the expiration or earlier termination of the TermSublease, provided, however, that unless Tenant requests otherwise waived by the Overlandlord in the Overlandlord’s Consent or in a separate written document, Subtenant shall be obligated to remove the Subtenant Improvements and Landlord agrees in writing otherwise Alterations made by Subtenant, if any, at the time expiration or earlier termination of their construction or installation. Notwithstanding any provision the Sublease and to restore the Sublease Premises to the condition existing as of the Sublease Commencement Date. 10.2 Subtenant shall observe and perform all of the terms, covenants and conditions of this Lease Sublease and the ▇▇▇▇▇▇▇▇▇ applicable to any alterations, installations, additions or improvements made in or to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Sublease Premises by Tenant at any timeSubtenant.

Appears in 2 contracts

Sources: Sublease Agreement, Sublease Agreement (Riverbed Technology, Inc.)

Alterations. Tenant shall not make any alterations, alterations and additions or improvements to the Tenant’s Premises without except in accordance with plans and specifications therefor first approved by Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned delayed or delayedconditioned. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s opinion are reasonably likely to adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent, in Landlord’s judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall perform not be acting as Landlord’s agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any such work. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour, plus (ii) third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. Except for any additions or alterations which Tenant requests to remain in the Premises in Tenant’s notice seeking Landlord’s consent for the installation thereof (which notice shall specifically refer to this Section 5.12) and for which Landlord specifically agrees in writing may remain, all alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, cabling and wiring shall be performed by Landlord’s general contractor (whose prices shall be competitive and reasonable taking into consideration the quality and nature of the work) or by contractors or workers first reasonably approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security reasonably satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. To the extent usual and customary in light of the nature of the work being performed, Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions and or improvements in or to the Building that are required in order to comply with Legal Requirements as a good result of any work performed by Tenant. Landlord shall have the right to provide such rules and workmanlike manner regulations relative to the performance of any alterations, additions, improvements and installations by Tenant hereunder and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in compliance with all applicable laws, all building codes connection therewith to attach to the Premises or the Buildings or the Site and all requirements of insurance policies covering the Buildingsimmediately to discharge any such liens which may so attach. Tenant shall promptly pay all costs and expenses related to any such alterationspay, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 belowas Additional Rent, Tenant shall repair any damage to the Premises arising out 100% of any such alterationsreal estate taxes on the Complex which shall, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination any time after commencement of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction result from any alteration, addition or installation. Notwithstanding any provision of this Lease improvement to the contraryPremises made by Tenant. Tenant acknowledges and agrees that Landlord shall be the owner of any additions, all of Tenant's furniture, equipment, trade fixtures, supplies alterations and personal property located within improvements in the Premises throughout or the term of this Lease shall remain Building to the property of Tenant and may be removed from the Premises extent paid for by Tenant at any timeLandlord.

Appears in 2 contracts

Sources: Lease Agreement (Proteon Therapeutics Inc), Lease Agreement (Proteon Therapeutics Inc)

Alterations. Tenant shall not make alterations and additions to Tenant’s Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s opinion would reasonably be expected to adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent in any material respect, in Landlord’s reasonable judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord’s agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any such work. Within thirty (30) days after receipt of an invoice from Landlord (together with reasonable supporting back up documentation), Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour for time spent by senior staff, and $100 per hour for time spent by junior staff, plus (ii) reasonable third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to comply with Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to provide such rules and regulations relative to the performance of any alterations, additions, improvements and installations hereunder (which shall be applied in a non-discriminatory manner) and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of any real estate taxes on the Complex which shall, at any time after commencement of the Term, result from any alteration, addition or improvement to the Premises made by Tenant. Tenant acknowledges and agrees that Landlord shall be the owner of any additions, alterations and improvements in the Premises or the Building to the extent paid for by Landlord. Notwithstanding the terms of this Section 5.12, Tenant shall have the right, without obtaining the prior consent of Landlord but upon notice to Landlord given ten (10) days prior to the commencement of any work (which notice shall specify the nature of the work in reasonable detail), to make alterations, additions or improvements to the Premises without Landlord's prior written consentwhere: (a) the same are within the interior of the Premises within the Building, and do not affect the exterior of the Premises and the Building (including no signs on windows); (b) the same do not affect the roof, any structural element of the Building, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Building; (c) with the exception of painting and carpeting (which Landlord shall not unreasonably withholdbe subject to the dollar limits set forth in this subsection (iii)), delay the cost of any individual alteration, addition or conditionimprovement shall not exceed $30,000.00 and the aggregate cost of said alterations, additions or improvements made by Tenant during the Lease Term shall not exceed $200,000.00 in cost; and (d) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in cost; provided, however, that Tenant mayshall, at its sole expensewithin thirty (30) days after the making of such changes, without send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord's prior consent, but on prior by notice to Landlord, make alterations, additions and improvements Tenant given at least thirty (30) days prior to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Lease Term, unless may require Tenant requests to restore the Premises to its condition prior to construction of such improvements (reasonable wear and Landlord agrees in writing otherwise tear excepted) at the time expiration or earlier termination of their construction or installation. Notwithstanding any provision of this the Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeTerm.

Appears in 2 contracts

Sources: Lease Agreement (Care.com Inc), Lease Agreement (Care.com Inc)

Alterations. A. Tenant shall make no change, alteration, addition or improvement (each hereinafter referred to as an “alteration”) in or to the demised premises, without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if such alteration is not make 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. Except for “Specialty Alterations” (as hereinafter defined), Tenant shall have no obligation to remove any permitted alterations, additions or and improvements to made by Tenant in accordance herewith at the Premises without Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay or conditionexpiration of the term of this lease; provided, however, Tenant mayshall be required to remove any Specialty Alterations that Landlord so designates at the time Landlord grants its consent thereto. For purposes hereof, at its sole expensethe term “Specialty Alterations” shall mean (i) Tenant’s trade fixtures, without Landlord's prior consent(ii) raised flooring, but on prior notice to Landlord, make alterations, additions and improvements to (iii) alterations which penetrate floor slabs or affect the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the BuildingsBuilding and (iv) safes or vaults and other installations which would be unusually difficult or expensive to remove. Tenant 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, unless Landlord elects otherwise in writing at the time consent is requested, become the property of Landlord, and shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned surrendered with the demised premises at the expiration or delayedsooner termination of the term of this lease. Tenant shall perform any Any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant that Landlord shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise designate at the time of their construction or installation. Notwithstanding consent is requested, shall be removed by Tenant and any provision of this Lease damage repaired, at Tenant’s expense prior to the contrary, all expiration of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timelease.

Appears in 2 contracts

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

Alterations. (a) Except as provided in Section 6.1(c) herein, and subject to the terms and provisions of Exhibit C-2 relating to the initial Tenant Improvements to be installed prior to Tenant’s initial occupancy of the Premises, no alterations, additions or improvements (collectively “Improvements,” which term shall include the Tenant Improvements) shall be made to the Premises, whether before or during the Lease Term, without the prior written consent of Landlord, and all such Improvements, including, without limitation, subdividing partitions, walls and railings of whatever type, material or height, shall, when made, become the property of Landlord and remain upon and be surrendered with the Premises as a part thereof at the end of the Lease Term, unless, at the end of the Lease Term and subject to the terms and provisions of this Section 6.1(a), with regard to Improvements (including, without limitation, cabling and wiring) made to the Premises during the Lease Term, Landlord shall notify Tenant to remove same, in which latter event Tenant shall do so. With respect to any Improvement(s) for which Tenant seeks Landlord’s approval (as contemplated in Section 6.1(b) herein), if Landlord approves the proposed Improvement(s), Landlord shall also notify Tenant in writing, simultaneously with the delivery to Tenant of the approval communication, as to whether Landlord reserves the right to require Tenant, at the expiration or earlier termination of the Lease Term, to remove all or any portion of such Improvement(s) and to restore the Premises to the condition that existed immediately prior to the installation of such Improvement(s). If Landlord does not make reserve such right to require Tenant to remove the relevant Improvement(s) and to restore the Premises at the expiration or earlier termination of the Lease Term at the time Landlord approves such Improvement(s), then Landlord shall be deemed to have waived such removal and restoration right. Tenant shall remain subject to Landlord’s right to require the removal of all or any portion of Improvements and the associated restoration to be completed by Tenant at the expiration or earlier termination of the Lease Term unless Landlord, as provided above in this Section 6.1(a), either has waived or is deemed to have waived (i.e., because Landlord has allowed the ten (10) business day period in Section 6.1(b) herein to lapse without responding) the right to require the removal of such Improvements and the associated restoration to be completed at the expiration or earlier termination of the Lease Term, Notwithstanding the foregoing, Landlord’s consent shall not be required with respect to any alterations, additions or improvements to the Premises without Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay or condition; providedother Improvements (excluding, however, the initial Tenant mayImprovements installed prior to Tenant’s initial occupancy of the Premises) related to a single project so long as (i) the expenditures (or series of expenditures made with respect to such project in a six (6) month period) to be made in connection with such project do not exceed $50,000.00, at its sole expense(ii) such project does not involve connecting to or tampering with any Building system (including the Building systems referenced in Section 5.1(a)(x) herein) or any Building structural elements or components, without Landlord's prior consent, but on prior notice (iii) such project does not require work to Landlord, make be performed inside the walls or above the ceiling of the Premises; (iv) such project does not involve any alterations, additions and improvements to or other Improvements that are visible from the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Premises or the Building and (v) Tenant provides Landlord with written notice of such project at least thirty (30) days in advance of the commencement of same. (b) If Tenant is required to seek or desires to seek Landlord’s approval of plans and specifications for Improvements that Tenant desires to install, Tenant shall provide detailed drawings deliver to Landlord two (2) complete sets of reasonably detailed plans and specifications for such Improvements, including dimensions, materials, colors and similar information that landlords of other first-class suburban office buildings comparable to the Building in the south Charlotte area typically require in cases where they have a review right, and each such submittal shall be delivered to Landlord under the cover of a submittal form that is materially similar to the sample submittal form attached hereto as Exhibit J (with blanks completed). Upon Landlord’s receipt of a submittal of plans and specifications, Landlord shall complete such review and approvalprovide Landlord’s written response to such plans and specifications to Tenant within ten (10) business days after Tenant initially delivers such plans and specifications to Landlord. As provided in Section 6.1(a) herein, which Landlord’s written response to Tenant also shall indicate whether Landlord reserves the right to require Tenant, at the expiration or earlier termination of the Lease Term, to remove all or any portion of such Improvement(s) and to restore the Premises to the condition that existed immediately prior to the installation of such Improvement(s). Landlord’s approval of any such plans and specifications shall not be unreasonably withheld, conditioned or delayed. If Landlord does not approve the plans and specifications, such written notice from Landlord to Tenant shall perform provide reasonably detailed comments and suggestions which, if incorporated in the plans and specifications, will render them acceptable to Landlord. Additionally, if Landlord requires more information in order to complete its review, Landlord shall so notify Tenant in writing within the foregoing ten (10) business day period. If Landlord initially does not approve plans and specifications or approves them conditioned upon certain modifications being made therein, the same process set forth above in this Section 6.1(b) shall apply to the resubmittal of such plans and specifications by Tenant to Landlord for Landlord’s approval or unconditional approval, as the case may be. Notwithstanding anything to the contrary contained in this Section 6.1(b), Exhibit C-2 shall control the procedure for submittal and approval of the Tenant Improvements Plans and Specifications (for the initial Tenant Improvements) to be prepared by the Architect/Engineer. (c) In addition to the terms and provisions contained in the last sentence in Section 6.1(a) herein, Tenant shall not core drill or in any such alterationsother manner attempt to penetrate the floors of the Building without the prior written consent of Landlord, additions and improvements which Landlord may withhold in its sole discretion. All Improvements shall be constructed in a diligent, good and workmanlike manner manner, using, at a minimum, finishes which are Building Standard, using only contractors and subcontractors approved in advance and in writing by Landlord, and in compliance with all applicable lawslegal requirements, all including, without limitation, the procurement of a building codes permit. With respect to any plans and all requirements of insurance policies specifications for Improvements which are approved by Landlord as contemplated in Section 6.1(b) herein, the relevant Improvements shall be constructed in accordance with the plans and specifications approved by Landlord. At Landlord’s request, Tenant shall obtain a Builders’ Risk Insurance Policy covering the BuildingsImprovements in such amount as is reasonably requested by Landlord, naming Landlord and Landlord’s lender(s) as an additional insured and providing that such policy will not be canceled without giving Landlord and Landlord’s lender(s) at least fifteen (15) days’ prior written notice thereof, and upon completion of such Improvements, Tenant shall furnish Landlord with a complete set of as-built plans and specifications for the same along with a CAD or other electronic version (as reasonably requested by Landlord) of such plans and specifications. Tenant shall promptly pay all costs has no authority to allow, will not permit, and expenses related will indemnify Landlord and hold it harmless from, any contractors’, laborers’, mechanics’, and/or materialmen’s liens, or any other similar liens filed against the Premises, the Land and/or the Building in connection with any Improvements. Also, with respect to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches or other Improvements to Landlord's interest in the Premises made by Tenant (excluding, however, the initial Tenant Improvements installed prior to be released promptly after Tenant receives notice Tenant’s initial occupancy of the same without cost to Premises), if Tenant requests, or if Landlord requires, the involvement of or work by Landlord. Subject to Section 13 below’s construction coordinator, Tenant shall repair pay to Landlord the reasonable cost thereof (generally two percent (2%) or more of the cost of the relevant Improvements), to be paid as Additional Rent within thirty (30) days of receipt of an invoice for the same; provided, however, Landlord shall not be entitled to require the involvement of or work by Landlord’s construction coordinator unless (i) Tenant is leasing from Landlord less than all of the rentable space of the Building, or (ii) Tenant is failing to comply, or has previously failed to comply, with Landlord’s construction requirements and guidelines. Landlord shall have no obligation to provide a construction coordinator relative to the initial Tenant Improvements. Landlord’s concerns and requirements for a supervisory role in connection with any Improvements will be greater relative to any portion of the Lease Term during which Tenant is leasing from Landlord less than all of the rentable space in the Building. In connection with any Improvements, Tenant shall be entitled to use only the Loading Dock Elevator (which Tenant shall pad and protect to prevent damage to same and the Premises arising out finishes therein) at no additional cost to Tenant beyond the rent otherwise provided for in this Lease, provided all such usage shall be subject to the standard Building Rules and Regulations in effect from time to time, as referenced in Section 7.4 herein and on Exhibit F attached hereto (the “Building Rules and Regulations”). Additionally, Tenant shall cause the construction of any such alterations, additions Improvements to be completed in a manner that does not materially adversely impact or disrupt other tenants and improvements. All such alterations, additions occupants in the Building and improvements in other buildings in the Business Park. (other than Tenant's trade fixtures, modular furniture, equipment d) Notwithstanding the foregoing terms and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees provisions in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease Article VI to the contrary, all reference is made to the terms and provisions of Tenant's furniture, equipment, trade fixtures, supplies Exhibit G hereto regarding the rights and personal property located within obligations of the Premises throughout parties relating to the term of this Lease shall remain Generator and the property of Tenant and may be removed from the Premises by Tenant at any timeCommunications Equipment.

Appears in 2 contracts

Sources: Lease (Premier, Inc.), Lease (Premier, Inc.)

Alterations. Tenant shall not make nor permit to be made any alterations, additions ----------- alterations or improvements to the Premises without obtaining Landlord's prior written consent, consent which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned and then only by contractors or delayedmechanics approved by Landlord. Landlord shall generally consent to alterations, additions, or improvements which do not affect the value of the Premises significantly and which do not affect the structure or operation of the Building. Tenant covenants and agrees that all work done by Tenant shall perform any such alterations, additions and improvements be performed in a good and workmanlike manner and in full compliance with any and all applicable laws, all building codes statutes, rules, orders, ordinances, regulations, and requirements of the federal, state, and local governments, and all their departments and bureaus, as well as the requirements of the Association of Fire Underwriters, or similar governing insurance policies covering body. Unless otherwise approved by Landlord, all alterations, additions, and improvements to the BuildingsPremises shall be made by Landlord. Landlord shall pay for the cost of any alterations, additions, and improvements to the Premises only to the extent Landlord agrees to do so by a separate written agreement with Tenant. Otherwise, Tenant shall promptly pay all costs and expenses related to any for such additions, alterations, additions and improvements including any additions, alterations, and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage improvements to the Premises arising out of required by any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout governmental agency during the term of this Lease Lease, which costs shall include a reasonable overhead and profit charge by Landlord. Tenant shall report all costs incurred by Tenant for any alterations, additions, or improvements made by Tenant to the Premises and shall permit Landlord to examine all contracts and records relating to such alterations, additions, or improvements. All alterations, additions, and improvements to the Premises by Landlord or Tenant shall become part of the realty and belong to Landlord and, at the end of the term hereof, shall remain on the Premises without compensation of any kind to Tenant, except that any trade fixtures which are installed and paid for by Tenant shall remain the property of Tenant and may be removed from by Tenant during the term of this Lease provided Tenant repairs any damage to the remaining improvements of the Premises caused by the removal of such fixtures. Moveable furniture and equipment of Tenant at any timeshall remain the property of the Tenant.

Appears in 2 contracts

Sources: Office Building Lease (Physicians Quality Care Inc), Office Building Lease (Physicians Quality Care Inc)

Alterations. Tenant shall not make any alterations, additions or improvements (collectively, “Alterations”) in or to the Premises Demised Premises, except pursuant to Exhibit “D”, without Landlord's ’s prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval consent shall not be unreasonably withheld, conditioned delayed or delayedconditioned. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildingsonly utilize contractors reasonably approved by Landlord. Tenant shall promptly pay shall, before making any Alterations, at its expense, obtain all costs permits, approvals and expenses related to certificates required by any such alterations, additions governmental or quasi-governmental bodies and improvements (upon completion) certificates of final approval thereof and shall cause any mechanics' lien which attaches deliver promptly duplicates of all such permits, approvals and certificates to Landlord's interest in the Premises , and Tenant agrees to be released promptly after Tenant receives notice carry, and to cause Tenant’s contractors and sub-contractors to carry such workmen’s compensation, general liability, personal and property damage insurance as Landlord may reasonably require. Upon completion of the same without cost to Landlord. Subject to Section 13 belowany Alterations, Tenant shall repair any damage deliver to the Premises arising out Landlord one set of any such alterations, additions “as-built” plans and improvementsspecifications therefor. All such alterationsfixtures and all paneling, additions partitions, and improvements like Alterations (other than Tenant's trade fixturesbut not FF&E Work, modular furniture, equipment and personal property) including therein any racking or railing system installed by Tenant which Tenant shall become Landlord's property and shall remain at the Premises as of remove upon the expiration or earlier termination of the TermLease), installed in the Demised Premises, either by Tenant or by Landlord on Tenant’s behalf, shall become the property of Landlord and shall remain upon and be surrendered with the Demised Premises upon the expiration or earlier termination of the Lease, unless Landlord, by notice to Tenant requests and Landlord agrees given no later than 20 days prior to the Expiration Date of this Lease (or within 20 days after the earlier termination hereof), elects to have them removed by Tenant, in writing otherwise which event, the same (except for, Tenant’s Work, Landlord’s Work, done pursuant to Exhibit D, but including other Alterations [unless at the time of their construction Tenant’s request for approval of installation, Landlord advises Tenant in writing that such Alterations need not be removed upon expiration or installation. Notwithstanding any provision earlier termination of this Lease Lease, and, if after Tenant’s written notice to Landlord to request such determination, if Landlord does not so advise Tenant of the contraryrequirement of removal of all or any of such Alterations, all Tenant shall not be required to remove such Alterations at the expiration or earlier termination of Tenant's this Lease], and furniture, equipmentfixtures and equipment installed by or for Tenant, in connection with Tenant’s occupancy of the Demised Premises) shall be removed from the Demised Premises by Tenant. Nothing in this section shall be construed to give Landlord title to or to prevent Tenant’s removal of trade fixtures, supplies moveable office furniture and personal equipment, but upon removal of any such equipment and fixtures 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 the condition existing prior to installation (subject to ordinary wear and tear) and repair any damage to the Demised Premises or the Property due to such removal. All property located within that was permitted or required to be removed by Tenant at the end of the Term but which remains in the Demised Premises throughout for 10 business days after Tenant vacates the term Demised Premises shall be deemed abandoned and may, at the election of this Lease shall remain the Landlord, either be retained as Landlord’s property of Tenant and or may be removed from the Demised Premises by Tenant Landlord at any timeTenant’s expense.

Appears in 2 contracts

Sources: Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)

Alterations. Tenant shall not make alterations and additions to Tenant’s Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s opinion might adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent, in Landlord’s judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord’s agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any work. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but not including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of (i) $150.00 per hour, plus (ii) third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. Except for any additions or alterations which Tenant requests to remain in the Premises in Tenant’s notice seeking Landlord’s consent for the installation thereof (which notice shall specifically refer to this Section 5.12) and for which Landlord specifically agrees in writing may remain, all alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to comply with Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to provide such rules and regulations relative to the performance of any alterations, additions, improvements and installations by Tenant hereunder and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of any real estate taxes on the Complex which shall, at any time after commencement of the Term, result from any alteration, addition or improvement to the Premises made by Tenant. Tenant acknowledges and agrees that Landlord shall be the owner of any additions, alterations and improvements in the Premises or the Building to the extent paid for by Landlord. Notwithstanding the terms of this Section 5.12, Tenant shall have the right, without obtaining the prior consent of Landlord but upon prior notice to Landlord, to make alterations, additions or improvements to the Premises without Landlord's prior written consentwhere: (i) the same are within the interior of the Premises within the Building, which Landlord and do not affect the exterior of the Premises and the Building (including no signs on windows); (ii) the same do not affect the roof, any structural element of the Building, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Building; (iii) the cost of any individual alteration, addition or improvement shall not unreasonably withholdexceed $30,000.00 and the aggregate cost of said alterations, delay additions or conditionimprovements made by Tenant during the Lease Term shall not exceed $120,000.00 in cost; (iv) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in cost; and provided, however, that Tenant mayshall, at its sole expensewithin fifteen (15) days after the making of such changes, without send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord's prior consent, but on prior by notice to Landlord, make alterations, additions and improvements Tenant given at least thirty (30) days prior to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Lease Term, unless may require Tenant requests and Landlord agrees in writing otherwise to restore the Premises to its condition prior to such alteration, addition or improvement at the time expiration or earlier termination of their construction or installation. Notwithstanding any provision of this the Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeTerm.

Appears in 2 contracts

Sources: Lease Agreement (Flexion Therapeutics Inc), Lease Agreement (Flexion Therapeutics Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval consent shall not be unreasonably withheld, conditioned or delayeddelayed by Landlord. Tenant shall perform any Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay reimburse Landlord for all costs thereof (including construction coordination fees as set forth in EXHIBIT "D-1" if Landlord is coordinating the work or as set forth in EXHIBIT "D-2" if Tenant is coordinating the work), as Rent, within ten (10) days after receipt of a statement. This provision shall not apply to basic, non-material work within the Demised Premises, such as, by way of illustration but not limitation, picture hanging, furniture installation and expenses related to any the rearranging of offices within the Demised Premises, and Tenant may cause such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises tasks to be released promptly after Tenant receives notice performed without the prior consent of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the TermLease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, unless additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant requests shall promptly restore, at its sole cost and Landlord agrees in writing otherwise at expense, the time of their construction or installation. Notwithstanding any provision of this Lease Demised Premises to its condition prior to the contraryinstallation of such alterations, all of Tenant's furniture, equipment, trade fixtures, supplies additions and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant improvements excepting only (i) reasonable wear and may be removed from the Premises by Tenant at any timetear and (ii) casualty damage and condemnation.

Appears in 2 contracts

Sources: Lease Agreement (TSW International Inc), Lease Agreement (Indus International)

Alterations. SECTION 3.1 Tenant shall not make any alterations, additions or improvements to the Premises Tenant Alterations without Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay or conditionApproval in each instance; provided, however, that Tenant's installation, modification or removal of wiring, raised flooring, cages, equipment racks, cable trays and similar ordinary course equipment installation entirely within the Premises shall not be deemed to be Tenant may, at its sole expense, Alterations requiring such Approval provided same can be removed without material damage to the Building (any of the foregoing constituting "Data Center Configuration Work"). L▇▇▇▇▇▇▇'s Approval of Tenant Alterations may be granted or denied in Landlord's prior consentsole discretion. Landlord shall in no event be required to Approve the installation outside the Premises by Tenant of any installations or equipment. SECTION 3.2 The following are the conditions (the "Data Center Configuration Work Approval Conditions") that must be satisfied before any Data Center Configuration Work may be performed, but and as appropriate, during and upon completion of the performance of any Data Center Configuration Work: (a) Tenant shall furnish to Landlord duplicate original policies or certificates of worker's compensation insurance (covering all persons to be employed by Tenant and by all contractors and subcontractors supplying materials or performing work in connection with such Data Center Configuration Work) and commercial general liability (including property damage coverage) insurance and during any construction or Alterations by Tenant or its contractors or employees Builder's Risk coverage (issued on prior notice a completed value basis) or an equivalent coverage reasonably satisfactory to Landlord, make alterationsall in such form, additions with such companies, for such periods and improvements in such amounts as Landlord may reasonably require, naming Landlord and, any Lessor and any Mortgagee as to which Tenant has received the Premises that will not name and address as additional insureds for such liability insurance. (b) All Data Center Configuration Work shall be performed by T▇▇▇▇▇ (i) at Tenant's sole cost more than $20,000 and expense, (ii) in any single instance a good and that will not have a material adverse effect on the heatingworkmanlike manner using new materials of first class quality, ventilating(iii) in compliance with all Legal Requirements and Rules and Regulations, air conditioning(iv) subject to Landlord's inspection, plumbing, electrical, emergency if so requested by Landlord and (v) at hours reasonably Approved by Landlord and otherwise minimizing unreasonable disturbance to other mechanical systems and equipment tenants of the Buildings or on the structure or exterior of the Buildings. Tenant Building. (c) Landlord shall provide detailed drawings Approve, such approval not to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. , the general contractors, construction managers, contractors and subcontractors proposed to be used by Tenant shall perform for Data Center Configuration Work (and if any such alterationsparty employed by or on behalf of Tenant causes any labor disharmony anywhere in the Building then Landlord may require Tenant to immediately discontinue using such party) except that all mechanical and electrical work shall be performed by contractors who are designated by Landlord. (d) Upon completion of any Data Center Configuration Work, additions and improvements in a good and workmanlike manner and in compliance with all applicable lawsTenant, all building codes and all requirements of insurance policies covering the Buildings. Tenant at its expense, shall promptly pay all costs deliver to Landlord an electronic copy of "as-built" plans and expenses related specifications for such Data Center Configuration Work, in the format designated by Landlord. (e) The indemnity of Landlord by Tenant set forth in Article 28 shall extend and apply fully as to any such alterationscosts, additions and improvements and damages, liability, etc., arising directly or indirectly from any Data Center Configuration Work performed by Tenant. SECTION 3.3 If, because of any act or omission of Tenant, its employees, agents, contractors, or subcontractors, any mechanic's lien, notice of commencement, notice of intention to lien, U.C.C. financing statement or other lien, encumbrance, notice, charge or order for the payment of money shall cause be filed against Landlord, or against all or any mechanics' lien which attaches to Landlord's interest in portion of the Premises to be released promptly after Tenant receives notice of or the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements Property (other than Tenant's trade fixturesProperty which under Legal Requirements does not constitute a fixture), modular furnitureTenant shall, equipment at its own cost and personal propertyexpense, cause the same to be discharged of record, by bonding or otherwise, within thirty (30) days after the filing thereof, and Tenant shall become Landlordindemnify, defend and save Landlord harmless against and from all costs, expenses, liabilities, suits, penalties, claims and demands (including reasonable attorneys' fees and disbursements) resulting therefrom. SECTION 3.4 At Tenant's property and request, Landlord shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all review Tenant's initial proposed layout of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within equipment racks to be installed in the Premises throughout the term of this Lease shall remain the property of Tenant based on Tenant's proposed "hot-aisle/cold-aisle" layout and may be removed from the Premises by Tenant at promptly provide any timecomments that Landlord has to such proposed layout.

Appears in 2 contracts

Sources: Lease Agreement (Athenahealth Inc), Lease Agreement (Athenahealth Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) which cost in excess of $10,000.00 per project without Landlord's the prior written consent, consent of Landlord which Landlord shall not unreasonably withhold, delay or condition; provided, however, be reasonably withheld. Tenant may, without the consent of Landlord, but at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions own cost and improvements to the Premises that will not cost more than $20,000 in any single instance expense and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in compliance each case complying with all applicable governmental laws, all building codes ordinances, regulations and all requirements of insurance policies covering the Buildingsother requirements. All alterations, additions, improvements and partitions erected by Tenant shall promptly pay all costs be and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant during the Term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises, provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed from by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant at any timeshall restore the Premises to their original condition. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the primary structure of structural qualities of the buildings and other improvements situated on the Premises.

Appears in 2 contracts

Sources: Lease Agreement (Intracel Corp), Lease Agreement (Intracel Corp)

Alterations. Tenant shall not make any no alterations, additions or improvements to the Premises without Landlord's the prior written consentconsent of Landlord, which and Landlord may impose, as a condition of such consent such requirements as Landlord in its sole discretion may deem reasonable or desirable, including without limiting the generality of the foregoing, requirements as to the manner in which, the time or times at which, and the contractor by whom such work shall be done and requirements that Tenant provide Landlord with labor, material, payment and performance bonds (collectively the "bonds") naming Landlord (and such other persons as Landlord may reasonably request) as insureds under such bonds. Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice have the same rights of review and approval with respect to Landlord, make permitted alterations, additions additions, and improvements to the Premises as described for tenant improvements in Article 7. Tenant covenants and agrees that will not cost more than $20,000 all work done by Tenant shall be performed in any single instance full compliance with all laws, rules, orders, ordinances, directions, regulations and that will not have a material adverse effect on the heatingrequirements of all governmental agencies, ventilatingoffices, air conditioningdepartments, plumbingbureaus and boards having jurisdiction, electricaland in full compliance with rules, emergency orders, directions, regulations and other mechanical systems and equipment requirements of the Buildings Pacific Fire Rating Bureau or on the structure or exterior any other organization performing a similar function. Before commencing any work, Tenant shall give Landlord at least five (5) days' notice of the Buildingsproposed commencement date of such work and shall, if required by Landlord, secure at Tenant's own cost and expense, the bonds, in a form reasonably satisfactory to Landlord, for said work naming Landlord (and such other persons as Landlord may reasonably request) as insureds under the bonds. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any All such alterations, additions and or improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements shall become the property of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements Landlord and shall cause any mechanics' lien which attaches to Landlord's interest in be surrendered with the Premises to be released promptly after Tenant receives notice Premises, as a part thereof, at the end of the same without cost term hereof, except that Landlord may, by notice to Landlord. Subject Tenant given at least thirty (30) days prior to Section 13 belowthe end of the term, require Tenant shall to remove all partitions, counters, railings and the like installed by Tenant and to repair any damage to the Premises arising out of any form such alterationsremoval. Tenant shall make no alteration, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at addition or improvement to the Premises as that can be seen from the exterior of the expiration Building or earlier termination from any common area of the TermBuilding, unless Tenant requests including without limitation window treatments, curtains, and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timebinds.

Appears in 2 contracts

Sources: General Office Lease (Micron Electronics Inc), General Office Lease (Micron Electronics Inc)

Alterations. Tenant shall not make any alterations, additions or improvements alterations to the Premises Premises, including any changes to the existing landscaping, without Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, . Tenant may, at its sole expense, may make non-structural alterations costing less than $50,000 per event without Landlord's consent. Regardless of whether Landlord's consent for alteration is required, Tenant must provide Landlord at least fifteen (15) business days prior consentto the commencement of any alteration with a complete description of each such alteration including any building permit drawing(s) and specifications. Landlord may post notices regarding non-responsibility in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, but on prior notice whether or not subject to the approval of Landlord, make alterationsshall be performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, additions and improvements except that Landlord may, in connection with Tenant's request for Landlord's approval of any such alteration, elect to require Tenant to remove some or all of the alterations which Tenant may have made to the Premises that will not ("REQUIRED REMOVABLES"). If Landlord so elects, Tenant shall at its own cost more than $20,000 restore the Premises to the condition designated by Landlord in its election or pursuant to any single instance and that will not have a material adverse effect on prior approval, before the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment last day of the Buildings or on the structure or exterior Term. Should Landlord consent in writing to Tenant's alteration of the BuildingsPremises, 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 complete such alterations with due diligence in compliance with plans and specifications approved by Landlord (if required). Tenant shall provide detailed drawings to Landlord pay all costs for review such construction and approvalshall keep the Premises free and clear of all mechanics' liens which may result from construction by Tenant. Tenant's property shall include, which approval shall not without limitation, Tenant's furniture, furnishings, business machines and equipment, computer conduits, communications equipment and such other property as may be unreasonably withheld, conditioned or delayedrequired in the conduct of Tenant's business. Tenant shall perform any such alterationshave the right, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering but not the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements obligation (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain except at the Premises as of the expiration or earlier prior termination of the Term), unless Tenant requests and Landlord agrees in writing otherwise at to remove the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant same at any time, to finance the purchase thereof, to grant security interests therein and to otherwise encumber same.

Appears in 2 contracts

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

Alterations. (a) Tenant shall will not make or suffer to be made any alterations, additions or improvements in excess of $5,000.00 excluding the initial Tenant Improvements (collectively “Alterations”) to or upon the Premises, the Building, or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord’s written approval. Tenant will provide Landlord with three detailed drawings of Tenants desired Alterations for approval prior to any Alterations being started. When approved, Landlord will return one copy of the drawings to Tenant with Landlords signature of approval. Any Alterations to or upon the Premises shall be made by Tenant, at Tenant’s sole cost and expense, provided that any architect and or contractor selected by Tenant to make the same shall be subject to Landlord’s reasonable prior written approval. All Alterations which are permanent in character, including wiring for phone, computer, cabling, or other networks, made in or upon the Premises either by Tenant or Landlord, may at the option of Landlord, become Landlord’s property and, at the end of the term or any extension hereof, shall remain on the Premises without Landlord's prior written consentcompensation to Tenant, which unless Landlord request that Tenant remove any such Alterations. Notwithstanding the above, Tenant’s work stations, trade fixtures, furniture, equipment, telecommunications, data and network equipment and switches and other items of personal property brought onto the Premises shall not unreasonably withholdconstitute Alterations hereunder and shall remain Tenant’s property upon the expiration or earlier termination of this Lease. (b) All Alterations shall, delay or condition; providedwhen completed, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice be of such a character as not to Landlord, make alterations, additions and improvements to lessen the value of the Premises that will not cost more than $20,000 in any single instance or such improvements as may be located thereon. Any Alterations shall be made promptly and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner manner, and in compliance with all applicable permits, building and zoning laws, and with all building codes other laws, ordinances, orders, rules, regulations and all requirements of insurance policies covering the Buildingsall applicable federal, state and municipal governments, departments, commissions, boards and offices. Tenant shall promptly pay all The costs and expenses related to of any such alterationsAlterations shall be paid by Tenant, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in such that the Premises be free of liens, for services performed, labor and material supplied or claimed to have been supplied. Before any Alterations shall be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 belowcommenced, Tenant shall repair pay any damage increase in premiums on insurance policies (provided for herein) or ensure adequate coverage is in place for all risks related to the Premises arising out construction of any such alterations, additions such. Alterations and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as increased value of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timePremises.

Appears in 2 contracts

Sources: Commercial Triple Net Lease (Extend Health Inc), Commercial Triple Net Lease (Extend Health Inc)

Alterations. (a) Tenant shall will not make or suffer to be made any alterations, additions additions, fixtures or improvements (in excess of $1,000) to or of the Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's prior written consent, approval which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld. Any alterations, conditioned additions, fixtures or delayedimprovements (except the initial Tenant Improvements) to the Premises consented to by Landlord shall be made by Tenant at Tenant's sole cost and expense, and any contractor selected by Tenant to make the same shall be subject to Landlord's prior written approval. All alterations, additions, fixtures and improvements temporary in character, made in or upon the Premises by Tenant, shall remain the property of Tenant provided that such alterations, additions, fixtures and improvements can be and are removed at the end of the term or any extension hereof without damage to the Premises. However, to the extent that Tenant fails to remove the temporary alterations, additions, fixtures and improvements at the end of the term or any extension hereof, such property shall perform become Landlord's property and remain on the Premises without compensation to Tenant, unless Landlord requests that Tenant remove any such alterations, additions or improvements, excluding Tenant Improvements outlined in Article 2(c) herein. (b) Any alteration, addition, fixture or improvement shall, when completed, be of such a character as not to lessen the value of the Premises or such improvements as may be then located thereon. Any alteration, addition, fixture or improvement shall be made promptly and improvements 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, all building codes ordinances, orders, rules, regulations and all requirements of insurance policies covering the Buildingsall federal, state and municipal governments, departments, commissions, boards and offices. Tenant shall promptly pay all The costs and expenses related to of any such alterationsalteration, additions and improvements and addition, fixture or improvement, excluding Tenant Improvements outlined in Article 2(c) herein, shall cause any mechanics' lien which attaches to Landlord's interest in be paid by Tenant, so that the Premises be free of liens for services performed, labor and material supplied or claimed to have been supplied. Before any alternation, addition, fixture or improvement shall be released promptly after commenced, excluding Tenant receives notice of the same without cost to Landlord. Subject to Section 13 belowImprovements outlined in Article 2 (c) herein, Tenant shall repair any damage to pay the Premises arising out amount of any increase in premiums on insurance policies (provided for herein) on account of endorsements to be made thereon covering the risk during the course of such alterationsalteration, additions addition, fixture or improvement and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as increase value of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timePremises.

Appears in 2 contracts

Sources: Commercial Lease (Advanta Corp), Lease (Advanta Corp)

Alterations. Tenant shall not make any alterations, additions or improvements alterations to the Premises or the Business Park without Landlord's prior written consent, consent which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any If Landlord gives its consent to such alterations, additions Landlord may post notices in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, whether or not subject to the approval of Landlord, shall be performed by Tenant and improvements its contractors in a good and first class workmanlike manner and in compliance permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the upon expiration or earlier termination of this Lease, except that Landlord may, within thirty (30) days before or thirty (30) days after expiration of the Term, unless elect to require Tenant requests and to remove some or all of the alterations which Tenant may have made to the Premises. If Landlord agrees so elects, Tenant shall at its own cost restore the Premises to the condition designated by Landlord in its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in writing otherwise at to Tenant's alteration of the time Premises, Tenant shall contract with a contractor approved by Landlord for the construction of their 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. Tenant shall pay all costs for such construction or installationand shall keep the Premises free and clear of all mechanics' liens which may result from construction by Tenant. Notwithstanding any provision of anything in this Lease to the contrary: a. Tenant shall not be required to remove any improvement or fixture installed by Tenant in, all on or about the Premises pursuant to Tenant's repair obligation under this Lease, and Tenant shall not be required to remove any alterations, improvements, additions or utility installations for which Tenant has obtained Landlord's consent, unless Landlord has indicated, at the time of granting such consent, that such removal will be required. b. Tenant shall be entitled to remove Tenant's furniture, equipment, trade fixtures, supplies fixtures and other personal property located within at the expiration of the term, provided Tenant repairs all damages caused by such removal. c. Tenant shall be entitled to make alterations and utility installations in, on, under or about the Premises throughout without consent of Landlord, so long as the term cost of this Lease shall remain such alteration or utility installation does not (i) exceed the property sum of $2,500; (ii) affect the structural or exterior portions of the Building or adversely affect the Building electrical, plumbing or HVAC systems; or (iii) involve the removal or relocation of any walls. Tenant shall, however, provide Landlord fifteen (15) days prior advance written notice and may be removed from copies of a description of the Premises by Tenant at alteration along with building permit plans(s) and specifications to enable Landlord to post any timedesired notices of non-responsibility.

Appears in 2 contracts

Sources: Lease Agreement (Docent Inc), Lease Agreement (Docent Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's prior written consent. With respect to any alteration, addition or improvement which Landlord shall does not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to affect the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment structure of the Buildings Building, does not affect any of the Building's systems (e.g., mechanical, electrical or on plumbing), does not diminish the structure capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the BuildingsBuilding, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Tenant shall provide detailed drawings to Landlord for review and approval, which approval Landlord's consent shall not be unreasonably withheld, conditioned or delayedwithheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Tenant shall perform any Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay reimburse Landlord for all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to thereof (including a reasonable charge for Landlord's interest in the Premises to be released promptly overhead), as Rent, within ten (10) days after Tenant receives notice receipt of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvementsa statement. All such alterations, additions and improvements (other than except for Tenant's trade fixtures, modular furniture, equipment fixtures and personal propertycomputer and electronic equipment) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the TermLease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless Tenant requests and the removal requirement is specified by Landlord agrees in writing otherwise at the time of their construction or installationinitial approval). Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeSee Special Stipulation No. 39.

Appears in 2 contracts

Sources: Lease Agreement (Healtheon Corp), Lease Agreement (Healtheon Corp)

Alterations. (a) Tenant shall not may make any alterations, additions or improvements (collectively, "Alterations") to the Premises without or install fixtures in the Premises after first obtaining Landlord's prior written consent, which Landlord consent shall not be unreasonably withhold, delay or conditionwithheld; provided, provided however, Tenant maythat it shall be deemed reasonable for Landlord to withhold its consent if: (a) the cost of the work will exceed Two Hundred Fifty Thousand Dollars ($250,000) (b) a building permit will be required; or (c) if there will be any material modifications to any exterior or structural components of the Building or any of the Building's operating systems, at its sole expenseincluding, without Landlord's prior consentlimitation, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems operating systems. Notwithstanding the foregoing, Tenant may make any Alterations which are cosmetic (e.g. minor painting, changes of floor coverings or wall coverings, installation of artwork or decorations, etc.), without Landlord's consent being required, provided such cosmetic alterations do not require a building permit and equipment of do not effect the Buildings or on the structure or exterior of the BuildingsBuilding or the structural or mechanical components of the Building. Upon Tenant's written request for Landlord's consent to certain Alterations pursuant to this Section, Landlord shall have thirty (30) days from the date on which Landlord receives all information reasonably required by Landlord for Landlord's review of said request to provide Tenant with notice of Landlord's consent or withholding of consent to Tenant's request (along with a written description of Landlord's reason(s) for withholding of consent, if applicable). In the event that Landlord elects to and has a right to oversee (or cause to be overseen) Tenant's requested Alteration(s), Landlord shall provide Tenant with notice of such election within said thirty (30) day period. In connection with Tenant's request for Landlord's consent under this Lease, Tenant shall pre-pay to Landlord the sum of Two Hundred Fifty Dollars ($250.00) for Landlord's review of applicable documents and plans. Tenant also shall provide detailed drawings to reimburse Landlord for any third-party costs and expenses incurred or to be incurred by Landlord related to such review and approvalwithin ten (10) days of receipt of Landlord's statement therefor. Furthermore, which approval in the event Landlord may elect to oversee, or cause to be overseen, such Alterations, Landlord shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any entitled to receive a fee for such oversight in an amount equal to three (3%) of the cost of such alterations, additions or improvements. Landlord's review and improvements approval of Tenant's plans and specifications for any work performed for or on behalf of Tenant shall not be deemed to be a representation by Landlord that such plans and specifications comply with applicable insurance requirements, building codes, ordinances, laws or regulations including, without limitation, the provisions of the Americans With Disabilities Act, 42. U.S.C. 12101 et seq. and any governmental regulations with respect thereof (the "ADA") and Title 24 of the California Administrative Code ("Title 24"), and other similar federal, state, and local laws and regulations or that the Alterations are constructed in accordance with such plans and specifications or that such plans and specifications will be adequate for Tenant's use. In no event, however, may the Tenant make any Alterations or install fixtures which, in Landlord's reasonable judgment, might adversely affect the structural components of the Building or Building mechanical, utility or life safety systems. At the time such consent is requested, Tenant shall furnish to Landlord a good description of the proposed work, an estimate of the cost thereof and workmanlike manner such information as shall reasonably be requested by Landlord substantiating Tenant's ability to pay for such work. Landlord, at its sole option, may require as a condition to the granting of such consent to any work costing in excess of Five Hundred Thousand Dollars ($500,000), that Tenant provide to Landlord, at Tenant's sole cost and expense, a lien and completion bond in compliance with all applicable laws, all building codes an amount equal to one and one-half (1-1/2) times any and all requirements estimated costs of insurance policies covering the Buildingsproposed work, to insure Landlord against any liability for mechanics' and materialmen's liens and to insure completion of the work. Before commencing any work, Tenant shall promptly pay all costs give Landlord at least twenty (20) days written notice of the proposed commencement of such work in order to give Landlord an opportunity to prepare, post and expenses related record such notice as may be permitted by law to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to protect Landlord's interest in the Premises and the Building from mechanics' and materialmen's liens. Within a reasonable period following completion of any work for which plans and specifications were required to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 belowobtain a building permit for such work, Tenant shall repair any damage furnish to Landlord "as built" plans showing the changes made to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timePremises.

Appears in 2 contracts

Sources: Office Lease (NBC Internet Inc), Office Lease (Xoom Inc)

Alterations. Tenant shall not make alterations and additions to Tenant's space except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld. However, Landlord's determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises shall be in Landlord's sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Section 3.1) which (a) in Landlord's opinion might adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent, in Landlord's judgment, with alterations satisfying Landlord's standards for new alterations in the Building. Landlord's review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and Insurance Requirements nor deemed a waiver of Tenant's obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall reimburse Landlord for the third party costs and expenses incurred by Landlord to review Tenant's plans and Tenant's work but in no event more than $1,000.00 for each alteration project proposed by Tenant. All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2 except for any additions, alterations, or other improvements which Tenant requests to remain in the Premises in Tenant's notice seeking Landlord's consent (which notice shall specifically refer to this Section 3.6) and for which Landlord specifically agrees in writing may remain in the Premises. All of Tenant's alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord's general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord's general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry workmen's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and commercial general liability insurance or comprehensive general liability insurance with a broad form comprehensive liability endorsement with such limits as Landlord may reasonably require, but in no event less than $2,000,000.00 combined single limit per occurrence on a per location basis (all such insurance to be written in companies approved by Landlord and naming and insuring Landlord and Landlord's managing agent as additional insureds and insuring Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of any real estate taxes on the Complex which shall, at any time after commencement of the Term, result from any alteration, addition or improvement to the Premises made by Tenant. 3.6.1 Notwithstanding the terms of Section 3.6, Tenant shall have the right, without obtaining the prior consent of Landlord, to make alterations, additions or improvements to the Premises without Landlord's prior written consentwhere: (i) the same are within the interior of the Premises within the Building, which Landlord and do not affect the exterior of the Premises and the Building (including no - 27 - signs on the window); (ii) the same do not affect the roof, walls, any structural element of the Building, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Building; (iii) the cost of any individual alteration, addition, or improvement shall not unreasonably withholdexceed $2,500.00 and the aggregate cost of said alterations, delay additions or conditionimprovements made by Tenant during the Lease Term shall not exceed $10,000.00 in cost; and (iv) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in cost; provided, however, that Tenant mayshall, at its sole expensewithin fifteen (15) days after the making of such changes, without send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord's prior consent, but on prior by notice to Landlord, make alterations, additions and improvements Tenant given at least twenty (20) days prior to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Lease Term, unless may require Tenant requests and Landlord agrees in writing otherwise to restore the Premises to its condition prior to such alteration, addition or improvement at the time expiration or earlier termination of their construction or installation. Notwithstanding any provision of this the Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeTerm.

Appears in 2 contracts

Sources: Lease Agreement (Unica Corp), Lease Agreement (Unica Corp)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", and except for Permitted Changes, Tenant shall not make make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval consent shall not be unreasonably withheld, conditioned or delayed. Without Landlord's prior consent, Tenant shall perform any be entitled to make nonstructural alterations and additions which (i) do not adversely affect the plumbing, heating, air conditioning, ventilation, electrical, mechanical and life safety systems of the Demised Premises and the Building (ii) do not materially reduce the overall quality of the leasehold improvements in the Demised Premises below the average level of quality typically found in first-class office buildings in the Buckhead area of Atlanta, Georgia (iii) are not visible from the exterior of the Building (due to unusual lighting of such alterations or additions in close proximity to the Building's exterior windows), and (iv) do not involve a Non-Standard Alteration ("Permitted Changes"). Other than the Permitted Changes, Tenant shall make no alterations in, or additions to, the Demised Premises without first obtaining, in writing, Landlord's consent for such alterations or additions, which consent shall not be unreasonably withheld or conditioned. Any such alterations, additions or improvements to the Demised Premises consented to by Landlord, except for Permitted Changes shall be made by Landlord or under Landlord's supervision for Tenant's account and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay reimburse Landlord for all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to thereof (including a reasonable charge for Landlord's interest in the Premises to be released promptly overhead), as Rent, within twenty (20) days after Tenant receives notice receipt of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvementsa statement. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the TermLease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant, unless Tenant requests and Landlord agrees in writing otherwise to be given, if at all, at the time of their construction or installation. Notwithstanding Landlord consents to such alterations, additions and improvements, to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any provision of this Lease contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the contraryinstallation of such alterations, all of Tenant's furnitureadditions and improvements, equipment, trade fixtures, supplies normal wear and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timetear excepted.

Appears in 2 contracts

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

Alterations. Tenant shall not make any alterations, additions improvements, additions, utility installations or improvements repairs (hereinafter collectively referred to as "Alterations") to the Premises without Landlord's Premises, except in accordance with this Section 4.2 and with the prior written consentconsent of Landlord, which Landlord shall agrees not unreasonably to withhold, condition or delay as to nonstructural Alterations (nonstructural Alterations being those that do not materially, adversely affect the Building's structure, roof, exterior or condition; providedmechanical, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioningelectrical, plumbing, electricallife safety or other Building systems or architectural design, emergency and other mechanical systems and equipment character or use of the Buildings Building or Premises). Without limiting any of the terms hereof, Landlord will not approve any Alterations requiring unusual expense to readapt the Premises to normal office use on lease termination or increasing the cost of construction, insurance or taxes on the structure Building or exterior of Landlord's services to the Buildings. Premises, unless Tenant shall provide detailed drawings first gives assurances or security acceptable to Landlord that such re-adaptation will be made prior to such termination without expense to Landlord and makes provisions acceptable to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayedpayment of such increased cost. All Alterations made by Tenant shall perform any such alterationsbe made in accordance with plans and specifications which have been approved in writing by the Landlord, additions in Landlord's reasonable discretion, pursuant to a duly issued permit, and improvements in accordance with all Laws and Restrictions, the provisions of this Lease and in a good and first-class workmanlike manner using new materials of same or better quality as base building standard materials, free of all liens and encumbrances. All Alterations shall be performed by a contractor or contractors selected by Tenant and approved in writing by Landlord, in Landlord's reasonable discretion. Except for any non-structural Alteration costing less than $10,000.00 (per such Alteration), Tenant shall pay to Landlord a fee equal to the lesser of (i) five percent (5%) of the cost of any such Alterations, or (ii) Landlord's actual costs incurred, to compensate Landlord for the overhead and other costs it incurs in reviewing the plans therefor and in compliance with all applicable lawsmonitoring the construction of the Alterations; in the event any non-structural Alteration costing less than $10,000.00 requires Landlord's specific review or monitoring, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs the reasonable third party cost therefor incurred by Landlord. If, as a result of any Alterations made by Tenant, Landlord is obligated to comply with the Americans With Disabilities Act or any other Laws or Restrictions and expenses related such compliance requires Landlord to make any improvement or Alteration to any such alterationsportion of the Building, additions and improvements and shall cause any mechanics' lien which attaches as a condition to Landlord's interest consent, Landlord shall have the right to require Tenant to pay to Landlord prior to the construction of any Alteration by Tenant, the entire cost of any improvement or alteration Landlord is obligated to complete by such law or regulation. Tenant agrees to obtain or cause its contractor(s) to obtain, prior to the commencement of any work or Alterations, "builder's all risk" insurance in an amount and with such commercially reasonable coverages approved by Landlord and worker's compensation insurance in the statutorily required amount(s) and evidence of all such insurance shall be furnished to Landlord prior to the performance by such contractor(s) or person(s) of any work in respect of the Premises. Landlord shall have the right to stop any work not being performed in conformance with this Lease, and, at its option, but only after notice to Tenant and Tenant fails to promptly remedy such non-conformance, may repair or remove non-conforming work at the expense of Tenant. Tenant hereby indemnifies and holds Landlord harmless from and against any liens, encumbrances and violations of Laws and Restrictions. The filing of any lien or encumbrance, or the violation of Laws or Restrictions, shall constitute a default hereunder. The repair and indemnity obligations of Tenant hereunder, including Tenant's obligations to repay Landlord the cost of repairing or removing Alterations, shall survive the termination of this Lease. All Alterations performed by Tenant in the Premises shall remain therein (unless, at the time of Landlord's consent therefore, Landlord directs Tenant to be released promptly after Tenant receives notice of remove the same without cost on termination or expiration of this Lease) and, at termination or expiration, shall be surrendered as a part thereof, except for Tenant's usual trade fixtures, furniture and equipment installed prior to Landlord. Subject to Section 13 belowor during the Lease term at Tenant's cost, which trade fixtures, furniture and equipment Tenant shall remove in their entirety prior to the termination or expiration of this Lease. Tenant agrees to repair any and all damage to the Premises arising out resulting from such removal (including removal of Tenant's Alterations directed by Landlord) or, if Tenant fails to do so and Landlord so elects, to pay Landlord for the cost of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timerepairs forthwith after billing therefor.

Appears in 1 contract

Sources: Lease (Soundbite Communications Inc)

Alterations. Except as permitted under Section 12, supra, Tenant shall agrees that it will not make any alterationsalterations (whether structural or otherwise), additions improvements, additions, repairs, or improvements changes to the interior or exterior of the Premises during the Term of this Lease without in each instance obtaining Landlord's ’s prior written consent. Together with each request for consent, which Tenant shall present to Landlord shall not unreasonably withholdreasonably detailed plans and specifications for such proposed alterations, delay improvements, additions, repairs or conditionchanges; provided, however, approval of such plans and specifications by Landlord shall not constitute any assumption of responsibility by Landlord for their accuracy of sufficiency, and Tenant mayshall be solely responsible for such items. All alterations, at its sole expenseimprovements, without additions, repairs, or changes shall be done either by or under the direction of Landlord's prior consent, but on prior at the expense of Tenant. All alterations, improvements, additions, repairs, or changes made by Tenant, shall, unless Landlord gives notice to LandlordTenant to remove the same, make alterations, additions and improvements to remain upon the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the TermTerm of this Lease and shall become the Property of Landlord immediately upon installation thereof. The same shall remain the property of Landlord (without any obligation of Landlord to pay compensation therefor) unless Landlord gives Tenant written notice to remove any or all of the aforesaid, unless in which event Tenant requests shall remove at Tenant’s expense such of the same as may be specified in Landlord’s notice to Tenant, and Landlord agrees in writing otherwise Tenant shall promptly restore the Premises to the same good order and condition as it was at the time commencement of their construction the Term of this Lease except (i) to the extent the Premises is not required to be repaired and/or maintained by Tenant and (ii) damage by fire or installationother casualty to the extent there is actually paid to Landlord, to repair any damage to the Premises, sufficient net proceeds for policies of insurance which Tenant is obligated to provide and to maintain under the provisions of this Lease. Should Tenant fail to do so, Landlord may do so, collecting, at Landlord’s option, the cost and expense thereof from Tenant, as Additional Rent, upon demand. Notwithstanding any provision of anything above, in Section 17 or elsewhere in this Lease to the contrary, all Landlord hereby permits Tenant to remove at the end of Tenant's furniturethe lease term, equipmentand as long as Tenant is not then in default or breach of any material provision in this Lease, trade fixturesany non-structural improvements, supplies provided that Tenant and/or any Subtenant shall in each and personal property located within every instance of removal reasonably repair and restore the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeto its functional shell condition.

Appears in 1 contract

Sources: Lease Agreement (Osiris Therapeutics, Inc.)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the Demised Premises of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord, which Landlord shall not unreasonably withhold, delay or condition; provided, howeverand to the provisions of this Article, Tenant mayat Tenant's expense, may make non-structural alterations, installations, additions or improvements which do not affect utility services or plumbing and electrical lines, in or to the interior of the Demised Premises using licensed and reputable contractors or mechanics first approved by Landlord. Tenant shall, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make before making any alterations, additions additions, installations or improvements obtain all permits, approval and improvements to the Premises that will not cost more than $20,000 in certificates required by any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings governmental or on the structure or exterior of the Buildingsquasi-governmental bodies. Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such worker's compensation, general liability, personal and property damage insurance as Landlord may reasonably require. If any mechanic's lien is filed against the Demised Premises or the Building for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this Article, the same shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. discharged by Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly within thirty (30) days after Tenant receives written notice of thereof at Tenant's expense, by filing the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvementsbond required by law or otherwise. All such alterationsfixtures and all paneling, additions partitions, railings and improvements (other than like installations, installed in the Demised Premises at any time, either by Tenant or by Landlord on Tenant's trade fixturesbehalf, modular furnitureshall, equipment and personal property) shall upon installation, become Landlord's the property of Landlord and shall remain at upon and be surrendered with the Demised Premises unless Landlord, by notice to Tenant no later than thirty (30) days prior to the date fixed as of the expiration or earlier termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease same shall remain the property of Tenant and may be removed from the Demised Premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this Article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any timesuch furniture, fixtures and equipment from the Demised Premises or upon removal of other installations as may be permitted hereunder, Tenant shall immediately and at its expense, repair any damage occasioned by such removal. All property permitted to be removed by Tenant at the end of the 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 removed from the Demised Premises by Landlord, at Tenant's expense. In order to prevent mechanic's or materialmen's liens from attaching to the Demised Premises or Building, any contractor ("Contractors") or subcontractor ("Subcontractor") performing work for or at the request of Tenant covenants and agrees to look only to Tenant for payment under the respective contract and to attain that and further covenants and agrees: (a) Not to file or record any contract for work ("Contract") or notice thereof or any notice of intention, lien claim or stop notice in the Office of the County Clerk of New York State of N.Y., or any other place permitted by law. (b) To bind by Contract each subcontractor and each material man with whom any contractor enters into a written contract, not file or record in the office of the County Recorder of New York County, State of N.Y. such contract or notice thereof or any notice of intention, lien claims or stop notice and to make each subcontractor similarly bind in writing each succeeding subordinate subcontractor and/or materialmen with whom a written contract is entered into; (c) The Contractor and any subcontractor ("Subcontractor") will execute and deliver to Landlord a waiver of or release of Mechanic's and/or Materialmen's Liens. The Contractor and Sub-Contractor shall submit Partial Release and Waiver of Lien with all progress payments and said Contractor or Sub-Contractor does hereby waive, release and relinquish any and all claims, demands and rights of liens to the extent of the amount owed for all work, labor, materials, equipment, services done, performed or furnished to that date. (d) Upon completion of all work, the Contractor and Sub-Contractor shall execute a Final Release of Lien with final payment and deliver same to Landlord. (e) Neither progress payments, final payments nor any part of the retained percentage shall become due until the Contractor shall deliver to the Landlord, in the form required by the Landlord, a complete release of all liens arising out of this Contract and an affidavit that so far as he has knowledge or information all the labor and materials have been paid for. If any Subcontractor refuses to furnish a release in full, Contractor shall furnish Landlord with a bond satisfactory to the Landlord, to indemnify it against any lien. If any liens remain unsatisfied after all payments are made, the Contractor shall refund to the Landlord all monies that the latter may be compelled to pay in discharging such a lien, including all costs and reasonable attorney's fees. (f) Anything in the Contract to the contrary notwithstanding it is understood that the Landlord shall not be obliged to make payment on account of any part of the Contract price which is not a proper payment within the meaning and construction of the laws of the State of N.Y. relating to liens. The Contractor agrees that all payments made to materialmen or to the Subcontractors for labor and services shall be accompanied by a direction that the payment shall be applied to account for work or services performed or material supplied in connection with this project.

Appears in 1 contract

Sources: Loft Lease (Sparta Commercial Services, Inc.)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises premises (including but not limited to roof and wall penetrations) without Landlord's the prior written consentconsent of Landlord. Tenant may, which without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery, and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements, and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord shall not unreasonably withholdotherwise elects as hereinafter provided, delay remove all alterations, additions, improvements and partitions erected by Tenant and paid for by Tenant and restore the premises to their original condition by the date of termination of this lease or conditionupon earlier vacating of the premises; provided, however, Tenant maythat if Landlord so elects prior to termination of this lease or upon earlier vacating of premises, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions additions, improvements, and improvements partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering so as not to damage the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice primary structure or structural qualities of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to buildings and other improvements situated on the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timepremises.

Appears in 1 contract

Sources: Lease Agreement (Luminex Corp)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. If Landlord consents to Tenant's contractors doing the work, Landlord may require, at Landlord's prior written consentsole option, that Tenant provide, at Tenant's expense, a lien and completion bond in an amount equal to one, and one half (1-1/2) times any and all estimated costs of improvements, additions or alterations in the Premises to insure Landlord against any liability for mechanic's and materialmen's liens which may arise in accordance with Paragraph 23 of this Lease Agreement and to insure completion of the work. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, equipment, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging the building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord shall not unreasonably withholdotherwise elects as hereinafter provided, delay remove all alterations, additions, improvements, and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or conditionupon earlier vacating of the Premises; provided, however, Tenant may, at its sole expense, without Landlord's that if Landlord so elects prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment termination of this Lease or upon earlier vacating of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approvalPremises, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions additions, improvements, and improvements in a good partitions (other than shelves, bins, equipment, machinery, and workmanlike manner trade fixtures) shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and in compliance shall be delivered up to the Landlord with all applicable lawsthe Premises. All shelves, all building codes bins, equipment, machinery and all requirements trade fixtures installed by Tenant may be removed by Tenant prior to the termination of insurance policies covering this Lease if Tenant so elects, and shall be removed by the Buildingsdate of termination of this Lease or upon earlier vacating of the Premises if required by Landlord. Upon any such removal, Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in restore the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise their original condition which existed at the time of their construction Tenants occupancy, reasonable wear and tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or installationstructural qualities of the building and other improvements situated on the Premises. Notwithstanding any provision of It is understood that building sprinkler systems are not required by law or ordinance at this Lease to the contrarytime; however, all of Tenantif such a system is required by ordinance or building code, it will be installed at Landlord's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeexpense.

Appears in 1 contract

Sources: Lease Agreement (Industrial Data Systems Corp)

Alterations. Tenant shall in no event make or permit to be made any alteration, modification, substitution or other change of any nature to the structural, mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Premises. After completion of the Tenant Improvements within the Premises, Tenant shall not make or permit any other improvements, alterations, additions fixed decorations, substitutions or improvements modifications, structural or otherwise, to the Premises or the Building (“Alterations”) without Landlord's the prior written consent, which approval by Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions of complete plans and improvements to the Premises that will not cost more than $20,000 in any single instance specifications prepared and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approvalsubmitted by Tenant, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant Landlord’s approval shall perform any such alterationsinclude the conditions under which acceptable Alterations may be made. Landlord’s approval of the plans, additions specifications and improvements in a good and workmanlike manner and in working drawings for Tenant’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all applicable laws, all building codes rules and regulations of governmental agencies or authorities. Alterations shall include, but not be limited to, the installation or modification of carpeting, walls, partitions, counters, doors, shelves, lighting fixtures, hardware, locks, ceiling, window and wall coverings; but shall not include the initial Tenant Improvements initially placed within the Premises pursuant to Section 5. All Alterations may be made by Tenant’s contractor (as reasonably approved by Landlord) at Tenant’s sole cost and only after Tenant has obtained any necessary permits from governmental authorities for the Alterations. If Tenant makes any Alterations without the prior consent of Landlord, then, in addition to Landlord’s other remedies, Landlord may correct or remove such Alterations and Tenant shall, on demand, pay the cost thereof (plus ten percent [10%] of such cost as a construction management fee) as Additional Rent. If any mechanic’s lien is filed against the Premises or the Building for work or materials furnished to Tenant (other than by Landlord) the lien shall be discharged by Tenant within twenty (20) days thereafter, solely at Tenant’s expense, by either paying off or bonding the lien. Should Tenant fail to discharge any lien within twenty (20) days of its filing, then, in addition to Landlord’s other remedies, Landlord shall have the right, but not the obligation, to discharge said lien at Tenant’s expense. Notwithstanding the terms of this Section 12.1 to the contrary, Tenant may install a generator and fuel supply (the “Generator”) in the location approved by Landlord near the Building and subject to Landlord’s prior approval of complete plans and specifications for the Generator, such approval to not be unreasonably withheld, conditioned or delayed. The Generator shall be deemed to be Tenant’s Personal Property, and Tenant shall cause the Generator (and all requirements equipment associated therewith) to be removed at the expiration or earlier termination of insurance policies covering the Buildingsthis Lease. Tenant shall promptly pay obtain and exhibit to Landlord at Landlord’s request copies of all costs requisite approvals and expenses related permits with respect to the Generator, including, to the extent required, building permits and any such alterations, additions architectural approvals required under restrictive covenants applicable to the Building and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to LandlordCenter. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out Property caused by the removal of any the Generator and such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at restore the Premises Property to the same condition as existed prior to the installation of the expiration or earlier termination of Generator and the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any time.

Appears in 1 contract

Sources: Standard Office Lease Agreement (Costar Group Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, without Landlord's limitation, the roof and wall penetrations) without the prior written consent, consent of Landlord which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval consent shall not be unreasonably withheld, conditioned or delayed. Tenant If Landlord shall perform consent to any such alterations, additions and or improvements proposed by Tenant, Tenant shall construct the same in a good and workmanlike manner and in compliance accordance with all applicable governmental laws, all building codes ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies covering and only in accordance with plans and specifications approved by Landlord. At the Buildings. Tenant shall promptly pay all costs and expenses related time Landlord consents to any such alterations, additions and or improvements and Landlord shall cause any mechanics' lien which attaches advise Tenant whether Tenant is required to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any remove such alterations, additions or improvements prior to the termination of the Lease. If Landlord does not so advise Tenant, then Tenant shall not be required to remove such items. Tenant may, without the consent of Landlord, but at its own cost and improvementsexpense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in such case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such alterationsremoval Tenant shall restore the Premises to their original primary structure or structural quality of the Building. Tenant may, additions at its own cost and improvements (other than expense, without Landlord's consent, install, replace or remove any of Tenant's trade fixtures, modular furniture, demountable partitions and equipment (all hereinafter referred to as "Trade Fixtures"). Any or all such Trade Fixtures shall be and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant Tenant, and may may, at Tenant's option and expense, be removed from by the Premises by Tenant at any timetime during the term of the Lease or at the lease expiration date. Tenant shall be liable for damages to the Premises caused by Tenant's removal of its Trade Fixtures.

Appears in 1 contract

Sources: Sublease (Exult Inc)

Alterations. (a) Except as set forth on Exhibit E to this Lease wherein Landlord conceptually agrees to such alterations subjects to Landlord’s approval of plans and specifications for the same which to date have not been delivered to Landlord, Tenant shall not not, without Landlord's prior written approval, make any alterations, additions or improvements to the Premises Premises, whether interior or exterior, including without limitation the installation of lighting fixtures, space heaters, air conditioning, electrical equipment, power panels, plumbing, ducts, carpeting or window coverings (collectively, "Alterations"), provided that Tenant may install such trade fixtures as are reasonably appropriate if (i) such items do not alter the basic character of the Building; or overload or damage the same; (ii) such items may be removed without injury to the Premises; and (iii) the alterations, additions or improvements are made in compliance with all Requirements, as herein defined and with Landlord's prior written consent, which specifications and requirements. Landlord shall respond to such request within thirty (30) calendar days after Landlord’s receipt of all of the requirements set froth herein and Landlord shall not unreasonably withholdwithhold its consent to any Alterations which (i) such items do not alter the basic character of the Building; or overload or damage the same; (ii) such items may be removed without injury to the Premises; (iii) do not affect the structure or building systems, delay or condition; provided, however, (iv) Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice provides Landlord with a performance bond in favor of Landlord to Landlord, make guaranty the full payment for such Alterations and (v) the alterations, additions or improvements are made in compliance with all Requirements, as herein defined and with Landlord's specifications and requirements. Landlord may require that Tenant remove any or all Alterations in a good and workmanlike manner so as not to cause any damage to the Premises and/or Building at the termination of this Lease and that Tenant restore the Premises to its condition prior to installation of the Alteration. Unless Landlord requires their removal, all Alterations shall become the property of Landlord and remain upon the Premises at the expiration or sooner termination of this Lease. Landlord’s consent to any such Alteration shall not be construed to mean that such Alterations are in compliance with all Requirements, as herein defined. If Tenant makes any Alterations without the prior written approval of Landlord, Landlord may require that Tenant remove any or all of the same at any time. Prior to Tenant making final payment to contractors, Tenant shall deliver to Landlord: 1. Full and unconditional lien waivers from all Tenant contractors, subcontractors and suppliers and 2. Two blue line sets of clear, definable and comprehensive as-built drawings. (a) but subject to Landlord’s approval of the plans and specifications of such Alteration set forth in Exhibit E which consent is subject to the terms of 6 (a), Tenant shall have the right to make the improvements to the Premises that will not cost more than $20,000 set forth on Exhibit E hereto, subject to the requirements regarding lien waivers in Section 6(a) and the provisions of Section 6(b) through (d), Section 9(b) herein and subject to the terms and conditions of this Lease. (b) Tenant shall make any single instance Alterations in a good and that will not have a material adverse effect on the heatingworkmanlike manner, ventilating, air conditioning, plumbing, electrical, emergency in accordance with all applicable laws and such other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildingsrequirements as Landlord may impose. Tenant shall provide detailed drawings to Landlord obtain all licenses and permits required for review and approval, which approval shall not be unreasonably withheld, conditioned any Alterations or delayedrepairs by Tenant. Tenant shall perform remove any such alterations, additions Alterations required to be removed hereunder and improvements restore the Premises in a good and workmanlike manner and in compliance accordance with all applicable lawsRequirements, all building codes as herein defined, including but not limited to applicable state, federal and all local law and such other requirements of insurance policies covering the Buildings. as Landlord and any governmental or quasi-governmental agency may impose. (c) Tenant shall promptly pay and discharge all costs and expenses related claims for services, supplies, labor or materials furnished or alleged to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches have been furnished to Landlord's interest or for Tenant at or for use in the Premises Premises. (d) If Tenant shall fail to remove such Alterations as required herein, Landlord may keep and use them or remove any of them and cause them to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 belowstored or sold in accordance with applicable law, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than at Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any time’s sole expense.

Appears in 1 contract

Sources: Lease Agreement (Bioveris Corp)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the Premises of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord, which Landlord shall not unreasonably withhold, delay or condition; provided, howeverand to the provisions of this Article, Tenant may, at its sole Tenant's expense, without Landlord's prior consent, but on prior notice to Landlord, may make alterations, installations, additions or improvements ("Alterations") which are non-structural and improvements which do not affect utility services or plumbing and electrical lines, in or to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment interior of the Buildings Premises by using contractors or on the structure or exterior mechanics from Landlord's approved list of the Buildingscontractors. Tenant agrees that all Alterations shall provide detailed drawings to Landlord be performed by Tenant in accordance with Landlord's Uniform Rules and Regulations for review and approval, which approval shall not be unreasonably withheld, conditioned or delayedAlterations. Tenant agrees to use Landlord's approved engineer for the Building for the preparation of all construction documents and drawings pertaining to any Alterations and to use Landlord's architect to file all plans with and obtain all required permits from appropriate governmental authorities. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall perform remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expiration of this Lease, at Tenant's expense. Nothing in this article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements items from the premises or upon removal of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to other installations as may be required by Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the Premises arising out of any or the building due to such alterations, additions and improvementsremoval. All such alterations, additions and improvements (other than property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant's trade fixturesremoval shall be deemed abandoned and may, modular furnitureat the election of Landlord, equipment and personal property) shall become either be retained as Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises premises by Landlord at Tenant's expense. Tenant shall, before making any Alterations, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such workmen's compensation, general liability, personal and property damage insurance as Landlord may require. If any mechanic's lien is filed against the Premises, or the Building for work claimed to have been done for, or materials furnished to, Tenant, whether or not pursuant to this Article, the same shall be discharged by Tenant within ten days thereafter, at any timeTenant's expense, by filing the bond required by law.

Appears in 1 contract

Sources: Lease Agreement (Techsys Inc)

Alterations. Except as permitted under Section 12, supra, Tenant shall agrees that it will not make any alterationsalterations (whether structural or otherwise), additions improvements, additions, repairs, or improvements changes to the interior or exterior of the Premises during the Term of this Lease without in each instance obtaining Landlord's prior written consent. Together with each request for consent, which Tenant shall present to Landlord shall not unreasonably withholdreasonably detailed plans and specifications for such proposed alterations, delay improvements, additions, repairs or conditionchanges; provided, however, approval of such plans and specifications by Landlord shall not constitute any assumption of responsibility by Landlord for their accuracy of sufficiency, and Tenant mayshall be solely responsible for such items. All alterations, at its sole expenseimprovements, without additions, repairs, or changes shall be done either by or under the direction of Landlord's prior consent, but on prior at the expense of Tenant. All alterations, improvements, additions, repairs, or changes made by Tenant, shall, unless Landlord gives notice to LandlordTenant to remove the same, make alterations, additions and improvements to remain upon the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the TermTerm of this Lease and shall become the Property of Landlord immediately upon installation thereof. The same shall remain the property of Landlord (without any obligation of Landlord to pay compensation therefor) unless Landlord gives Tenant written notice to remove any or all of the aforesaid, unless in which event Tenant requests shall remove at Tenant's expense such of the same as may be specified in Landlord's notice to Tenant, and Landlord agrees in writing otherwise Tenant shall promptly restore the Premises to the same good order and condition as it was at the time commencement of their construction the Term of this Lease except (i) to the extent the Premises is not required to be repaired and/or maintained by Tenant and (ii) damage by fire or installationother casualty to the extent there is actually paid to Landlord, to repair any damage to the Premises, sufficient net proceeds for policies of insurance which Tenant is obligated to provide and to maintain under the provisions of this Lease. Should Tenant fail to do so, Landlord may do so, collecting, at Landlord's option, the cost and expense thereof from Tenant, as Additional Rent, upon demand. Notwithstanding any provision of anything above, in Section 17 or elsewhere in this Lease to the contrary, all Landlord hereby permits Tenant to remove at the end of Tenant's furniturethe lease term, equipmentand as long as Tenant is not then in default or breach of any material provision in this Lease, trade fixturesany non-structural improvements, supplies provided that Tenant and/or any Subtenant shall in each and personal property located within every instance of removal reasonably repair and restore the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeto its functional shell condition.

Appears in 1 contract

Sources: Lease Agreement (Osiris Therapeutics Inc)

Alterations. Tenant shall not make any No alterations, improvements or additions in or improvements to the Premises may be made without Landlord's prior written consent, which Landlord shall not be unreasonably withhold, delay withheld or conditiondelayed; provided, however, Tenant maythat Landlord may withhold its consent, at in its sole expensediscretion, without Landlordto any alteration or addition that would affect the Building's prior consenthistoric tax credits, but on prior notice to Landlordstructure or appearance, make alterations, additions and improvements to or the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioningBuilding's HVAC, plumbing, electrical, emergency mechanical or life safety systems or that would be visible from outside of the Premises. Without limiting the foregoing, Landlord shall have the right designate and approve, prior to installation, all types of signs, window shades, blinds, drapes, awnings, window ventilators and other mechanical systems similar equipment, and equipment of to control all internal lighting and signs that may be visible from the Buildings or on the structure or exterior of the BuildingsBuilding. All alterations, additions, or improvements (whether temporary or permanent in character, and including all air-conditioning equipment and all other equipment that is in any manner connected to the Building's plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property once installed or affixed to the Premises and shall remain on the Premises at the end of the Term (unless Landlord requires removal of same) without compensation to Tenant. All work performed by Tenant shall be subject to the provisions of Section 12 of this Lease and shall be performed at Tenant’s sole cost. Notwithstanding the foregoing, Tenant shall have the right to install signage on the third floor windows in the Premises and the Premises doors. Tenant shall be included as part of the ground floor building directory and Landlord will provide detailed drawings directional signage to Landlord for review the Premises off the 3rd floor elevator. All signage must conform with NPS and SHPO historic restoration guidelines and all applicable state, county and municipal codes, rules and regulations and subject to Landlord’s prior reasonable approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with be responsible for all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs cost and expenses related to any such alterationsassociated with licensing, additions permitting, creating, installing, maintaining and improvements and shall cause any mechanics' lien which attaches to Landlord's interest removing the signage outlined in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to this Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any time10.

Appears in 1 contract

Sources: Lease Agreement

Alterations. 6.1 Tenant shall not make any alterations, additions improvements or improvements changes to the Premises Premises, other than the Tenant Improvements (“Alterations”), without Landlord's ’s prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval consent shall not be unreasonably withheld, conditioned or delayed, which consent shall be given by Landlord if at all, within five (5) business days after Landlord’s receipt of Tenant’s request to make such Alterations and all other information required to be submitted to Landlord pursuant to this Section 6. Any such Alterations shall be completed by Tenant shall perform any such alterationsat Tenant’s sole cost and expense: (i) with due diligence, additions and improvements in a good and workmanlike manner and manner, using new materials: (ii) in compliance with plans and specifications reasonably approved by Landlord: (iii) in compliance with the construction rules and regulations reasonably promulgated by Landlord from time to time: and (iv) in accordance with all applicable lawsLaws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work). Landlord shall notify Tenant in writing at the time that Landlord consents to the Alterations, or, if no consent is required, within ten (10) days after Tenant’s written request, as to whether Tenant must remove the Alterations at the end of the Term: provided, however, that Tenant shall not be required to remove any general office improvements but shall remove and repair to its original state, all building codes high density filing systems, server rooms, computer mainframes, libraries, telecom nodes, satellite dishes and signs erected with Landlord’s approval under this Lease. Landlord hereby agrees to notify Tenant as part of Landlord’s review of Tenant’s Final Construction Documents whether or not any of the tenant improvements to the Premises which Tenant will be making will be required to be removed by Tenant pursuant to this Section 6.1, provided, however, that Landlord may not require Tenant to remove the partitions, doors or other vertical elements of offices, conference rooms, break rooms, copy rooms and other general purpose office rooms, or other standard general-purpose office improvements. Landlord will consent to a space plan characterized by a high-density of private offices similar to Tenant’s preliminary plans attached hereto as Exhibit G. Notwithstanding anything to the contrary contained in this Section, Tenant shall have the right, without Landlord’s consent, to make non-structural alterations, additions or improvements that to not affect the Building Structure, Building Systems (except for Building Systems included in Tenant Improvements), the HVAC, or the Common Areas or exterior of the Building to the extent the cost of any particular alteration, addition or improvement costs less than Two Hundred Thousand Dollars ($200,000.00), excluding carpet and paint. If any work outside the Premises or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors reasonably approved by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. NO approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord. 6.2 Before making any Alterations which require Landlord’s consent, Tenant shall submit to Landlord for Landlord’s prior approval schematic drawings of the work to be performed, and the name of the contractor and all requirements subcontractors proposed by Tenant to make the Alterations. Tenant shall reimburse Landlord within 30 days of insurance policies covering receipt of a written invoice for all reasonable and actual out-of-pocket expenses incurred by Landlord in connection with any Alterations made by Tenant, including actual and reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the Buildingsexisting as-built plans and specifications of the Building to reflect the Alterations, not to exceed Five Thousand Dollars ($5,000.00). Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations. 6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) business days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord in connection therewith shall be payable by Tenant within 30 days after receipt of written invoice with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2-Interest). Tenant shall give Landlord at least ten (10) days notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith. 6.4 Subject to the provisions of Section 5- Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become and integral part of the Premises or the Building. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out or the Building caused by any installation or removal of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeTrade Fixtures.

Appears in 1 contract

Sources: Sub Sublease Agreement (Enernoc Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises without Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may(A) Lessor, at its Lessor's sole expense, without Landlord's prior consent, but on prior notice to Landlord, shall make alterations, additions and improvements the renovations to the Metro Level Demised Premises that will not cost more than $20,000 described in the space plans and specifications attached hereto as Exhibit A ("Preliminary Drawing and Specifications") (the "Renovations"). Lessor's obligations shall include without limitation, any single instance and that will not have a material adverse effect on all costs associated with the heatingdesign or construction of the Renovations, ventilatingincluding the costs of permits and licenses and construction management fees, air conditioning, plumbing, electrical, emergency and other mechanical life safety systems and equipment 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 Buildings or on Renovations, and included in the structure or exterior 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 BuildingsRenovations shall equal approximately $45,000. Tenant Notwithstanding such estimate, Lessor agrees that it shall provide detailed drawings be solely responsible for any costs to Landlord for review perform and approval, which approval shall not be unreasonably withheld, conditioned or delayedcomplete 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. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest Notwithstanding anything contained in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all Lessor shall maintain and repair the HVAC system in the Metro Level Demised Premises, but only to the extent such maintenance and repair is not covered by the service contract required to be obtained by Lessee for such system pursuant to the Lease. (B) All Renovations shall be performed by a general contractor selected by Lessor in Lessor's discretion ("Lessor's General Contractor"), shall consist solely of Tenant's furniture, equipment, trade fixtures, supplies new materials and personal property located within the Premises throughout the term shall be of this Lease good quality and workmanship. The Renovations shall remain the property of Tenant be purchased and may be removed from the Premises installed by Tenant at any time.Lessor

Appears in 1 contract

Sources: Retail Lease (Century Bancshares Inc)

Alterations. Tenant Sublessee shall not make any changes, alterations, additions or improvements to the Sublet Premises without Landlord's prior first obtaining the written consent, which consent of the Underlying Landlord shall not unreasonably withhold, delay or conditionand Sublessor; provided, however, Tenant maythat Sublessor's consent shall not be required if the written consent of the Underlying Landlord is first obtained, at its sole expenseand Sublessee assumes all responsibility for restoration relating to any such changes, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements or improvements, as set forth below. If Sublessee's alterations are permitted or consented to as aforesaid, Sublessee shall comply with all of the covenants of Sublessor contained in the Underlying Lease pertaining to the Premises that will not cost more than $20,000 performance of such alterations. In addition, Sublessee hereby expressly assumes all responsibility for any and all removal or restoration obligations in connection with Sublessee's alterations, and Sublessee agrees to indemnify, defend and hold Sublessor harmless from any single instance and that will not have a material adverse effect on the heatingall loss, ventilatingcost, air conditioningand expense (including, plumbingwithout limitation, electrical, emergency reasonable attorneys' fees) incurred by Sublessor and other mechanical systems and equipment arising out of the Buildings or on performance of Sublessee's alterations. Simultaneously with the structure or exterior submission of any documents to the BuildingsUnderlying Landlord relating to alterations to the Sublet Premises, Sublessee shall send copies of all such documents to Sublessor. Tenant Sublessee shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related relating to any such changes, alterations, additions and or improvements and shall cause same to be completed in accordance with law and the terms, covenants, conditions, provisions and agreements of the Underlying Lease. Sublessee hereby agrees to indemnify, defend and hold Sublessor harmless from any mechanics' lien which attaches and all loss, cost and expense (including, without limitation, reasonable attorneys fees) incurred by Sublessor as a result of Sublessee's failure to Landlordcomply with the aforesaid terms, covenants, conditions, provisions or agreements. In the event that any of Sublessee's interest alterations result in the Premises Underlying Landlord charging an administrative fee pursuant to be released promptly after Tenant receives Section 5.6 of the Underlying Lease, Sublessee shall pay the full amount of such fee to Sublessor within ten (10) days of receiving written notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timesame.

Appears in 1 contract

Sources: Sublease Agreement (Greenhill & Co Inc)

Alterations. (a) Tenant shall not make or allow any alterations, additions additions, or improvements to the Premises without Landlord's prior written consentor any part of the Premises (collectively, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense"Alterations"), without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld. Consent, however, may be conditioned upon the receipt by, and approval of, Landlord of a set of plans and specifications for the alterations no later than thirty (30) days prior to the scheduled construction of the alterations as well as the use by Tenant of a contractor or delayedcontractors acceptable to Landlord. The installation of furnishings, fixtures, equipment, or decorative improvements, none of which shall affect operating systems or the structure of the Premises shall not constitute "Alterations." All Alterations and any furnishings, fixtures, equipment, or decorative improvements remaining on the Premises after the termination or earlier expiration of this Lease shall immediately become Landlord's property and, at the termination or earlier expiration of this Lease, shall remain on the Premises without compensation to Tenant. Tenant shall perform agrees upon notice ▇▇▇▇ Landlord to remove, at Tenant's sole cost and expense, any and all Alterations, furnishings, fixtures, equipment, or decorative improvements (other than floors, walls, suspended ceilings and structural walls) installed by or on behalf of Tenant prior to the termination or earlier expiration of this Lease. In the event that Landlord requires Tenant to remove any such Alterations, furnishings, fixtures, equipment, or decorative improvements and Tenant fails to cause such removal on or prior to the termination or other earlier expiration of this Lease, such failure shall be deemed a holdover under Section 13(b) of this Lease, and in addition to any other damages owing Landlord under this Section, Tenant shall owe Holdover Rent (as hereinafter defined) for each and every day of such failure. All improvements, additions, alterations, additions and improvements repairs and the removal and restoration thereof, if required under this Lease, shall be performed in a good and workmanlike manner and in compliance accordance with all applicable laws, all building codes laws and all requirements of insurance policies covering the Buildingsat Tenant's sole expense. Tenant shall promptly pay will indemnify and ▇▇▇▇▇d Landlord for all costs and expenses related to any such liens, claims, or damages caused by remodeling, improvements, additions, alterations, additions and improvements repairs and the removal and restoration thereof, if required under this Lease. Landlord agrees, when req▇▇▇▇▇▇ ▇y Tenant, to execute and de▇▇▇▇▇ any applications, consents, or other instruments reasonably required to permit Tenant to do this work or to obtain permits for the work. (b) Before any contract or subcontract is let or other agreement executed for the performance of any service, or the furnishing of any materials, and before any work of any kind or nature is commenced upon the construction of Alterations, Tenant will procure and deliver to Landlord a completion bond and a payment bond, both in form and substance satisfactory to Landlord issued by reputable surety corporations or bonding corporations qualified to do business in California, guaranteeing or otherwise assuring Landlord that the construction of the Alterations will proceed to completion with due diligence, that the reconstruction, when completed, will be fully paid for, and that the Premises will remain free of all mechanics', laborers' or materialmen's liens or claimed liens on account of any services or materials furnished or labor or work performed in connection with the construction of the Alterations. (c) At least ten (10) days before any construction commences or materials are delivered for any alterations that Tenant is making to the Premises, whether or not Landlord's consent is required, Tenant shall cause give written notice to Landlord as to when the construction is to commence or the materials are to be delivered. Landlord shall then have the right to post and maintain on the Premises any mechanics' lien which attaches notices that are required to protect Landlord and Landlord's interest in th▇ ▇▇▇▇▇▇es from any liens for work and labor performed or materials furnished in making the alterations; provided, however, that it shall be Tenant's duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises by or on behalf of Tenant. In the event that Tenant fails to provide Landlord with the notice required by this Section 11(b), Landlord shall have the right to cause the cessation of such construction and shall have the further right to file notices of cessation and/or completion, so as to allow the Premises to be released promptly after protected from mechanic's liens. Tenant receives notice of the same without cost hereby irrevocably appoints Landlord its attorney-in-fact which appointment is coupled with an interest to Landlord. Subject cause such cessation and to Section 13 belowfile such notices. (d) Tenant will not at any time permit any mechanics', Tenant shall repair any damage laborers', or materialmen's liens to stand against the Premises arising out for any labor or material furnished to Tenant or claimed to have been furnished to Tenant or Tenant's agents, contractors, or subtenants, in connection with work of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration character performed or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease claimed to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from have been performed on the Premises by or at the direction or sufferance of Tenant; provided, however, that Tenant shall have the right to contest the validity or amount of any lien or claimed lien, upon giving to Landlord a bond assuring that the lien or claimed lien will be paid, when and to the extent that the lien is finally determined to be valid and owing. On final determination of the lien or claim of lien, Tenant will immediately p▇▇ ▇▇▇ final judgment rendered, with all property costs and charges, and shall have the lien released or judgment satisfied at Tenant's sole expense. If ▇▇▇▇▇t fails to pay the judgment promptly or otherwise fails to prevent any timesale, foreclosure, or forfeiture of the Premises because of a lien, Landlord shall have the right, upon five (5) days' written notice to Tenant, to pay or prevent this action, and the amount paid by Landlord shall be immediately due and payable to Landlord, and shall bear interest at the lesser of ten percent (10%) per annum or the highest rate allowed by law from the date of payment by Landlord until repayment by Tenant.

Appears in 1 contract

Sources: Office Lease (Regan Holding Corp)

Alterations. A. Tenant shall not make any alterations, additions or improvements to the Premises without Landlord's the prior written consent, which consent of Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, without Landlord’s consent, make alterations which are non-structural in character, do not affect the Building systems, and the cost of which does not exceed $10,000.00 during the Term of this Lease (“Permitted Non-Structural Alterations”). Tenant, at its sole own cost and expense, may erect such shelves, racks, bins, machinery and trade fixtures as it desires. Notwithstanding the foregoing, the installation of such shelves, racks, bins, machinery, trade fixtures and Permitted Non-Structural Alterations shall be subject to the conditions that: (i) such items do not alter the basic character of the Premises or the Building and/or improvements of which the Premises are a part; (ii) such items do not overload or damage the Premises, the Building or such improvements; (iii) such items may be removed without injury to the Premises; and (iv) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's prior consent, but on prior notice to Landlord, make ’s specifications and requirements. All alterations, additions additions, improvements and improvements partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All Permitted Non-Structural Alterations, shelves, racks, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating of the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heatingby Tenant, ventilatingat which time, air conditioningsubject to Paragraph 11, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings restore the Premises to Landlord for review their original condition, reasonable wear and approvaltear excepted; notwithstanding the foregoing, which approval Tenant shall not be unreasonably withheldrequired to remove (i) any Permitted Non-Structural Alterations, conditioned or delayedif prior to installation, Tenant obtains Landlord’s express written consent for such alterations to remain after termination; and (ii) the skylights and associated ductwork shown on the Plans (as defined in Exhibit “C”), if, prior to lease termination, Landlord provides Tenant with express, written consent to leave such in place. Tenant shall perform any such All alterations, additions installations, removals and improvements restoration 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 in compliance with all applicable lawsother improvements situated on the Premises or of which the Premises are a part. Notwithstanding anything to the contrary contained herein, all building codes it is agreed that the use of and all requirements access to the roof of insurance policies covering the BuildingsBuilding is expressly reserved to Landlord and is expressly denied to Tenant. Tenant shall promptly pay all costs and expenses related to not penetrate the roof of the Building in any such manner, nor install or construct any alterations, additions and or improvements and shall cause thereon, nor otherwise use or occupy the roof at any mechanics' lien time during the Term hereof, without the Landlord’s prior written consent, which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from withheld in Landlord’s sole discretion. ▇. ▇▇▇▇▇▇ and AIL Investment, L.P., an affiliate of Landlord, have entered into that certain License Agreement dated on or about the Premises date hereof (“Solar License”), regarding Tenant’s right to install and operate a solar photovoltaic system on property situated near the Building. Any default by Tenant at any timeunder that Solar License shall be an Event of Default hereunder.

Appears in 1 contract

Sources: Lease Agreement (Worldwater & Solar Technologies Corp.)

Alterations. Tenant shall not make any no structural alterations, additions or improvements to the Premises without the express prior written consent of Landlord which consent shall not be unreasonably withheld or delayed, except that Tenant may alter any wall that is not of a load-bearing nature without the consent of Landlord so long as Tenant gives notice to Landlord of its intent to do so no less than twenty (20) days prior to such alteration. Alterations, additions and improvements shall be Tenant's property during the Term of this Lease. Tenant may make non-structural changes and modifications to the Premises without Landlord's prior approval. In the event Landlord has not responded to Tenant's written request for alterations within twenty (20) days of when received, such alteration shall be deemed to have been approved by Landlord. Tenant agrees to save Landlord harmless on account of any claim or lien of mechanics, materialmen or other party, in connection with any alterations, additions or improvements of or to the Premises performed by Tenant. Tenant shall furnish such waivers of liens and appropriate affidavits from the general contractor or subcontractors as Landlord may reasonably request. Notwithstanding the foregoing, Tenant shall also be entitled to make the following changes without necessity of Landlord's consent: (i) any alterations required to be made by it pursuant to governmental orders, which Landlord rules, laws, regulations, ordinances or requirements, and (ii) any changes in its signage; or, (iii) those changes recommended or required by the automobile manufacturer whose automobiles are sold on the Premises. Tenant shall not unreasonably withhold, delay have the right to finance any alterations or conditionimprovements permitted hereunder and may pledge its interest in this Lease as security therefor; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements that any liens granted in connection with such financings shall be subordinate to the Premises that will not cost more than $20,000 in rights of Landlord under this Lease. In the event Tenant grants a Deed of Trust or other security interest with respect to its leasehold estate hereunder, Landlord agrees to give the holder of such interest notice of any single instance default by Tenant and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings allow such holder thirty (30) days to cure such default or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings exercise rights to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlordacquire Tenant's interest in the Premises this Lease or cause another to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than acquire Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as interest in this Lease before Landlord exercises its rights upon default of the expiration Tenant under Sections 17 or earlier termination of the Term, unless Tenant requests 18 hereof and Landlord agrees in writing otherwise at will not treat the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all transfer of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within rights hereunder as a result of such action as a transfer or assignment requiring Landlord's consent under Section 15 of the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeLease.

Appears in 1 contract

Sources: Lease Agreement (United Auto Group Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises premises (including but not limited to roof and wall penetrations) without Landlord's the prior written consentconsent of Landlord, which Landlord consent shall not be unreasonably withholdwithheld or delayed. Tenant may, delay without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery, and trade fixtures as it may deem advisable, without altering the basic character of the building or conditionimprovements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this Lease or upon earlier vacating of the premises; provided, however, Tenant may, at its sole expense, without Landlord's that if Landlord so elects prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment termination of this lease or upon earlier vacating of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approvalpremises, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions additions, improvements and improvements partitions shall become of property of Landlord as of the date of termination of this Lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with premises. All shelves, bins, machinery and trade fixtures, installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering so as not to damage the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice primary structure or structural qualities of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to buildings and other improvements situated on the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timepremises.

Appears in 1 contract

Sources: Lease Agreement (Winston Furniture Co of Alabama Inc)

Alterations. If no Event of Default, as defined in Section 18 hereof, shall exist under this Lease and no notice shall have been given to Tenant shall of a default hereunder which has not make any alterations, additions or improvements to the Premises without Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, howeverbeen corrected, Tenant may, at its sole expense, without Landlord's prior consentmake additions to and alterations of the Improvements and construct additional Improvements and make substitutions and replacements for the Improvements, but on prior notice to Landlord, make alterations, additions and improvements to provided that (a) the fair market value of the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheldlessened thereby, conditioned or delayed. Tenant (b) such work shall perform any such alterations, additions and improvements be expeditiously completed in a good and workmanlike manner and in compliance with all applicable lawsLegal Requirements, all building codes insurance policies required to be maintained by Tenant hereunder, and all requirements other agreements to which Tenant is a party or by which Tenant or the Premises may be bound, and (c) no Improvements shall be demolished unless (i) Tenant shall have first furnished Landlord with such surety bonds or other security acceptable to Landlord as shall be necessary to assure rebuilding of insurance policies covering such Improvements and Landlord shall be deemed to have consented to such demolition unless Landlord shall deny such consent within 60 days after receipt of the Buildingsrequest for such consent. All such additions and alterations, substitutions and replacements shall be and remain part of the realty and the property of Landlord and shall be subject to this Lease. Landlord agrees to execute such utility easements, building permit applications, zoning changes and other similar governmental applications as Tenant may deem necessary or requisite in connection with any such addition and/or alteration, subject however, to such limitations and conditions as may be imposed by the Note Purchaser. Tenant shall promptly pay all costs may place upon the Premises any inventory, trade fixtures, machinery or equipment belonging to Tenant or third parties ("Tenant's Trade Property") and expenses related may remove the same at any time during the term of this Lease. Landlord agrees, at the request of Tenant, to execute a waiver or subordination of its statutory or contractual landlord's lien to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's holder of a valid security interest in any of Tenant's Trade Property or to any bona fide lessor of Tenant's Trade Property provided that the holder of such security interest, or such lessor, agrees in writing to repair any damage which may be done to the Premises to be released promptly after Tenant receives notice as a result of the same without cost to Landlorda removal of any of Tenant's Trade Property. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out caused by its removal of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeTrade Property.

Appears in 1 contract

Sources: Lease Agreement (Sather Trucking Corp)

Alterations. 9.1 Tenant shall not make any alterations, additions or improvements in or to the Premises or any part thereof, or attach any fixtures or equipment thereto, without Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval consent shall not be unreasonably withheld. Notwithstanding the preceding sentence, conditioned Tenant may make such alterations, additions or delayed. improvements without Landlord's consent only if the total cost of such alterations, additions or improvements is fifty thousand dollars ($50,000) or less and such alterations, additions or improvements will not affect in any way the structural, exterior or roof elements of the Premises or mechanical, electrical, plumbing, utility or life safety systems of the Premises, but Tenant shall perform give prior written notice of any such alterations, additions or improvements to Landlord. In no event shall Tenant be permitted to install underground storage tanks (excepting a single 20,000 gallon water tank) or fuel systems on the Premises. Landlord's refusal to consent to the installation of an underground tank or fuel system shall be conclusively presumed to be reasonable. All alterations, additions and improvements in a good or to the Premises to which Landlord consents shall be made by Tenant at Tenant's sole cost and workmanlike manner expense as follows: (a) Tenant shall submit to Landlord, for Landlord's written approval, complete plans and in compliance specifications for all work to be done by Tenant. Such plans and specifications shall be prepared by the licensed architect(s) and engineer(s), shall comply with all applicable codes, laws, ordinances, rules and regulations, shall not adversely affect the structural elements of the Premises, shall be in a form sufficient to secure the approval of all building codes government authorities with jurisdiction over the Premises, and all requirements shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. (b) Landlord shall notify Tenant in writing, within fifteen (15) Business Days after Landlord's receipt of insurance policies covering such plans and specifications, whether Landlord approves or disapproves such plans and specifications and, if Landlord disapproves such plans and specifications, Landlord shall describe the Buildingsreasons for disapproval. Tenant may submit to Landlord revised plans and specifications for Landlord's prior written approval. Tenant shall promptly pay all costs costs, including the fees and expenses related to any of the licensed architect(s) and engineer(s), in preparing such alterations, additions plans and improvements specifications. (c) All changes in the plans and specifications approved by Landlord shall cause any mechanics' lien which attaches be subject to Landlord's interest prior written approval. If Tenant wishes to make any such change in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 belowsuch approved plans and specifications, Tenant shall repair any damage have such architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant in writing promptly whether Landlord approves or disapproves such change and, if Landlord disapproves such change, Landlord shall describe the Premises arising out reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for such change for Landlord's written approval. After Landlord's written approval of any such change, such change shall become part of the plans and specifications approved by Landlord. (d) Tenant shall obtain and comply with all building permits and other governmental permits and approvals required in connection with the work. Tenant shall, through Tenant's licensed contractor, perform the work substantially in accordance with (i) the plans and specifications approved in writing by Landlord, (ii) the permits obtained by Tenant, and (iii) all applicable codes, laws, ordinances, rules and regulations. Tenant shall pay, as additional rent, the entire cost of all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the alterations, additions and improvements. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work. (e) Tenant shall give written notice to Landlord of the date on which construction of any work will be commenced at least ten (10) days prior to such date. Tenant shall keep the Premises free from mechanics', materialmen's and all other liens arising out of any work performed, labor supplied, materials furnished or other obligations incurred by Tenant. Tenant shall promptly and fully pay and discharge all claims on which any such lien could be based or, in the event Tenant reasonably disputes the validity or amount of any such claim, Tenant may bond over such lien to Landlord's reasonable satisfaction. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord and the Premises from such liens, and to take any other action Landlord deems necessary to remove or discharge liens or encumbrances at the expense of Tenant. 9.2 All such alterations, additions additions, fixtures and improvements (other than improvements, whether temporary or permanent in character, made in or to the Premises by Landlord or Tenant's trade fixtures, modular furniture, equipment and personal property) shall become part of the Premises and Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any time.excluding,

Appears in 1 contract

Sources: Purchase Agreement (Icg Funding LLC)

Alterations. The Tenant shall not make has no rights to carry out any alterations, additions works or improvements installations to the Premises without Landlordunless it is expressly permitted to do so under this Clause 4.10. The Tenant may install, alter and remove tenant's prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions fixtures29 and improvements carry out internal non-structural works to the Premises that will not cost more have an adverse impact on the Environmental Performance of the Premises without the Landlord's consent, but the Tenant must notify the Landlord promptly after completing those works. To enable those works to be carried out, the Tenant may drill fixing holes into the floors, ceilings, columns or walls of the Premises. The Tenant must comply with its obligations in Part 5 of the Schedule when carrying out or installing any Permitted Works, whether or not the Landlord's consent is required for them.30 The Tenant must not display any signs or advertisements on the Premises that are visible from outside the Premises except for business signs that indicate the Tenant's trading name in the style of and consistent with the Tenant's standard business signage. By the End Date the Tenant must have removed: all tenant's and trade fixtures and loose contents from the Premises; all Electronic Communications Apparatus and apparatus relating to Wireless Data Services installed by the Tenant or any sub-tenant at the Premises; all signage installed by the Tenant or any sub-tenant at the Premises; unless and to the extent that the Landlord and the Tenant otherwise agree, all Permitted Works; and without affecting any other Landlord's rights, any works that have been carried out in breach of any obligation in this Lease. The Tenant must make good all damage to the Premises caused when complying with Clause 4.12.1 and restore them to the same configuration, state and condition as they were in before the items removed were originally installed. At the End Date the Tenant must: give back the Premises (and the fixtures, plant and equipment in them) in good decorative order and in a state, condition and working order consistent with the Tenant's obligations in this Lease;31 give back the Premises with vacant possession; and hand to the Landlord any registers or records maintained by the Tenant pursuant to any statutory duty that relate to the Premises including any health and safety file, EPC and asbestos survey. If the Tenant has not removed all of its property from the Premises by the End Date: the Landlord may dispose of that property as the agent of the Tenant after giving the Tenant not less than $20,000 five Business Days' notice of its intention to do so; the Tenant must indemnify the Landlord against any liability of the Landlord to any third party whose property has been disposed of in the genuine but mistaken belief that it belonged to the Tenant; and the Landlord must pay to the Tenant the proceeds of the disposal after deducting the costs of transportation, storage and disposal incurred by the Landlord. The Tenant must not use the Premises other than for the Permitted Use. The Tenant must not use the Premises: for any illegal activity; [for trading in vehicles or carrying out repairs to and maintenance of them;] as a betting office, an amusement arcade or in connection with gaming; for any political or campaigning purposes or for any sale by auction;32 or for the sale of alcohol for consumption on or off the Premises or for the preparation or cooking of food other than, in either case, in connection with staff catering facilities ancillary to the Permitted Use. The Tenant must not: keep in the Premises any plant, machinery or equipment (except that properly required for the Permitted Use) or any petrol or other explosive or specially flammable substance[ (other than petrol in the tanks of vehicles parked in any single instance and parking spaces within the Premises)]; load or unload any vehicle unless it is in a loading area provided for that will not have a material adverse effect on purpose; cause any nuisance or damage to the heatingLandlord or to the owners, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment tenants or occupiers of any adjoining premises; overload any part of the Buildings Premises or any plant, machinery, equipment or Conducting Media; do anything that blocks the Conducting Media or makes them function less efficiently including any blockage to or corrosion of any drains, pipes or sewers by virtue of any waste, grease or refuse deposited by the Tenant or any cleaning of them carried out by the Tenant; operate any apparatus so as to interfere with the lawful use of Electronic Communications Apparatus or the provision of Wireless Data Services on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall adjoining premises; cause any mechanics' lien which attaches land, roads or pavements near to Landlord's interest in the Premises to be released promptly after Tenant receives notice untidy or dirty, or deposit anything on them; use any machinery on the Premises that is audible outside the Premises or that causes significant vibration outside the Premises; in relation to any parts of the same without cost Premises that are not built on store, keep or stack any materials, plant, equipment, bins, crates, boxes, refuse, waste or rubbish or any receptacle for waste, refuse or rubbish or any other item otherwise than in accordance with any requirements of the Landlord's insurers and any regulations made by the Landlord; burn rubbish or waste materials, paper, wood or other combustible matter on the Premises[ except in boilers or incinerators provided for that purpose]; or emit any smoke, fumes or smells from the Premises. The Landlord does not warrant that the Permitted Use is, will be, or will remain lawfully permitted under the Planning Acts or the title deeds. The Tenant remains bound by the Tenant's obligations under this Lease even if the use is not lawfully permitted under the Planning Acts. The Tenant must not install or use Electronic Communications Apparatus or apparatus relating to Wireless Data Services within the Premises unless solely for use in connection with the lawful occupier's business at the Premises[. Landlord's consent must be obtained prior to installation]. Subject The Tenant must provide the Landlord with the names, addresses and telephone numbers of not fewer than two people who from time to Section 13 below, Tenant shall repair time hold keys and any damage security access codes to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than who may be contacted in an emergency if the Landlord needs access to the Premises outside the Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain normal business hours. [The Tenant must not use any parking spaces forming part of the Premises: except for the parking of vehicles belonging to persons working at the Premises as or any authorised visitors to the Premises; or for the repair, refuelling or maintenance of any vehicles.] [The Tenant must comply with the provisions in Part 8 of the expiration Schedule.]33 Dealings with the Premises34 The Tenant must not assign, sub-let, charge, hold on trust or earlier termination part with or share possession or occupation of the TermPremises in whole or in part, unless except as authorised under this Clause 4.14[ or Part 7 of the Schedule]. The Tenant requests may assign the Tenant's right to the whole of the Premises with the Landlord's consent (such consent not to be unreasonably withheld or delayed if the prospective tenant is of sound financial standing and demonstrably capable of fulfilling the Tenant's obligations under this Lease),35 except that: the Landlord agrees may refuse consent to assign if the Tenant has not paid in writing otherwise at full the time of their construction or installation. Notwithstanding any provision of Rent and all other sums due to the Landlord under this Lease that are not the subject of a legitimate dispute about their payment; the Landlord may refuse consent to assign in any other circumstances where it is reasonable to do so; [and] the Landlord may require any other condition to the contraryLandlord's consent if it is reasonable to do so[; and if required by the Landlord, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and any consent to assign may be removed from subject to a condition that any Environmental Permits held by the assigning tenant that are required for the use and enjoyment of the Premises by the assignee are transferred to the assignee]36. [The provisions of Part 7 of the Schedule apply to sub-lettings of the Premises and the Tenant at must comply with its obligations in that Part of the Schedule.] The Tenant may charge the Tenant's right to the whole of the Premises to a genuine lending institution without the Landlord's consent but the Tenant must notify the Landlord under Clause 4.15 of any timecharge created. In addition to the provisions of this Clause 4.14, the Tenant may share occupation of the Premises with a Group Company of the Tenant[ or a Service Provider] on condition that:37 the Tenant notifies the Landlord of the identity of the occupier and the part of the Premises to be occupied; no relationship of landlord and tenant is created or is allowed to arise; the sharing of occupation ends if the occupier is no longer a Group Company of the Tenant[ or a Service Provider]; and the Tenant notifies the Landlord promptly when the occupation ends.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) without Landlord's the prior written consentconsent of Landlord, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering In the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage event Landlord consents to the Premises arising out making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All such alterations, additions additions, improvements and improvements (other than Tenant's trade fixtures, modular furniture, equipment partitions erected by Tenant shall be and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. Notwithstanding the foregoing sentence, all shelves, bins, machinery and trade fixtures installed by Tenant may be removed from by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the Premises if required by Landlord. Upon any such removal Tenant at any timeshall restore the Premises to their original condition (normal wear and tear excepted). All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the Premises.

Appears in 1 contract

Sources: Warehouse Lease Agreement (Radiant Systems Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. If Landlord consents to Tenant's contractors doing the work, Landlord may require, at Landlord's prior written consentsole option, which Landlord shall not unreasonably withhold, delay or condition; provided, however, that Tenant mayprovide, at its sole Tenant's expense, without Landlord's prior consent, but on prior notice a lien and completion bond in an amount equal to Landlord, make alterations1-1/2 times any and all estimated costs of improvements, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest alterations in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair insure Landlord against any damage to the Premises arising out of any such alterations, additions liability or mechanic's and improvements. All such alterations, additions and improvements (other than Tenantmaterialmen's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees lien which may arise in writing otherwise at the time of their construction or installation. Notwithstanding any provision accordance with Paragraph 23 of this Lease Agreement and to insure completion of the contrarywork. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the Building or improvements and without overloading or damaging such Building or improvements, and in each case complying with all of Tenant's furnitureapplicable governmental laws, equipmentordinances, trade fixturesregulations and other requirements. All alterations, supplies additions, improvements and personal property located within the Premises throughout the term of this Lease partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease; and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this lease or upon earlier vacating of the Premises, provided, however, that, if Landlord so elects, prior to termination of this lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed from by Tenant prior to the termination of this lease, if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the Premises if required by Landlord. Upon any such removal, Tenant at any timeshall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the Buildings and other improvements situated on the Premises.

Appears in 1 contract

Sources: Lease Agreement (United Stationers Supply Co)

Alterations. Tenant shall not make any no alterations, decorations, additions or improvements in or to the Premises without Landlord's prior written consent, which and then only by contractors or mechanics approved by Landlord. All such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by or pursuant to the direction and instruction of Tenant shall not unreasonably withholdbe performed in full compliance with all laws, delay or condition; providedrules, howeverorders, ordinances, directions, regulations and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in full compliance with the rules, orders, directions, regulations and requirements of the Insurance Service Office, and of any similar body. Before commencing any work, Tenant mayshall give Landlord at least twenty-one (21) days written notice of the proposed commencement of such work and shall, if required by Landlord, secure at its sole Tenant's own cost and expense, without Landlord's prior consenta completion and lien indemnity bond, but on prior notice satisfactory to Landlord, make for said work. Landlord shall have the right at all times to post notices of non-responsibility on the Premises and record verified copies thereof in connection with all work of any kind upon the Premises., All alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterationsdecorations, additions or improvements upon the Premises, made by Tenant, including without limitation wall coverings, draperies, floor coverings, built-in cabinet work, paneling and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements like (other than but excluding Tenant's trade fixtures, modular furnitureif any, equipment and personal propertyfurnishings) shall become Landlord's the property of Landlord upon expiration or sooner termination of this Lease, and shall remain at upon and be surrendered with the Premises as part thereof, except that Landlord may, by written notice to Tenant, given at lest thirty (30) days prior to the end of the term, require Tenant to remove all partitions, counters, railings and the like installed by or pursuant to the direction and instruction of Tenant, and Tenant shall repair the Premises ** Any items of alteration submitted by Tenant and approved by Landlord that require removal from premises upon expiration or earlier termination of the Term, unless Tenant requests and lease shall be identified by Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises initial approval by Tenant at any timeLandlord.

Appears in 1 contract

Sources: Lease Agreement (Tickets Com Inc)

Alterations. (a) Tenant shall not make may, without Landlord's consent, make, in any fiscal year, alterations, additions or improvements to any Site (including rental units, improvements, alterations and additions in the Premises without ordinary course of business) costing less than $20,000.00 (provided, however, alterations performed to repair the existing damage at the Oakzanita Site are not subject to paragraph 23(a), (b) or (c)) only if (i) such alterations, additions or improvements will be in compliance with all applicable laws, codes, rules, regulations and ordinances, (ii) such alterations, additions or improvements will not reduce the fair market value or utility of such Site for its Permitted Use, considered as unencumbered by this Lease, and (iii) such alterations, additions or improvements will not materially and adversely affect in any way the structural, exterior or roof elements of such Site or mechanical, electrical, plumbing, waste water systems and facilities, water plants and facilities and septic facilities, utility or life safety systems of such Site. In all other cases, Landlord's prior written consentconsent shall be required, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to At Landlord's interest in option, any improvement requiring Landlord's consent but made without Landlord's consent shall be removed and the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than area repaired at Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain expense at the Premises as of the expiration or earlier termination of the Term. (b) In no event shall Tenant be permitted to install underground storage tanks or fuel systems on the Premises, unless or any portion thereof, except that Tenant requests may replace existing underground storage tanks with above-ground storage tanks which comply with all applicable Legal Requirements. (c) All alterations, additions or improvements requiring Landlord's consent shall be made at Tenant's sole cost and Landlord agrees expense as follows: (i) Tenant shall submit to Landlord, for Landlord's written approval, complete plans and specifications for all work to be done by or for Tenant. Such plans and specifications shall be prepared by a licensed architect(s) and engineer(s) approved in writing by Landlord, shall comply with all applicable codes, ordinances, rules and regulations, shall not adversely affect the structural elements of any Site, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over such Site, and shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. (ii) Landlord shall notify Tenant in writing within thirty (30) calendar days whether Landlord approves, approves on the condition that Tenant reverse the alteration at Tenant's expense at the time of their construction termination or installation. Notwithstanding any provision expiration of this Lease Lease, or disapproves such plans and specifications. Tenant may submit to Landlord revised plans and specifications for Landlord's prior written approval, which approval shall not be withheld or delayed if (a) the contrarywork to be done would not, in Landlord's reasonable judgment, adversely affect the value, character, rentability or usefulness of any Site or any part thereof, or (b) the work to be done shall be required by any Legal Requirement. Tenant shall pay all costs, including the fees and expenses of the licensed architect(s) and engineer(s), in preparing such plans and specifications. (iii) All changes (other than field changes for which no change order is proposed and which will be reflected in the final "as built" plans) in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approval. If Tenant wishes to make any such change in the approved plans and specifications, Tenant shall have such architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant in writing whether Landlord approves, approves on the condition that Tenant reverse the alteration at Tenant's expense at the termination or expiration of this Lease, or disapproves such change. Tenant may submit to Landlord revised plans and specifications for any such change for Landlord's written approval. After Landlord's written approval of such change, such change shall become part of the plans and specifications approved by Landlord. (iv) Tenant shall obtain and comply with all building permits and other government permits and approvals required in connection with the work. Tenant shall, through Tenant's licensed contractor, perform the work substantially in accordance with the plans and specifications approved in writing by Landlord. Tenant shall pay, as Additional Rent, the entire cost of all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the alterations, additions or improvements. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expenses 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. (v) Tenant shall give at least ten (10) calendar days' prior written notice to Landlord of the date on which construction of any work to be done by outside contractors which requires Landlord's consent will commence. Landlord shall have the right to post and keep posted on any Site any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord and such Site, or any portion thereof, from Liens, and to take any other action Landlord deems necessary to remove or discharge Liens, at the expense of Tenant. (vi) All alterations, additions, improvements and fixtures, whether temporary or permanent in character, made in or to any Site by Tenant, shall become part of such Site and Landlord's property, except those which are readily removable without causing material damage to such Site (which shall be and remain the property of Tenant). Upon termination or expiration of this Lease, Tenant shall, at Tenant's expense, remove all movable furniture, equipment, trade fixtures, supplies office machines and other personal property located within (including Tenant's Trade Fixtures) from each Site (but not the Premises throughout the term Improvements, Personal Property or Equipment) and repair all damage caused by such removal. Termination of this Lease shall remain not affect the property obligations of Tenant and may pursuant to this paragraph 23(c) to be removed from performed after such termination. (vii) Promptly following the completion of any alteration, addition or improvement to the Premises which costs more than $1,000,000.00 to complete, Tenant shall furnish Landlord with a copy in electronic form acceptable to Landlord of the complete plans and specifications for such work (including, if available, so-called "as-built" plans and specifications). (d) In connection with the renovations and alterations to the existing damage at the Oakzanita Site, Tenant shall deliver to Landlord complete plans and specifications (and any change orders) for all work to be done by or for Tenant. Such plans and specifications shall be prepared by licensed architect(s) and engineer(s), shall comply with all applicable codes, ordinances, rules and regulations, shall not adversely affect the structural elements of the Oakzanita Site, and shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the Oakzanita Site. Tenant at shall obtain and comply with all building permits and other government permits and approvals required in connection with the work. All alterations, additions, improvements and fixtures, whether temporary or permanent in character, made in or to the Oakzanita Site by Tenant, shall become part of the Oakzanita Site and Landlord's property. Promptly following the completion of any timealteration, addition or improvement to the Oakzanita Site, Tenant shall furnish Landlord with a copy in electronic form of the complete plans and specifications for such work (including, if available, so-called "as-built" plans and specifications).

Appears in 1 contract

Sources: Lease Agreement (Equity Lifestyle Properties Inc)

Alterations. Tenant Notwithstanding anything to the contrary contained in the Master Lease, Subtenant shall not construct or install a vivarium or otherwise make any alterations, additions renovations, improvements or improvements other installations, whether structural or nonstructural (collectively, "Subtenant Alterations") in or to the Premises without Landlord's the prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment consent of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approvalSublandlord, which approval shall not be unreasonably withheld, conditioned withheld or delayed, and Master Landlord pursuant to the Master Lease. Tenant In the event that Subtenant desires to construct or install a vivarium or biobubble, such proposed vivarium or biobubble shall perform any such alterationsbe designed, additions constructed, and improvements operated in a good and workmanlike manner and in full compliance with all applicable Federal, State and local government laws, regulations and statutes, including without limitation, compliance with the Public National Institutes of Health Guide for Care and Use of Laboratory Animals. If Master Landlord consents or does not require its consent to the construction of a vivarium or biobubble, Subtenant will not need Sublandlord's consent to such vivarium or biobubble. All Subtenant Alterations shall be subject to the terms and conditions of the Master Lease, including without limitation, the obligation, at Subtenant's sole cost and expense, to remove such Subtenant Alterations at the end of the Sublease Term and restore the Sublease Premises to the condition existing immediately prior to completion of the Subtenant Alterations, if so required by Sublandlord or Master Landlord. All Subtenant Alterations shall be performed by a contractor reasonably approved by Sublandlord and Master Landlord and shall be completed in accordance with Paragraph 5 of the Master Lease. Subtenant shall, at its sole cost and expense, obtain any permits or other approvals from the Master Landlord and from any governmental entities required for any Subtenant Alterations desired by Subtenant and shall comply with all building codes codes, requirements and other laws related thereto, including without limitation the Americans With Disabilities Act. Subtenant shall indemnify, defend (with counsel reasonably acceptable to Sublandlord), and hold harmless Sublandlord and its agents, contractors, directors, shareholders and representatives from and against any and all requirements of insurance policies covering losses, costs, claims, liabilities and damages (including reasonable attorneys' and experts' fees and expenses) arising from or relating in any manner to the Buildings. Tenant shall promptly pay all costs installation, use, operation, repair, maintenance, restoration, replacement and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice removal of the same without cost to Landlord. Subject to Section 13 belowSubtenant Alterations and all substances and materials used in connection therewith, Tenant shall repair any damage except to the Premises arising out extent caused by the gross negligence or willful misconduct of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeSublandlord.

Appears in 1 contract

Sources: Sublease (Anadys Pharmaceuticals Inc)

Alterations. Tenant (a) The terms and conditions of Article 7 of the O▇▇▇▇▇▇▇▇ shall not be applicable to any alteration, addition or improvement that Subtenant may desire to make any alterations, additions or improvements with respect to the Premises without Landlord's Subleased Premises. In addition to obtaining the consent of Overlandlord, Subtenant shall obtain the prior written consentapproval of the Sublandlord prior to making any such alteration, which Landlord addition or improvement. Unless otherwise provided in the O▇▇▇▇▇▇▇▇, Subtenant shall have the right to perform its own construction work, with contractors and subcontractors who are reputable, qualified and properly licensed or accredited and adequately insured (to the reasonable satisfaction of Sublandlord), and who are first reasonably approved by Sublandlord. Subtenant agrees to carry, and will cause Subtenant’s contractors and subcontractors to carry, such worker’s compensation insurance, general liability insurance, property damage insurance, non-owned automobile insurance and such other insurance as Sublandlord or Overlandlord may require. Overlandlord and Sublandlord will be named as additional insureds on any such policies. Subtenant will be responsible for obtaining any and all permits, approval and licenses required under any applicable law, ordinance, code or regulation, and for arranging for all inspections and permits “close-outs.” Copies of such permits and the like will be delivered to Sublandlord upon request. Sublandlord may elect (for its own benefit and not that of Subtenant) to review and inspect any such work by Subtenant, provided that Sublandlord will not charge any inspection or supervision fee. (b) Without limiting the foregoing, Sublandlord acknowledges that Subtenant desires to perform certain alterations in and to the Subleased Premises to make the same more for Subtenant’s occupancy (collectively, the “Subtenant Improvements”). All Subtenant Improvements shall be undertaken by Subtenant in strict accordance with this Sublease and the O▇▇▇▇▇▇▇▇, including without limitation this Section 21, and in accordance with plans and specifications reasonably approved in advance by Sublandlord and (if required by the O▇▇▇▇▇▇▇▇) Overlandlord. Sublandlord will not unreasonably withhold, delay withhold its approval of any such plans or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises specifications provided that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment Overlandlord has approved of the Buildings or on the structure or exterior of the Buildingssame. Tenant Subtenant shall provide detailed drawings to Landlord reimburse Sublandlord, as a Subtenant Surcharge, for any actual costs and expenses reasonably incurred by Sublandlord in connection with such review and approval. All Subtenant Improvements shall be at the sole cost and expense of Subtenant, which approval shall not be unreasonably withheldincluding without limitation, conditioned or delayedall costs of construction document preparation, design, plans and specifications, general conditions, labor, materials, and other construction costs, the fees of contractor’s project manager and site superintendent for the Subtenant Improvements, and all costs incurred in connection with obtaining permits for the Subtenant Improvements. Tenant shall Subtenant will perform any such alterations, additions and improvements work in a good and workmanlike manner using new and good quality materials, and in compliance accordance with all applicable laws, all building codes codes, regulations and all requirements of insurance policies covering the Buildingsby-laws. Tenant Subtenant’s contractors and subcontractors shall promptly pay all costs be reputable and expenses related to any such alterationsproperly licensed and qualified, additions and improvements and shall cause be subject to Sublandlord’s prior approval, which shall not be unreasonably withheld. At the time of submission of plans for the Subtenant Improvements to Overlandlord, Subtenant and Sublandlord will request that Overlandlord specify which (if any) of the Subtenant Improvements Subtenant will be required to remove for the purposes of Section 7.2(iii) of the O▇▇▇▇▇▇▇▇. If and to the extent that Overlandlord does specify that any mechanics' lien or all of the Subtenant Improvements must be removed, Subtenant will be solely responsible for removing the same and returning the Subleased Premises (or the affected portions) to substantially similar condition in which attaches to Landlord's interest in Sublandlord delivered the Subleased Premises to Subtenant, at the sole cost and expense of Subtenant. Depending on the extent of any required removal and restoration of Subtenant Improvements, Sublandlord may require that Subtenant provide (for Sublandlord’s approval) a written schedule of removal and restoration actions that afford reasonably sufficient time (prior to the expiration or termination hereof) for such work to be released promptly after Tenant receives notice completed. Upon approval of the same without by Sublandlord, Subtenant will follow such schedule, failing which Sublandlord may perform the same at Subtenant’s cost to Landlordand expense. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out Sublandlord’s approval of any such alterations, additions schedule will not relieve Subtenant of any liability in the event of any holding over caused by Subtenant’s failure to complete any removal and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of restoration prior to the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timehereof.

Appears in 1 contract

Sources: Sublease (Glycomimetics Inc)

Alterations. Notwithstanding any provision in this Lease to the contrary, Tenant shall not make or cause to be made any alterations, additions additions, improvements or improvements replacements to the Premises Tenant Space or any other portion of the Building or Property (collectively, “Alterations”) without Landlord's the prior written consentconsent and approval of Landlord, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions consent and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. ; provided, however, that Landlord’s consent shall not be required to make nonstructural interior alterations in the Premises for typical build-outs, including, without limitation, cabinets, cages, cable management and other customary installations, repairs, maintenance, and removals of equipment and telecommunication cables within the Tenant shall perform any Space, if and to the extent that such alterationsinstallations, additions repairs, maintenance, and improvements in removals are (i) usual customary within the industry, (ii) are of a good type and workmanlike manner and extent which are customarily permitted to be made without consent by landlords acting consistently with Institutional Owner Practices (defined below) leasing similar space for similar uses to similar tenants, (iii) in compliance with all applicable lawsnon-discriminatory Building Rules and Regulations, all building codes and all requirements (iv) will not affect the Building’s structure, the provision of insurance policies covering services to other Building tenants, or the BuildingsBuilding’s electrical, plumbing, HVAC, life safety or mechanical systems. Tenant For purposes hereof, “Institutional Owner Practices” shall promptly pay all costs and expenses related to any such alterationsmean practices that are consistent with the practices of the majority of the institutional owners of institutional grade, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest first-class data center or telecommunications projects in the Premises to be released promptly after Tenant receives notice United States of the same without cost to LandlordAmerica. Subject to Section 13 belowIn addition, Tenant shall repair any damage have the right to make HVAC, electrical plant and other material alterations which affect the structural elements of the Premises and/or the building systems (but not distribution systems) serving the Premises with the prior written approval of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Contractors performing alterations will be subject to the Premises arising out reasonable approval of Landlord and must comply with reasonable, nondiscriminatory Building Rules and Regulations, including, without limitation, maintenance of insurance coverage. Landlord shall provide timely notices to Tenant of all Building-level engineering and construction, power upgrades, and other structural changes that could reasonably be expected to materially affect the Tenant Space, and Tenant shall have the right to comment upon and participate in such decisions prior to their implementation, but without any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration approval or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeveto rights.

Appears in 1 contract

Sources: Master Meet Me Room Lease (Telx Group, Inc.)

Alterations. Tenant (a) Except as expressly provided in Section 6.02(b) below, Concessionaire shall not make any alterations, additions or improvements alterations to the Designated Premises without Landlord's the prior written consentconsent of the City. If Concessionaire desires to make any alteration to the Designated Premises, which Landlord Concessionaire shall, prior to commencing same, submit plans and specifications therefore to the City. The City will, within thirty (30) days after receipt of such plans and specifications, promptly review and approve the plans and specifications or note in writing any required changes or corrections that must be made to the plans and specifications. If the City timely objects to the plans and specifications, Concessionaire shall make the required changes or corrections and resubmit the plans and specifications to the City within thirty (30) days after receiving notice of the required corrections or changes. Minor changes in work or materials not affecting the general character of the building project may be made at any time without the City's approval, but a copy of the altered plans and specifications must be furnished to the City. The City's approval of any plans and specifications applies only to the conformity of the plans and specifications to the general architectural plan for the Designated Premises, and the City may not unreasonably withholdwithhold approval of plans and specifications. The City's approval does not constitute approval of the architectural or engineering design, delay and the City, by approving the plans and specifications, assumes no liability or condition; providedresponsibility for the architectural or engineering design or for any defect in any building or improvement constructed from the plans or specifications, howeverand Concessionaire, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will extent allowed by law, shall indemnify and hold the City harmless from all such liability and responsibility. (b) Notwithstanding the provisions of Section 6.02(a) above, Concessionaire need not cost more than $20,000 in any single instance and that will not have a material adverse effect on obtain the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings City's consent to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions (i) repairs necessary to maintain existing structures and improvements in a good useful state of repair and workmanlike manner operation, provided such repairs do not affect the general quality or character of the Facilities, and in compliance (ii) changes and alterations required by an authorized public official with all applicable lawsauthority or jurisdiction over the buildings or improvements, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such comply with legal requirements. (c) Any buildings, improvements, additions, alterations, additions and improvements fixtures (except furniture and trade fixtures) constructed, placed, or maintained on any part of the Designated Premises during the Agreement Term shall be considered part of the real property of the Designated Premises and may, at the City’s option, become the property of the City and remain on the Designated Premises if the Agreement is terminated for an uncured event of default under this Agreement, except as otherwise provided herein. All equipment associated with the wakeboard cable system and its controls, as well as ramps, jumps and lake features, shall at all times be considered a trade fixture and shall cause be the property of Concessionaire except as expressly provided in this Agreement. Except as provided in this Section 6.02(c), so long as no Event of Default exists, Concessionaire may, at any mechanics' lien which attaches to Landlord's interest in time while it occupies the Designated Premises, remove any furniture, machinery, equipment, or other trade fixtures owned or placed by Concessionaire in, under, or on the Designated Premises to or acquired by Concessionaire, whether before or during the Agreement Term. Concessionaire shall be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair responsible for repairing any damage to the Facilities and any buildings or improvements on the Designated Premises arising out resulting from such removal. Any such items not removed upon the termination of any such alterations, additions and improvementsthis Agreement will become the City's property on that date. All such alterations, additions and improvements The provisions of this subsection (other than Tenant's trade fixtures, modular furniture, equipment and personal propertyc) shall become Landlord's property and not apply to the Building, which is governed by subsection (d) below. (d) Notwithstanding any other provision of this Agreement, the parties expressly agree that ownership of the Building shall remain at be vested exclusively in the Premises as of City upon construction. The parties further agree that upon the expiration or earlier termination of this Agreement, regardless of the Termreason and/or means of such termination, unless Tenant requests Concessionaire shall promptly vacate the Building and Landlord agrees in writing otherwise at transfer the time of their construction or installation. Notwithstanding any provision of this Lease same to the contraryCity in good condition, all of Tenant's furniturerepair and working order, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease that Concessionaire shall remain the property of Tenant and may be removed entitled to no compensation from the Premises by Tenant at any timeCity therefor.

Appears in 1 contract

Sources: Concessionaire and Property Use Agreement

Alterations. Tenant shall not make or permit any other improvements, alterations, additions fixed decorations, substitutions or improvements modifications, structural or otherwise, to the Premises (“Alterations”) without Landlord's the prior written consent, which approval by Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions of complete and improvements to the Premises that will not cost more than $20,000 in any single instance final plans and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency specifications prepared and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approvalsubmitted by Tenant, which approval shall may not be unreasonably withheld, conditioned or delayed. All Alterations shall be made by Landlord or Tenant’s contractor (which has been approved by Landlord) at Tenant’s sole cost, payable by Tenant only after Tenant has obtained all necessary permits from governmental authorities for the Alterations. Notwithstanding anything to the contrary contained in this Section, Tenant shall have the right from time to time and at any time, without Landlord’s consent, to perform the following work within the Premises, provided such work does not affect the base building structure or systems, including but not limited to, the HVAC, mechanical, electrical and plumbing systems: (i) install, remove and relocate nonstructural office partitioning, (ii) paint and install wall coverings, (iii) install and remove office furniture, (iv) relocate electrical outlets, (v) install and remove work stations, (vi) install and remove Tenant’s equipment (including office equipment and laboratory equipment and instruments used in the operation of Tenant’s business) and perform cable pulls in connection therewith, and (vii) install and remove carpeting and other floor coverings. If any mechanic’s lien is filed against the Premises for work or materials furnished to Tenant (other than by Landlord) the lien shall be discharged by Tenant within thirty (30) days after Tenant receives written notice of the lien, solely at Tenant’s expense, by either paying off or bonding off the lien. Should Tenant fail to discharge any lien within thirty (30) days of Tenants receipt of notice of its filing, then, in addition to Landlord’s other remedies, Landlord shall have the right, but not the obligation, to discharge said lien at Tenant’s expense and Tenant shall pay on demand, as Additional Rent, any amount plus the Default Rate paid by Landlord for the discharge or satisfaction of any such alterationsliens, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all attorney’s fees and other costs and expenses related to of Landlord reasonably incurred in defending any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest action or in obtaining the Premises to be released promptly after Tenant receives notice discharge of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timelien.

Appears in 1 contract

Sources: Lease Agreement (Commonwealth Biotechnologies Inc)

Alterations. Tenant shall make no decoration, alteration, addition or improvement in the premises, without the prior written consent of Landlord, and then only by contractors or mechanics and in such manner and with such materials as shall be approved by Landlord, which shall not make be unreasonably withheld or delayed. Notwithstanding the foregoing, however, Landlord's prior negative experience with, concerns regarding the financial stability of, and any criminal proceedings pending against, any such contractor or mechanic shall be deemed to be a reasonable basis upon which for Landlord to refuse to grant its approval. All alterations, additions or improvements to the Premises without Landlord's prior written consentpremises, which including window and central air conditioning equipment and duct work, except movable office furniture and equipment installed at the expense of Tenant, shall, unless Landlord shall not unreasonably withholdelects otherwise in writing, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to become the property of Landlord, make alterations, additions and improvements to shall be surrendered with the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on premises at the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment expiration or sooner termination of the Buildings or on the structure or exterior term of the Buildingsthis lease. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any Any such alterations, additions and improvements in a good which Landlord shall designate, shall be removed by Tenant and workmanlike manner and in compliance with all applicable lawsany damage repaired at Tenant's expense, all building codes and all requirements prior to the expiration of insurance policies covering the Buildingsterm of this lease. Notwithstanding anything to the contrary set forth above, Landlord agrees that it shall not require Tenant shall promptly pay all costs and expenses related to remove any such alterations, additions or improvements made in and/or to the Premises other than (i) those which are not customarily found in premises used for the purposes permitted under this Lease and those which are not of a building standard nature, (ii) those which would require extraordinary effort for Landlord to remove, (iii) those raised computer floors, internal staircases, dumbwaiters, pneumatic tubes, vertical and horizontal transportation systems, vaults, safes, and medical installations, if any, and any alterations, additions or improvements and shall cause made specifically in connection with any mechanics' lien which attaches to Landlord's interest food service and/or food preparation facilities installed by Tenant (e.g., without limitation, vents, hoods, grease traps, sinks, etc.) in the Premises to be released promptly after Tenant receives notice (herein collectively called "Special Alterations"), and (iv) those which are installed or performed without the prior written consent of Landlord where same is required by the terms of this Lease. In any of the same without cost to Landlord. Subject to Section 13 below, foregoing events Tenant shall remove the foregoing from the Premises at Tenant's expense prior to the expiration or sooner termination of this Lease. Upon such removal Tenant shall immediately and at its expense, repair and restore the Premises to the condition existing prior to such alteration, addition or improvement and repair any and all damage to the Premises arising out of any or the Building due to such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeremoval.

Appears in 1 contract

Sources: Lease Agreement (Phase2media Inc)

Alterations. Tenant (a) Except as expressly provided in this Paragraph 6 (a), Lessee shall make no structural changes and no changes to the air-conditioning, electrical distribution system, plumbing, exterior walls and doors, and floor covering in the Leased Premises, and no changes to the exterior of the Leased Premises without the written consent of Lessor. Work performed by ▇▇▇▇▇▇ Center, Inc. shall be deemed to have received Lessor's prior written consent, whether requested and/or approved in writing or not. Lessee may have modifications to the premises, the cost of which does not exceed $10,000, performed by its own contractors without Lessor's prior written consent, but Lessee shall immediately notify Lessor of such modifications. Lessee, upon Lessor's consent, which consent shall not be unreasonably withheld, shall also be entitled to make any alterations, additions or improvements to the Premises without Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment interior of the Buildings or on Leased Premises the structure or exterior cost of the Buildings. Tenant shall provide detailed drawings which does exceed $10,000 and employ contractors to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any make such alterations, additions or improvements. Plans describing the proposed tenant improvements and the identity of contractors who will make such improvements shall be submitted to Lessor for approval at least fifteen (15) days prior to commencement of work. If Lessor does not object by written notice to Lessee within ten (10) days after receipt of such plans, the alterations, additions or improvements described therein and the contractors designated to make such alterations, additions or improvements shall be deemed approved. All work shall be in a good accordance with the laws, rules, regulations and workmanlike manner orders of all governmental authorities having jurisdiction thereof and in compliance with all applicable laws, all building codes reasonable rules which Lessor and all requirements its contractors may make. Lessor shall have no responsibility for any loss of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related or damage to any such fixtures, equipment or other property installed or left in the Leased Premises from any cause whatsoever except the intentional or negligent acts of Lessor. To the extent construction or installation of the alterations, additions and or improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice being made by Lessee will not interfere with construction or installation of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions or improvements being made by Lessor pursuant to this Lease, Lessor shall permit Lessee to commence such construction or installation prior to commencement of the term of this Lease. Lessee's entry prior to the commencement of the term shall be subject to all of the provisions of this Lease. Lessee shall furnish Lessor with copies of all certificates and improvementsapprovals relating to any work or installation done by Lessee which may be issued or required by any governmental authorities. Lessee shall diligently prosecute such work to completion and with all due diligence shall open the Leased Premises for the conduct of its business. (b) All such alterationsproperty in the Leased Premises changed or altered by Lessor or Lessee, and all additions and or improvements (including carpets) of or upon the Leased Premises, made by either party, other than Tenant's trade fixturesfixtures or other personal property (except carpets) owned or leased by Lessee, modular furniture, equipment and personal property) shall become Landlord's the property of Lessor, and shall remain at upon and be surrendered with the Leased Premises as of a part thereof at the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees this Lease. If Lessor so elects by notice in writing otherwise to Lessee at least thirty (30) days prior to the time of their construction expiration or installation. Notwithstanding any provision earlier termination of this Lease Lease, then Lessee shall remove from the Leased Premises all non-standard property changes, alterations, and all decorations, installations, additions or improvements (except carpets or fixtures) resulting from Lessee's changes, alterations, decorations, installations, additions and improvements upon the Leased Premises as Lessor shall select. Lessee shall repair at Lessee's own cost and expense and to Lessor's satisfaction all damage caused by any removal of property permitted or required to be removed under this Paragraph, and all such removals and repairs shall be completed by the contrary, all date of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term expiration or other termination of this Lease Lease. (c) Lessee shall remain pay and discharge all claims and liens asserted or filed against the property Leased Premises or the Building for work claimed to have been done or for materials claimed to have been furnished to Lessee and Lessee shall hold Lessor and the Leased Premises free and harmless from any and all loss, liability or damage for or on account of Tenant and may be removed from the Premises by Tenant at any timesuch claims or liens.

Appears in 1 contract

Sources: Sublease (Anchor Pacific Underwriters Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises premises (including but not limited to roof and wall penetrations) without Landlord's the prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, consent of Landlord. Tenant may, without the consent of Landlord, but at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions own cost and improvements to the Premises that will not cost more than $20,000 in any single instance expense and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in compliance each case complying with all applicable governmental laws, all building codes ordinances, regulations and all requirements of insurance policies covering the Buildingsother requirements. All alterations, additions, improvements and partitions erected by Tenant shall promptly pay all costs be and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease and Tenant shall, unless however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed from the Premises by Tenant at prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any timesuch removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the premises.

Appears in 1 contract

Sources: Lease Agreement (Comfort Systems Usa Inc)

Alterations. Provided that Tenant has notified Landlord in writing at least ten (10) days prior to the commencement of any such work within the Leased Premises, Tenant shall not have the right to make any alterations, non-structural alterations or physical additions or improvements (including fixtures) to the Leased Premises without Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements subject to the Premises that following limitations: (i) such alterations and additions will not impair the structural integrity of the Building, (ii) such alterations and additions will not affect the mechanical, electrical, plumbing, heating, air-conditioning, or ventilation systems of the Leased Premises, (iii) such alterations and additions will not in the aggregate cost more than $20,000 in any single instance 50,000 (excluding carpet and that will not have a material adverse effect on the heatingpaint), ventilating, air conditioning, plumbing, electrical, emergency (iv) such alterations and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements are accomplished in a good and workmanlike manner and in compliance accordance with all applicable lawsgovernmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all building codes applicable governmental permits and all requirements of insurance policies covering the Buildingsapprovals required in connection with such alterations or additions. Tenant shall promptly pay all costs Subject to (i) through (vi) immediately above, and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches further subject to Landlord's interest in the Premises to be released promptly after Tenant receives notice prior reasonable approval of the same without cost to Landlord. Subject to Section 13 belowall plans and specifications therefor, Tenant shall repair any damage to the Premises arising out of any such alterationsTenant, additions and improvements. All such alterations, additions and improvements (other than at Tenant's trade fixturessole expense, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that upon expiration or earlier termination of this Lease, Tenant shall, at Landlord's sole discretion and Tenant's sole expense, remove such stairwells and restore the TermLeased Premises to its original condition. Except as expressly provided above, unless Tenant requests and Landlord agrees shall not make or allow to be made any alterations or physical additions (including fixtures) in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contraryLeased Premises or place safes, all of Tenant's furniturevaults, equipmentfiling cabinets, trade fixtures, supplies and personal property located libraries or other heavy furniture or equipment within the Leased Premises throughout without first obtaining the term written consent of this Lease Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall remain be subject to any reasonable terms or conditions Landlord may require to ensure that the property alterations or additions are in conformity with the standards of Tenant the Building and may be removed from will not impair the Premises by Tenant at any timestructural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Building.

Appears in 1 contract

Sources: Office Space Lease Agreement (Bank United Corp)

Alterations. Tenant shall not make any alterationsalterations or additions, including ----------- but not limited to wall coverings, floor coverings and special light installations, or permit the making of any holes in any part of the Building, or paint or place any signs, curtains, shades, awnings, aerials or flagpoles or the like which are visible from outside of the Premises, without on each occasion obtaining prior written consent of Landlord. Tenant shall procure all necessary permits before undertaking any improvements, do all of such work in a good and workmanlike manner, employing material of good quality, comply with all governmental requirements, and promptly pay when due the entire cost of any work performed on its behalf. Tenant shall not permit any mechanics' or other liens to be placed on the Premises. Tenant covenants and agrees to indemnify and hold harmless Landlord for any and all charges, expenses, claims and liens of any nature (including payment of reasonable attorney's fees to enforce this provision) and any and all liability arising out of or in connection with any improvements, changes, or additions made by or improvements to the Premises without on behalf of Tenant, or any lien arising thereby. Any alteration, addition or improvement made by Tenant and any fixtures installed as a part thereof, except movable trade fixtures, shall at Landlord's prior written consent, which option become the property of Landlord shall not unreasonably withhold, delay upon the expiration or conditionother sooner termination of this Lease; provided, however, that Landlord shall have the right to require Tenant may, to remove such fixtures at its sole Tenant's expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment . Landlord is aware of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to LandlordTenant's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain installing a night deposit box at the Premises as and agrees to work with Tenant to try to find a suitable installation for such night deposit, consistent with the design, construction, use, appearance and historic nature of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timebuilding.

Appears in 1 contract

Sources: Lease Agreement (Camden National Corp)

Alterations. Tenant Other than the Equipment along with related appurtenances as shown, configured, and inventoried on Exhibit D hereto, Lessee shall not make any alterations, additions additions, or improvements to the Premises and the Lease Area (“Alterations”) without Landlord's the District’s prior written consent, which Landlord shall not unreasonably withhold, delay or conditionconsent District may withhold in its sole and absolute discretion; provided, however, Tenant that Lessee may, at its sole expense, without Landlord's District’s prior written consent, but on upon not less than fifteen (15) days’ prior written notice to LandlordDistrict, make alterations, additions and improvements to perform like-kind replacements of Lessee’s ground-based equipment within the Premises that will not cost more than $20,000 in interior of any single instance and that will not have a material adverse effect shelters on the heatingPremises. In addition, ventilatingand provided that Lessee shall have delivered to District plans and specifications therefor and, air conditioningif requested by District, plumbingevidence reasonably satisfactory to District that said replacements are of a like-kind, electrical, emergency and other mechanical systems and equipment the District’s consent to any like-kind replacements of the Buildings or antennae on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval Reservoir shall not be unreasonably withheld. Any approval by District of any increase in the number, type, or size of arrays or antennae, the addition or relocation of cables or other Equipment, or increase in the portion of the Property used shall be conditioned or delayedby District on an increase in Base Rent in an amount determined by District. Tenant Lessee shall perform any such alterations, additions and improvements in a good and workmanlike manner and complete all approved Alterations at Lessee’s expense in compliance with all applicable lawslaws and in accordance with plans and specifications approved in advance in writing by the District, all building codes using contractors who are bonded, insured, licensed in the state of Washington, and all approved in advance in writing by District, in a manner so as to not unreasonably interfere with other tenants and in conformance with the requirements of insurance policies covering this Agreement. Lessee shall not commence installation of any Alterations until five (5) days after giving District notice stating the Buildingsdate of installation. Tenant Lessee shall promptly pay own and be responsible for all costs Alterations. The Lessee shall remove all Alterations at the end of the Lease Term unless the District requires the Lessee to leave specified Alterations at the Premises, in which case the Lessee shall not remove such Alterations, and expenses related the District shall notify the Lessee in writing of the required Alterations to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in remain as soon as reasonably possible after the Premises to be released promptly after Tenant receives notice of the same without cost to Landlordtermination. Subject to Section 13 below, Tenant Lessee shall immediately repair any damage to the Premises arising out caused by removal of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeAlterations.

Appears in 1 contract

Sources: Communications Site Use and Lease Agreement

Alterations. SECTION 17.1 Tenant shall not make any alterations, additions structural or exterior alterations or improvements to the Demised Premises without in each instance first obtaining Landlord's written consent. Tenant shall have the right, at any time from time to time, without Landlord's prior written consent, which Landlord shall not unreasonably withholdto paint the interior of Demised Premises or any part of parts thereof, delay and to make any non-structural alterations, improvements or conditioninstallations in, to or upon the interior of Demised Premises; provided, however, that; (i) Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice shall have the right to Landlord, make alterations, additions and alterations or improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment storefront of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approvalDemised Premises only with Landlord's consent, which approval shall not be unreasonably withheld, conditioned provided that the alteration or delayed. improvement is consistent with the appearance of the balance of the Shopping Center; and (ii) No alteration, improvement, installation or addition made by Tenant shall perform any such endanger or impair the structure of, or decrease the value, utility or cubic area of, the Demised Premises. SECTION 17.2 All alterations, additions and improvements or installation made or doe by Tenant in, on or to the Demised Premises or any parts or facilities thereof shall be done in a good and workmanlike manner and in compliance conformity with all applicable lawsstatutes, ordinances, rules, regulations and requirements of public authorities and insurance inspection and rating bureaus having jurisdiction, and with all building codes necessary governmental permits or authorities. SECTION 17.3 Any and all requirements alterations, improvements or installations made in , to or upon the Demised Premises by Tenant or Landlord (but not Tenant's furniture, lighting fixtures, trade fixtures and movable trade equipment, counters and shelving or signs installed by Tenant) shall, except as hereinafter provided, be surrendered with the Demised Premises as part thereof at the expiration or other termination of insurance policies covering the Buildingsterm of this Lease. Tenant shall promptly pay all costs and expenses related to remove any such alterations, improvements or installations if Landlord shall require such removal by notice to Tenant at least 60 days prior to the Expiration Date. Tenant shall, upon the Expiration Date or sooner termination of this Lease, remove its said furniture, trade fixtures and trade equipment, counters, shelving, racking and signs, and Tenant shall have the right, at its option, to remove any such alterations, improvements, installations or interior additions and improvements and shall cause any mechanics' lien which attaches to Landlordfrom the Demised Premises upon the expiration or other termination (for reasons other than Tenant's interest in the Premises to be released promptly after Tenant receives notice default) of the same without cost to Landlord. Subject to Section 13 belowterm of this Lease, and, in such event, Tenant shall repair any and all damage to the Demised Premises arising out caused by such removal and restore the Demised Premises to their condition prior to the making of any such the alterations, additions improvement or installation being removed, with the exception of floors. SECTION 17.4 Tenant agrees to indemnify and improvements. All such save harmless Landlord against and from any and all claims for injury, loss or damage to person or property caused by or resulting from the work in connection with any alterations, improvements, installations or additions and improvements (other than Tenant's trade fixturesin, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at to or upon the Demised Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises made by Tenant at any timeor by anyone claiming under Tenant.

Appears in 1 contract

Sources: Assignment, Assumption, Consent to Assignment and Amendment of Lease (Clearview Cinema Group Inc)

Alterations. Section 10.1 Tenant shall not at any time during the Term make any alterations, additions or improvements alterations (including "Specialty Alterations" defined below) to the Premises without first obtaining Landlord's prior written consentconsent thereto, which consent Landlord shall not unreasonably withhold, delay withhold or conditiondelay; provided, however, that Landlord shall not be deemed unreasonable by refusing to consent to any alterations which are visible from the exterior of the Building or the Project including but not limited to signage, which will or are likely to cause any weakening of any part of the structure of the Premises, the Building or the Project or which will or are likely to cause damage or disruption to the Central Building systems or which are prohibited by any underlying ground lease or mortgage. "Specialty Alterations" are defined as alterations consisting of kitchens, executive bathrooms, raised computer floors, computer, telephone and telecommunications wiring and cabling in the Premises and Building, computer installations, supplemental air conditioning systems, safe deposit boxes, vaults, libraries or file rooms requiring reinforcement of floors, internal staircases, conveyors, dumbwaiters, and other alterations of a similar character which Landlord designates as Specialty Alterations by written notice delivered to Tenant maywhen Landlord approves Tenant's plans containing such alterations. Should Tenant desire to make any alterations to the Premises, at its sole expense, without Tenant shall submit all plans and specifications for such proposed alterations to Landlord for Landlord's prior consentreview before Tenant allows any such work to commence, and Landlord shall promptly approve or disapprove such plans and specifications for any of the reasons set forth in this Section 10.1 or for any other reason reasonably deemed sufficient by Landlord. Tenant shall select and use only contractors, subcontractors or other repair personnel from those listed on Landlord's approved list maintained by Landlord in the Project management office. Upon ▇▇▇▇▇▇'s receipt of written approval from Landlord and any required approval of any mortgagee or lessor of Landlord, and upon Tenant's payment to Landlord of the reasonable costs incurred by Landlord for such review and approval (including a reasonable fee for the actual time spent by employees of Landlord), Tenant shall have the right to proceed with the construction of all approved alterations, but on prior notice to Landlordonly so long as such alterations are in strict compliance with the plans and specifications so approved by Landlord and with the provisions of this Article 10. All alterations shall be made at Tenant's sole cost and expense. Section 10.2 All construction, make alterations, additions including Specialty Alterations, and improvements repair work done by or for Tenant pursuant to any provision of this Lease shall (a) be performed in such a manner as to maintain harmonious labor relations; (b) not adversely affect the safety of the Project, the Building or the Premises that will or the systems thereof and not cost more than $20,000 in any single instance and that will not have a material adverse effect on affect the heatingCentral systems of the Building; (c) comply with all building, ventilatingsafety, air conditioningfire, plumbing, electrical, emergency and other mechanical systems codes and equipment governmental and insurance requirements; (d) not result in any usage in excess of the Buildings building standard water, electricity, gas, or on the structure other utilities or exterior of the Buildings. Tenant shall provide detailed drawings heating, ventilating or air-conditioning (either during or after such work) unless prior written arrangements satisfactory to Landlord for review are made with respect thereto; (e) be completed promptly and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner manner; and (f) not disturb Landlord or other tenants in compliance with all applicable lawsthe Building. After completion of any alterations to the Premises, all building codes ▇▇▇▇▇▇ will deliver to Landlord a copy of "as built" plans and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs specifications depicting and expenses related to any describing such alterations. Section 10.3 All leasehold improvements, alterations, including Specialty Alterations, and other physical additions and improvements and shall cause any mechanics' lien which attaches made to Landlord's interest or installed by or for Tenant in the Premises to shall be released promptly after Tenant receives notice and remain Landlord's property (except for Tenant's movable fixtures and movable partitions, telephone and other equipment, computer systems, trade fixtures, furniture, furnishings, and other items of the same personal property which are removable without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements or the Building (other than "Tenant's trade fixtures, modular furniture, equipment Property")) and personal property) shall become not be removed without Landlord's property written consent. ▇▇▇▇▇▇ agrees to remove, at its sole cost and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contraryexpense, all of Tenant's furnitureProperty, equipmentand, trade fixturesif directed to or permitted to do so by Landlord in writing, supplies all, or any part of, the leasehold improvements, alterations, including Specialty Alterations, and personal property located within other physical additions made by Tenant to the Premises, on or before the Expiration Date or any earlier date of termination of this Lease. Tenant shall repair (which shall include closing up any slab penetrations in the Premises throughout in a good and workmanlike manner), or promptly reimburse Landlord for the term cost of this Lease repairing, closing any such slab penetrations and all damage done to the Premises or the Building by such removal. Tenant shall remain notify Landlord of its intention to effect the closing of any such slab penetrations at least 30 days prior to commencing such closings. Any leasehold improvements, alterations, including Specialty Alterations, or physical additions made by Tenant which Landlord does not direct or permit Tenant to remove at any time during or at the end of the Term shall become the property of Landlord at the end of the Term without any payment to Tenant. If Tenant fails to remove any of Tenant's Property by the Expiration Date or any sooner date of termination of the Lease or, if Tenant fails to remove any leasehold improvements, alterations, including Specialty Alterations, and other physical additions made by Tenant to the Premises which ▇▇▇▇▇▇▇▇ has in writing directed Tenant to remove, Landlord shall have the right, on the fifth (5th) day after ▇▇▇▇▇▇▇▇'s delivery of written notice to Tenant to deem such property abandoned by Tenant and may to remove, store, sell, discard or otherwise deal with or dispose of such abandoned property in a commercially reasonable manner. Tenant shall be removed from liable for all costs of such disposition of Tenant's abandoned property, and Landlord shall have no liability to Tenant in any respect regarding such property of Tenant. The provisions of this Section 10.3 shall survive the Premises by Tenant at expiration or any timeearlier termination of this Lease.

Appears in 1 contract

Sources: Assignment of Lease (Advanced Life Sciences Holdings, Inc.)

Alterations. Tenant shall not, without the prior written consent of Landlord in each instance, make any alterations, improvements, or additions to the Premises (including the installation of systems furniture or other equipment or personal property that affects or otherwise connects to the Building’s systems), and any such alterations, improvement, or additions desired by Tenant shall be installed at Tenant’s expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, which approval shall be governed by the provisions set forth in this Section 6. Landlord’s consent thereto shall not be unreasonably withheld or delayed; however, Landlord may, in its sole and absolute discretion, withhold its consent to any alterations, additions, or improvements, that (i) are not consistent with the first-class nature or the architectural character of the Building; (ii) could adversely affect the structure of the Building, the Building systems or the Building circuitry; (iii) could increase Landlord's costs of operating and maintaining the Building; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) would disturb other tenants of the Building, for example, by requiring entry into the premises of other tenants; the foregoing being merely examples of reasons for which Landlord may reasonably withhold its consent and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. If Landlord consents to said alterations, improvements, or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with 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 prior written consent to Tenant's hiring contractors, in which event Landlord will have the right to approve Tenant's contractor and all subcontractors to be used by Tenant's contractor, which approval will not be unreasonably withheld. Landlord may require the employment of union contractors and subcontractors who shall not cause labor disharmony. Tenant shall promptly pay to Landlord or to Tenant's contractors, as the case may be, 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 three percent (3%) of all of the costs of such work to reimburse Landlord for its overhead and construction management services allocable to such work; provided, however, that the foregoing provisions of this sentence will not apply to the Tenant Work performed pursuant to the Work Letter attached hereto as Exhibit D. 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 8 hereof shall be done in a professional and 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 for the Building. Within thirty (30) days after substantial completion of any such work by Tenant or its contractors and upon written request of Landlord, Tenant shall furnish to Landlord "as built" drawings of such work. Tenant shall not make paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type visible from the exterior of the Premises without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Landlord’s consent to or approval of any alterations, additions or improvements to (or the Premises without Landlord's prior written consent, which Landlord plans therefor) shall not unreasonably withhold, delay constitute a representation or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to warranty by Landlord, make alterationsnor Landlord’s acceptance, additions and improvements to that the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings same comply with sound architectural and/or engineering practices or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay be solely responsible for ensuring all costs such compliance. Notwithstanding anything to the contrary contained elsewhere in this Section 6, Tenant shall have the right, without Landlord's consent, to make any alteration to the interior of the Premises (but not outside of the Premises) and expenses related to any such which either: (1) is comprised solely of painting, carpeting, and similar purely cosmetic decorations or alterations, additions or (2) is cosmetic in nature and improvements and shall cause any mechanics' lien which attaches to Landlord's interest costs $100,000 or less in the Premises to be released promptly after cumulative aggregate in any calendar year, and meets all of the following criteria: (a) the alterations does not fall within any of the foregoing factors (i) through (v); (b) the alteration does not require a building permit; (c) Tenant receives provides Landlord with three (3) days' advance written notice of the same without cost commencement of such alteration; and (d) such alterations are not visible from outside of the Premises (each, a "Cosmetic Alteration"). For avoidance of doubt, a “Cosmetic Alteration” will not include any alterations or improvement to Landlordany common corridor, the ground floor lobby, ground floor elevator lobby, exterior signage, restrooms on the ground floor or lower level, elevator cabs, or any alterations or improvements to the exterior of the Building or outside of the Building. Subject to Section 13 belowAt the time Tenant notifies Landlord of any Cosmetic Alteration, Tenant shall repair any damage give Landlord a copy of Tenant's plans for the work. If the Cosmetic Alteration is of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific description of the work. Upon Tenant’s acceptance of possession of the Premises pursuant to the Zebra Sublease, Tenant may make alterations, improvements and additions to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at prior to the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision Commencement Date of this Lease to so long as Tenant complies with the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies terms and personal property located within the Premises throughout the term provisions of this Lease shall remain and the property Work Letter attached hereto as Exhibit D, and complies with the terms and provisions of Tenant and may be removed from the Premises by Tenant at any timeZebra Sublease.

Appears in 1 contract

Sources: Office Lease (Zebra Technologies Corp)

Alterations. (A) Tenant agrees that neither Tenant nor anyone claiming under Tenant shall not make any installations, alterations, additions or improvements to or upon the Premises Demised Premises, except only the installation of fixture necessary for the conduct of its business, without Landlord's the prior written consent of Landlord and except for non-structural alterations to the interior of the Building costing, in the aggregate, One Thousand Dollars ($1,000.00) or less. Notwithstanding any alteration to which Landlord may hereafter, in its sole discretion, consent, which Landlord Tenant shall restore the Demised Premises to the same condition as the Demised Premises were in upon commencement of the term unless otherwise requested in writing by Landlord. Tenant shall not unreasonably withholdbring any additional electrical service into the Demised Premises unless it is brought in underground over a route first approved by Landlord and unless Tenant restores the surface of the ground and other disturbed areas to the reasonably same condition that existed prior to the installation thereof. All installations, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements made to or upon the Demised Premises, whether made by Landlord or Tenant or any other person (except only sign and movable trade fixtures installed in the Demised Premises that will not prior to or during the term of this Lease at the sole cost more than $20,000 in of Tenant or any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment person claiming under Tenant shall be deemed part of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review Demised Premises and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of upon the expiration or earlier other termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain be at the Landlord’s sole discretion either fully restored in accordance with the above provisions of this paragraph or surrendered with the Demised Premises as a part thereof without disturbance, molestation or injury. Movable trade fixtures shall include trade fixtures and other installations not affixed to the realty and trade fixtures and other installations affixed only by nails, bolts or screws with the prior permission of Landlord. (B) Tenant shall procure all necessary permits before making any repairs, installations, alterations, additions, improvements or removals. Landlord shall cooperate with Tenant in obtaining such permits. Tenant agrees that all repairs, installations, alterations, additions, improvements and removals done by Tenant or anyone claiming under Tenant shall be done in a good and workmanlike manner, that the same shall be done in conformity with all laws, ordinances and regulations of all public authorities and all insurance inspection or rating bureaus having jurisdiction, that the structure of the demised premises shall not be endangered or impaired thereby, and that Tenant shall repair any and all damage caused by or resulting from any such repairs, installations, alterations, additions, improvements or removals, including, without limitation, the filling of holes. Tenant shall pay promptly when due all charges labor and materials in connection with any work done by Tenant or anyone claiming under Tenant to or upon the Demised Premises so that the Demised Premises shall at all times be free of liens. Tenant shall hold Landlord harmless from, and indemnify Landlord against, any and all claims for injury, loss or damage to persons or property caused by or resulting from the doing of any such repairs, installations, alterations, additions, improvements and removals. Landlord agrees with regard to work, that it does under the terms of the Lease, that Landlord shall save Tenant harmless from, and indemnify Tenant against, any and all claims for injury, loss or damage to persons or property caused by or resulting from the doing of any such repairs, installations, alterations, additions, improvements and removals resulting from work done by Landlord hereafter. If any mechanic’s lien or other liens, charges or orders shall be filed against the whole or any part of the Demised Premises as the result of the acts or omissions of Tenant or anyone claiming under Tenant or any claim against Tenant, Tenant shall cause the same to be canceled and may be removed from the Premises discharged of record, or fully bonded by Tenant at any timebonding company satisfactory to Landlord, within ten (10) days after notice of filing thereof.

Appears in 1 contract

Sources: Lease Agreement (RXi Pharmaceuticals Corp)

Alterations. Tenant shall not make or allow any alterations, additions additions, or improvements to the Premises or any part of the Premises (“Alterations”), without Landlord's ’s prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed, subject to all the terms and conditions of this Lease. Tenant shall perform any such alterations, additions and improvements Landlord may in a good and workmanlike manner and in compliance with all applicable laws, all its discretion withhold or condition approval of Alterations that affect the building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice systems or structure of the same without cost to LandlordBuilding. Subject to Section 13 belowthe requirements of the Rules and Regulations attached as Exhibit D and the Tenant Construction Standards and Requirements attached as Schedule 1 to the Rules and Regulations, no Landlord consent shall be required for Tenant’s installation of furnishings, fixtures, equipment, or decorative improvements, none of which shall either (a) cost more than Five Thousand Dollars ($5,000.00) in the aggregate, or (b) affect Building systems or the structure of the Building, and the repainting or recarpeting of the Premises, provided that Tenant provide Landlord seven (7) days notice prior to commencing such work. If and to the extent that any Alterations require improvements to the Premises or to the Building to comply with applicable Legal Requirement (“Compliance Improvements”), if Tenant elects to undertake such Alterations, Tenant shall repair any damage to be responsible for the Premises arising out payment of any the costs of all such alterations, additions and improvementsCompliance Improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) Alterations shall immediately become Landlord's ’s property and shall remain and, at the Premises as of the expiration or earlier termination end of the Term, shall remain on the Premises without compensation to Tenant, unless Landlord elects by notice to Tenant requests and Landlord agrees in writing otherwise at the time of installation to have Tenant remove any Alterations that are peculiar to Tenant’s use of the Premises and are not normally required or used by other tenants. In this event, Tenant shall bear the cost of restoring the Premises to their construction or installation. Notwithstanding any provision of this Lease condition prior to the contrary, all installment of Tenant's furniture, equipment, trade fixtures, supplies the Alterations. All Alterations shall comply with the requirements of the Rules and personal property located within Regulations which are Exhibit D and the Premises throughout Tenant Construction Standards and Requirements which is Schedule 1 to the term of this Lease shall remain the property of Tenant Rules and may be removed from the Premises by Tenant at any timeRegulations.

Appears in 1 contract

Sources: Office Lease (Java Detour Inc.)

Alterations. Tenant shall not have the right to make any alterations, additions or improvements such alterations to ----------- the Premises without as may be necessary for the conduct of Tenant's business after completion of the Tenant Improvements and reasonably approved by Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, that Tenant mayshall not make (a) any structural alterations, any nonstructural alterations that affect the integrity of the Building systems, or any nonstructural alterations a single component of which costs in excess of $100,000 (and for which Tenant has not agreed in writing to restore the Premises to the condition immediately prior to such alteration at the expiration or earlier termination of this Lease) without the written consent of Landlord, which consent Landlord may withhold in its sole expense, discretion; of (b) any nonstructural alterations a single component of which costs in excess of $100,000 (and for which Tenant has agreed in writing to restore the Premises to the condition immediately prior to such alteration at the expiration or earlier termination of this lease) without Landlord's prior consent, but on prior notice to the written consent of Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval consent shall not be unreasonably withheld, conditioned withheld or delayed. Tenant shall perform any obtain all necessary building permits as are required for such alterations. Except as provided herein (;particularly with respect to Tenant's machinery, additions trade fixtures, furnishings, equipment and improvements signs) such alterations made by Tenant shall become part of the Premises and shall be returned to Landlord as part of the Premises upon termination. Tenant shall also have the right to install, attach, affix or otherwise place in or upon the Premises, any and all machinery, equipment for teleservicing, office or software development, trade fixtures, furnishings and exterior signs necessary or desirable for Tenant's proper use of the Premises. Notwithstanding anything to the contrary, Tenant will retain ownership and shall remove any and all of Tenant's machinery, equipment for teleservicing, office or software development, trade fixtures, furnishings and exterior signs (including without limitation telecommunications equipment, computers, office furniture, office equipment, disaster recovery backup equipment, cabling, wiring, signs, etc.) at any time including at the termination or expiration of this Lease, whether or not the same shall be deemed to be affixed to the Premises or the Building. After removal, Tenant shall, at its expense, restore the Premises to the same condition in which they were prior to the installation, attachment or placement of such machinery, trade fixtures, furnishings, equipment and exterior signs. Notwithstanding the foregoing, Tenant shall have no obligation to remove the Tenant Improvements or to restore the Premises to the condition existing prior to the completion of the Tenant Improvements. All work performed and all repairs made hereunder by Tenant shall be done in a good and workmanlike manner which shall be consistent with industry standards, using only first quality materials and labor and in compliance with all applicable buildings and zoning laws and with all other laws, all building codes ordinances, orders, rules, regulations, and all requirements of insurance policies covering all federal, state, and municipal governments and the Buildings. Tenant shall promptly pay all costs appropriate departments, commissions, boards and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeofficers thereof.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)

Alterations. Except for any initial improvement of the Premises pursuant to Exhibit "D", which shall be governed by the provisions of said Exhibit "D", Tenant shall not make make, suffer or permit to be made any alterations, additions or improvements to or of the Premises or any part thereof, or attach any fixtures thereto except for Tenant's trade fixtures and equipment, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities, Landlord's consent shall not be unreasonably withheld. Any such alterations, additions or improvements to the Premises without consented to by Landlord shall be made by Landlord or under Landlord's prior written consent, which supervision for Tenant's account and Tenant shall reimburse Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without for all costs thereof (including a reasonable charge for Landlord's prior consentoverhead), but on prior notice to Landlordas Rent, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have within thirty (30) days after receipt of a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvementsstatement. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, Lease Term and shall remain on the Premises without compensation to Tenant unless Landlord elects by notice to Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding Landlord grants its approval to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any provision of this Lease contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Premises to its condition prior to the contraryinstallation of such alterations, all of Tenant's furnitureadditions and improvements, equipment, trade fixtures, supplies normal wear and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timetear excepted.

Appears in 1 contract

Sources: Lease Agreement (Focal Communications Corp)

Alterations. Tenant shall make no changes in or to the demised premises of any nature without Owner's prior written consent which consent shall not be unreasonably withheld or delayed. Subject to the prior written consent of Owner, and in the provisions of this article, Tenant at Tenant's expense, may make any alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the Premises without Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay interior of the demised premises using contractors or condition; provided, however, mechanics first approved by Owner. Tenant mayshall, at its sole expense, without Landlordbefore making any alterations, additions, installments or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner. Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant's expense, by filing the bond required by law or otherwise. All fixtures and all paneling, partitions, [garbled unintelligible lauguage] and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior consentto the date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the same shall be removed from the demised premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment upon removal of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements from the premises or upon removal of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to other installations as may be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 belowrequired by Owner, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the Premises arising out of any demised premises or the building due to such alterations, additions and improvementsremoval. All such alterationsproperty permitted or required to be removed, additions and improvements (other than by Tenant at the end of the term remaining in the premises after Tenant's trade fixturesremoval shall be deemed abandoned and may, modular furnitureat the election of Owner, equipment and personal property) shall become Landlordeither be retained as Owner's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises premises by Tenant Owner, at any timeTenant's expense.

Appears in 1 contract

Sources: Lease Agreement (Logimetrics Inc)

Alterations. Except for the initial improvements to be undertaken by Tenant as provided in Section 25 hereof (which are hereby approved by Landlord), Tenant shall not make any material alterations, additions additions, or improvements to the Premises without Landlord's the prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, consent of Landlord. Tenant may, without the consent of Landlord, but at Tenant's own cost and expense and in a good, workmanlike manner, make such minor alterations, additions, or improvements or erect, remove, or alter such partitions, or erect such shelves, bins, machinery, and trade fixtures as it may deem advisable, without altering the basic character of the Building or improvements, without affecting the structural or loadbearing elements of the Building or improvements, without overloading or damaging such Building or improvements or any utility systems servicing same, and without interference to the other occupants of the Building or any other of Landlord's tenants, and in each case complying with all applicable governmental laws, ordinances, regulations, and other requirements. At the termination of this lease, Tenant shall, if Landlord, in its reasonable discretion, so elects, and at Tenant's sole cost and expense, without Landlord's prior consent, but on prior notice to Landlord, make remove all alterations, additions additions, improvements, and improvements to partitions erected by Tenant and restore the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heatingto their original condition; otherwise, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant such improvements shall provide detailed drawings be delivered to Landlord for review and approvalwith the Premises. Notwithstanding the above, which approval Tenant shall not be unreasonably withheldrequired to remove or restore the following: (i) exterior entrance ramp and overhead door need not be removed, conditioned or delayed(ii) doors on the north wall need not be reopened, and (iii) Tenant installed showers and restrooms need not be removed. All shelves, bins, machinery, and trade fixtures installed by Tenant shall perform any such alterationsmay be removed by Tenant at the termination of this lease, additions and improvements if Tenant so elects, so long as no event of default by Tenant is then in a good and workmanlike manner and in compliance with all applicable lawsexistence, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to be removed if required by Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterationsremovals and restorations shall be accomplished in a good, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at workmanlike manner so as not to damage the Premises as primary structure or structural qualities of the expiration or earlier termination of Building and other improvements situated on the Term, unless Tenant requests and Landlord agrees Premises. Any fixtures installed in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeother than shelves, bins, machinery, and similar trade fixtures shall become the property of Landlord when installed.

Appears in 1 contract

Sources: Lease Agreement (Omniquip International Inc)

Alterations. The Lease is hereby amended by deleting ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇ ▇, ▇, ▇, ▇ and E in their entirety and substituting the following: A. Tenant shall not make any alterations, improvements or additions in or improvements to the Premises without Landlord's the prior written consentconsent of Landlord, which Landlord consent shall not unreasonably withhold, delay or condition; provided, howeverbe given in accordance with this Paragraph 6. Notwithstanding the foregoing, Tenant maymay without the consent of Landlord, but at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, own cost and expense and in a good workmanlike manner make such minor non-structural alterations, additions or improvements or erect, remove or alter such partitions, or erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the Premises or improvements and without overloading or damaging such Premises or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease, and Tenant shall, unless Landlord otherwise elects as provided herein, remove all alterations, additions, improvements and partitions ("Alterations") erected by Tenant as of the termination of this Lease. If, upon the sole election of landlord, Tenant shall not be required to remove said alterations, additions, and improvements made by Tenant, these shall, upon the termination of this Lease, be delivered up to the Premises that will not cost more than $20,000 in any single instance Landlord and that will not have a material adverse effect on become the heatingproperty of the Landlord without payment, ventilatingreimbursement, air conditioningor compensation to Tenant. All shelves, bins, machinery, mechanical, plumbing, electrical, emergency and other mechanical systems and equipment trade fixtures installed by Tenant may be removed by Tenant, but shall be removed by Tenant if required by Landlord, upon the termination of the Buildings or on the structure or exterior of the BuildingsLease. Tenant All removals and restoration shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements accomplished in a good and workmanlike manner so as not to damage the structural qualities of the Premises and other improvements situated on the Premises. The foregoing shall not apply to furniture, movable equipment, or personal property owned by Tenant which may be removed by Tenant at the end is of the term of this Lease, if Tenant is not then in default and if such equipment, furniture and/or movable personal property is not then subject to any other rights, liens and interests of Landlord. In no event shall Landlord be responsible for the removal, custody, or disposition of such abandoned property of Tenant, or in any way be held liable for conversion or any action in relation to its removal, retention, or disposition. B. Prior to the construction of any Alterations which require Landlord's approval pursuant to the provisions hereof, Tenant shall cause a licensed architect and engineer reasonably acceptable to Landlord ("Tenant's Architect") to prepare at Tenant's expense construction, architectural, structural, mechanical, electrical and plumbing drawings and specifications (the "Construction Drawings") for any and all improvements, refurbishment, retrofitting or other alterations to the Premises desired by Tenant and shall deliver the Construction Drawings to Landlord. The Construction Drawings may be delivered in multiple sets with respect to distinct portions of the Premises, rather than as a single comprehensive set covering the entire Premises. The Construction Drawings shall (i) include the location and types of all partitions, doors, light fixtures, electrical and telephone outlets, and special use areas (including computer rooms, telephone rooms and kitchens), (ii) show the locations and manufacturer's specifications for use and operation of any equipment that will necessitate special electrical voltage, circuits, wiring or other requirements, (iii) specify all wall finishes, mill work and floor coverings, (iv) indicate all critical dimensions, (v) designate the location and service areas for any special air conditioning equipment, and (vi) be in a form sufficient to secure the approval of governmental authorities with jurisdiction over the approval thereof, and shall be otherwise satisfactory, to Landlord. Within fifteen (15) business days after delivery of each set of the Construction Drawings to Landlord (the "Construction Drawings Approval Date"), Landlord shall give written notice to Tenant and Tenant's Architect either approving same or stating the specific item(s) thereof which Landlord disapproves and the reason(s) therefor. Landlord may disapprove of any aspect of the Construction Drawings only if Landlord believes that same will have an adverse effect on (i) the structure elements of the Premises, or (ii) the exterior aesthetics of the Premises; provided, however, that Landlord's approval of the Construction Drawings shall in no manner indicate that Landlord believes the Construction Drawings are in compliance with all applicable lawscodes, law and regulations and it shall be Tenant's obligation to obtain all building codes and all requirements of insurance policies covering such requisite approvals. In addition to the Buildings. above, Tenant shall promptly pay all costs deliver to Landlord Construction Drawings for any Alterations which do not require Landlord's consent and expenses related are valued in excess of $20,000.00. Should Landlord fail to approve or disapprove of the Construction Drawings within said fifteen (15) day period, the Construction Drawings shall be deemed approved. C. All required building and other permits in connection with the construction and completion of the Alterations shall be obtained by Tenant at Tenant's sole cost and expense. D. If Landlord disapproves any such alterationsaspect of the Construction Drawings pursuant to Section B above, additions and improvements Tenant shall cause Tenant's Architect to revise the applicable documentation to correct Landlords objection and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost deliver such revised documentation to Landlord. Subject Landlord shall have five (5) business days to Section 13 below, review the revised documentation submitted and respond in writing to Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment Architect either approving the revised documentation or stating the specific item(s) thereof which Landlord disapproves and personal propertythe reason(s) shall become Landlord's property and shall remain at the Premises as therefor. Should Landlord fail to approve or disapprove of the expiration or earlier termination revised Construction Drawings within said five (5) day period, the revised Construction Drawings shall be deemed approved.. E. The process of revision and approval of each set of the TermConstruction Drawings set forth in Section B shall continue until Landlord has fully approved same. Responses described in Section B shall be due by 5:00 p.m. on the date specified therefor. Any such response received after 5:00 p.m. on any day shall be deemed to be received on the next day." This Lease is further amended by deleting ▇▇▇▇▇▇▇▇▇ ▇, unless Tenant requests and Landlord agrees ▇▇▇▇▇▇▇ ▇ in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeits entirety.

Appears in 1 contract

Sources: Lease Agreement (Mentor Corp /Mn/)

Alterations. (a) Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) without Landlord's the prior written consentconsent of Landlord. Tenant may, which without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable, so long as such work is non-structural in nature, does not affect the roof or any area outside of the Premises, does not materially affect the electrical, plumbing, HVAC or mechanical systems in the Building or servicing the Premises, or the sprinkler or other life safety system, does not overload or damage the Building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Lease Term and Tenant shall, unless Landlord shall not unreasonably withholdotherwise elects as hereinafter provided, delay remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the Expiration Date or conditionupon earlier vacating of the Premises by Tenant at Tenant’s sole cost and expense; provided, however, that if Landlord so elects prior to the Expiration Date or earlier vacating of the Premises, all such alterations, additions, improvements and partitions shall become the property of Landlord and shall be delivered up to Landlord with the Premises. All non-permanently affixed racks, shelves, bins, machinery and trade fixtures installed by Tenant maymay be removed by Tenant prior to the Expiration Date if Tenant so elects, at its sole expenseand shall be removed by the Expiration Date or upon earlier vacating of the Premises if required by Landlord. Upon any such removal, Tenant shall restore the Premises to their original condition, reasonable wear and tear excepted. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the primary structure or structural qualities of the Building and other improvements situated within the Premises. With regard to Tenant’s Work and to any alterations, additions or improvements made by Tenant to the Premises for which Landlord consent is required pursuant to Section 8(a), Tenant shall: (i) establish a construction disbursement account or record a surety bond; (ii) record a notice of posted security; and (iii) timely comply with all other requirements of Nevada Revised Statutes (“NRS”) Chapter 108, including, without Landlord's limitation, NRS Chapter 108.2403 and NRS 108.2407, and for the providing of security, the noticing of posted security, and all other requirements of NRS Chapter 108 or its successor statutes as such statutes apply to Tenant’s Work or to alterations, additions or improvements for which Landlord consent is required pursuant to Section 8(a). In that regard, prior consentto the commencement of Tenant’s Work or any alterations, but on prior notice additions or improvements for which Landlord consent is required pursuant to Section 8(a), Tenant shall furnish Landlord with evidence, reasonably acceptable to Landlord, make that (x) the accounts or bonding required by NRS Chapter 108 are in place and established, and (y) Landlord shall be notified by the bonding agent/account officer, in writing, thirty (30) days prior to cancellation, material change, or nonrenewal of such account/bonding. Landlord may, from time to time, prepare, record and deliver, as required by NRS 108.234, notices of non-responsibility that Landlord deems necessary or appropriate in connection with Tenant’s Work or any alterations, additions and or improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings by or on the structure or exterior behalf of the Buildings. Tenant shall provide detailed drawings to Landlord for review Tenant; and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs provide Landlord such documents and expenses related instruments requested by Landlord in connection with the same. Tenant agrees that this Section 8(b) serves as the notice to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timerequired under NRS 108.234(3)(e).

Appears in 1 contract

Sources: Lease Agreement (Leatt Corp)

Alterations. Tenant shall will not make any alterations, additions additions, or improvements to the Premises premises without Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consentwritten consent will not be necessary for any alteration, but on addition, or improvement which: (a) costs less than Five Thousand Dollars ($5,000.00) including labor and materials; (b) does not change the general character of the premises, or reduce the fair market value of the premises below its fair market value prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heatingalteration, ventilatingaddition, air conditioningor improvement; (c) is made with due diligence, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner manner, and in compliance with all applicable the laws, all building codes ordinances, orders, rules, regulations, certificates of occupancy, or other governmental requirements described in paragraph 9; (d) is promptly and all requirements fully paid for by Tenant; and (e) is made under the supervision of insurance policies covering an architect or engineer reasonably satisfactory to Landlord and in accordance with plans and specifications and cost estimates approved by Landlord. Landlord may designate a supervising architect to assure compliance with the Buildings. provisions of this paragraph, and if it does, Tenant shall promptly will pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlordthe supervising architect's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlordcharges. Subject to Section 13 belowTenant's rights in paragraph 13, Tenant shall repair any damage to the Premises arising out of any such all alterations, additions additions, fixtures, and improvements. All such alterations, additions and improvements (other than whether temporary or permanent in character, made in or upon the premises by Tenant's trade fixtures, modular furniture, equipment and personal property) shall will immediately become Landlord's property and shall remain at the Premises as end of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall will remain on the property premises without compensation to Tenant. By notice given to Tenant no less than ninety (90) days prior to the end of Tenant this Lease, Landlord may require that any alterations, additions, fixtures, and may improvements made in or upon the premises be removed from by Tenant. In that event, Tenant will remove the Premises by Tenant alterations, additions, fixtures, and improvements at any timeTenant's sole cost and will restore the premises to the condition in which they were before the alterations, additions, improvements, and additions were made, reasonable wear and tear excepted.

Appears in 1 contract

Sources: Building Lease (Partsbase Com Inc)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the ----------- Premises without Landlord's prior written consentconsent Subject to the prior written consent of Landlord, which Landlord shall not unreasonably withhold, delay or condition; provided, howeverand to the provisions of this Article, Tenant may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the Premises by using contractors or mechanics first approved in writing by Landlord. All fixtures, all electrical items and all paneling, partitions, railings and like installations, installed in the Premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall become the property of Landlord and shall remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant no later than thirty (30) days prior to the date fixed as the termination of this Lease or before sixty (60) days after the expiration of this Lease, elects to have them removed by Tenant, in which event the same shall be removed from the Premises by Tenant forthwith. Nothing in this Article shall be construed to prevent Tenant's removal of trade fixtures, but upon removal of any such trade fixtures from the Premises or upon removal of other installations as may be required by the Landlord, Tenant shall immediately and at its expense repair and restore the Premises to the condition existing prior to installation, and shall repair any damage to the Premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the Term remaining in the Premises after Tenant's removal shall be deemed abandoned and may, at its sole the election of Landlord, either be retained as Landlord's Property or may be removed from the Premises by Landlord at Tenant's expense, without which right of Landlord shall survive expiration of this Lease. Tenant shall, before making any alterations, additional, installation or improvements, obtain all permits, approvals, and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall promptly deliver duplicates of all such permits, approvals and certificates to Landlord; and Tenant agrees to carry such Worker's prior consentCompensation, but on prior notice General Liability, Personal and Property Damage Insurance as Landlord may reasonably require Tenant agrees to obtain and deliver to Landlord, make alterations, additions written and improvements to unconditional waivers of mechanic's liens upon the real property in which the Premises that will not cost more than $20,000 are located, for all work, labor and services to be performed and materials to be furnished in any single instance connection with such work, signed by all contractors, sub-contractors, and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildingslaborers who become involved in such work. Tenant The work shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements done in a good and workmanlike manner and in compliance with all applicable laws, all building codes ordinances, codes, governmental rules, regulations and all requirements of insurance policies covering requirements, and in accordance with the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterationsstandards, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice if any, of the same without cost to LandlordBoard of Fire Underwriters, or other organizations exercising the functions of a board of fire underwriters the jurisdiction of which includes the Premises. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any time.5

Appears in 1 contract

Sources: Lease Agreement (Markland Technologies Inc)

Alterations. Tenant shall not make any no alterations, additions or improvements (“Alterations”; which term shall include Tenant’s Work) to the Premises without Landlord's the prior written consentconsent of the Landlord, which consent Landlord shall not unreasonably withholdwithhold or delay. All Alterations shall be made at Tenant’s sole cost and expense (including the expense of complying with all Laws, delay or conditionincluding those regarding Hazardous Materials, if applicable, and the Americans With Disabilities Act of 1990, as heretofore amended and as amended from time to time (the “ADA”) and Title 24 requirements), in a good and workmanlike manner, by a contractor reasonably approved by Landlord. Tenant, at Tenant’s expense (or, at Landlord’s election, Landlord at Tenant’s expense) shall perform any work required to be performed in areas outside the Premises by reason of the Alterations; provided, however, that as respects Tenant’s Work only, (i) Tenant mayshall not be responsible for any compliance with Laws work required in areas outside of the Premises by reason of Tenant’s Work unless such compliance work is required by reason of inclusion in Tenant’s Work of any items that are not normal and customary general office improvements, and (ii) Landlord shall contribute towards the costs thereof the amount of Landlord’s Allowance as set forth in Section 5.B. above. Tenant shall reimburse Landlord within thirty (30) days after Landlord’s written demand for Landlord’s reasonable out of pocket expenses in connection with any Alterations, such as additional cleaning expenses, additional security services, fees and charges paid to third party architects, engineers and other consultants for review of the work and the plans and specifications with respect thereto, and to monitor contractor compliance with Building or Project construction requirements, and for other miscellaneous out of pocket costs incurred by Landlord as result of the work. With respect to any Alterations expected to cost in excess $200,000.00, Landlord, at its sole expenseelection, may require Tenant to utilize a general contractor that is capable of procuring a completion and lien indemnity bond on normal and customary terms. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord's . Except as Landlord shall otherwise agree in writing as respects any particular Alterations, at Landlord’s sole election any or all Alterations made for or by Tenant shall be removed by Tenant from the Premises at the expiration or sooner termination of this Lease and the Premises shall be restored by Tenant to their condition prior consentto the making of the Alterations, but on prior notice ordinary wear and tear excepted. Landlord hereby waives Tenant’s removal and restoration obligations with respect to Landlord, make alterations, additions and improvements made to the Premises during the term of the Current Lease or the Current Master Leases, and agrees that Tenant shall have no such obligations, whether pursuant to the Current Lease, the Current Master Lease, or this Lease. Notwithstanding the foregoing, Tenant shall have the right, without Landlord’s consent, to make any Alteration that meets all of the following criteria (a “Cosmetic Alteration”): (a) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work), (b) at least ten (10) days prior to commencement of work with respect to such Alteration, Tenant provides Landlord with plans with respect thereto or, if the Alteration is of such a nature that formal plans will not cost more than $20,000 in any single instance and that will be prepared for the work, Tenant provides Landlord with a reasonably specific written description of the work, (c) such Alteration does not have a material adverse effect on affect the heatingBuilding’s systems, ventilatingincluding, air conditioningwithout limitation, HVAC, electrical, mechanical, plumbing, electricalfire and life safety systems, emergency and other mechanical systems and equipment or any structural components of the Buildings or on Building, and such Alteration is not visible from the structure or exterior of the Buildings. Tenant shall provide detailed drawings Premises, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only new materials comparable in quality to Landlord for review those being replaced and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements is performed in a good and workmanlike ▇▇▇▇▇▇▇ like manner and in compliance accordance with all applicable laws, all building codes orders, rules and all requirements regulations, (e) the work does not involve opening the ceiling of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to Premises, (f) the work does not involve any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice Hazardous Materials other than incidental quantities of the same without in normal and customary construction materials, such as paint, and (g) the total cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the TermAlteration, unless Tenant requests including architectural and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contraryengineering fees, all of Tenant's furnitureif any, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timedoes not exceed One Hundred Thousand Dollars ($100,000.00).

Appears in 1 contract

Sources: Office Lease (Intersil Corp/De)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the Premises demised premises of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord, which Landlord shall not unreasonably withhold, delay or condition; provided, howeverand to the provisions of this article, Tenant may, at its sole Tenant's expense, without Landlord's prior consent, but on prior notice to Landlord, may make alterations, installations, additions or improvements ("Alterations") which are non-structural and improvements which do not affect utility services or plumbing and electrical lines, in or to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment interior of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review demised premises by using contractors, mechanics, engineers and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost architects reasonably acceptable to Landlord. Subject Tenant agrees that all Alterations shall be performed by Tenant in accordance with Landlord's Uniform Rules and Regulations for Alterations. Tenant agrees to Section 13 belowuse Landlord's approved engineer for the Building for the preparation of all construction documents and drawings pertaining to any Alterations and to use Landlord's architect to file all plans with and obtain all required permits from appropriate governmental authorities. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expiration of this Lease, at Tenant's expense. Nothing in this article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation, other than as a result of reasonable wear and tear and repair any damage to the Premises arising out of any demised premises or the building due to such alterations, additions and improvementsremoval. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration permitted or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease required to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any time.the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord,

Appears in 1 contract

Sources: Lease Agreement (PLD Telekom Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to After obtaining the Premises without Landlord's prior written consentconsent of Lessor, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, Lessee may make alterations, additions and improvements to in the Premises that will (so long as such alterations, additions or improvements are not cost more than $20,000 structural in any single instance nature and that will not have a material adverse effect on visible from the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the BuildingsPremises) at its sole cost and expense. Tenant shall provide detailed drawings Lessee agrees to Landlord for review save Lessor harmless from any damage, loss, or expense arising therefrom and approvalto comply with all laws, which approval shall not be unreasonably withheldordinances, conditioned or delayedrules and regulations. Tenant shall perform any such Upon termination of this Lease, all of the then-existing alterations, additions and improvements in made in, to or on the Premises by Lessee or by Lessor as part of the initial improvements (including without limitation all electrical, lighting, plumbing, heating, air conditioning, and communications equipment and systems, doors, windows, partitions, drapery, carpeting, shelving, counters, and other physically attached fixtures unless excluded by written agreement between Lessor and Lessee) shall remain upon and be surrendered as a good and workmanlike manner and in compliance with all applicable lawspart of the Premises; provided however, all building codes and all requirements of insurance policies covering the Buildings. Tenant Lessee shall promptly pay all costs and expenses related to any such remove those additions, alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and or improvements (other than Tenant's trade fixturesthe Building standard improvements) as may be specified by Lessor, modular furniture, equipment and personal property) shall become Landlord's property repair and shall remain at restore the Premises as of the to its original condition at Lessee's sole cost and expense prior to expiration or earlier termination of the Term. Lessee may request, unless Tenant requests and Landlord agrees in writing otherwise Lessor shall comply with such request within ten (10) days after Lessor's receipt of such request, at the time it obtains Lessor's approval to make alterations, that Lessor identify in writing any specific item that Lessor requires to be removed at the termination of their construction or installationthis Lease. Notwithstanding any provision of this Lease the foregoing to the contrary, all Lessee shall have no obligation to remove any of Tenant's furniturethe Lessee Improvements made pursuant to EXHIBIT D hereto, equipmentunless specifically identified by Lessor in EXHIBIT D hereto. Any structural and other changes, trade fixturesalterations or additions in or to the Building, supplies and personal property located within the Premises throughout or the term of this Lease shall remain the property of Tenant and Common Areas which may be removed necessary or required by reason of any law, rule, regulation or order promulgated by competent governmental authority shall be made promptly by Lessor after receipt of valid written notice from the Premises by Tenant at any timesuch authorized governmental authority requiring such change, alteration or addition.

Appears in 1 contract

Sources: Office Lease (Shopnow Com Inc)

Alterations. Tenant shall not make any alterations, additions permit alterations in or improvements to the Leased Premises without unless and until the plans have been approved by Landlord in writing. Except as otherwise set forth herein, as a condition of such approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord's prior written consentoption become a part of the realty and the property of Landlord, which Landlord and shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildingsbe removed by Tenant. Tenant shall provide detailed drawings to Landlord for review ensure that all alterations shall be made in accordance with all applicable laws, regulations and approvalbuilding codes, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and of quality equal to or better than the original construction of the Building. Nothing in compliance with all applicable lawsthis Lease shall be construed to constitute a consent by Landlord to the creation of any lien derived through or under Tenant for any labor or material furnished to the Leased Premises. If any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenant, all building codes and all requirements Tenant shall cause such lien to be discharged of insurance policies covering the Buildingsrecord within thirty (30) days of Tenant's actual notice of filing. Tenant shall promptly pay indemnify Landlord from all costs costs, losses, expenses and expenses attorneys' fees in connection with Tenant's construction or alteration in violation of this Lease and any related lien. Notwithstanding anything to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 belowcontrary herein, Tenant shall repair any damage to the Premises arising out of any such may construct only cosmetic, non-structural alterations, additions and improvements, (excluding alterations that impact electrical, mechanical or any of the Building systems or that require that a permit be obtained) ("Alterations") in the Leased Premises without Landlord's prior approval. All such alterations, additions Alterations and improvements (other than Tenant's trade fixtures, modular furniture, equipment and other personal propertyproperty installed in the Leased Premises ("Tenant's Property") shall become Landlordat all times be and remain Tenant's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installationproperty. Notwithstanding any provision of this Lease Except for Alterations which cannot be removed without structural injury to the contraryLeased Premises, at any time Tenant may remove Tenant's Property from the Leased Premises, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in any item of Tenant's furnitureProperty. Prior to the commencement of any Alterations, equipment, trade fixtures, supplies and personal property located within Tenant may request Landlord to advise Tenant in writing whether it reserves the right to require Tenant to remove any such proposed Alterations from the Leased Premises throughout the term upon termination of this Lease Lease. Notwithstanding anything to the contrary herein, if Landlord fails to notify Tenant upon such request that it shall remain require the property removal of such Alterations, then Landlord shall have no right to require Tenant and may be removed from the Premises by Tenant at any timeto remove such Alterations.

Appears in 1 contract

Sources: Lease Agreement (Catapult Communications Corp)

Alterations. Except for any initial improvement of the Demised pursuant to Exhibit "D", which shall be governed by the provisions of said Exhibit "D", Tenant shall not make make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any party thereof, or any fixtures or equipment thereto, without first obtaining Landlord's prior written consent. With respect to any alteration, addition or improvement which Landlord shall does not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to affect the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment structure of the Buildings Building, does not affect any of the Building's systems (e.g., mechanical, electrical or on plumbing), does not diminish the structure capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the BuildingsBuilding, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Tenant shall provide detailed drawings to Landlord for review and approval, which approval Landlord's consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay reimburse Landlord for all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to thereof (including a reasonable charge for Landlord's interest in the Premises to be released promptly overhead), as Rent, within ten (10) days after Tenant receives notice receipt of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvementsa statement. All such alterations, additions additions, and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the TermLease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, unless additions and improvements, in which event, 5 42 notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant requests shall promptly restore, at its sole cost and Landlord agrees in writing otherwise at expense, the time of their construction or installation. Notwithstanding any provision of this Lease Demised Premises to its condition prior to the contraryinstallation of such alterations, all of Tenant's furnitureadditions and improvements, equipment, trade fixtures, supplies normal wear and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timetear excepted.

Appears in 1 contract

Sources: Employment Agreement (Delta Air Lines Inc /De/)

Alterations. Except as set forth herein, Tenant shall not make any alterations, additions or improvements to the Premises without Landlord's the prior written consent, which consent of Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant mayTenant, at its sole own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires, provided that (i) such items do not alter the basic character of the Premises or the Building, (ii) such items do not overload or damage same, (iii) such items may be removed without injury to the Premises, and (iv) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's prior consent’s specifications and requirements. With respect to tenant improvements constructed after Substantial Completion, but on prior notice to LandlordTenant shall be responsible for compliance with The Americans With Disabilities Act of 1990 Landlord shall be responsible for having the shell building and Tenant Improvements upon Substantial Completion comply with The Americans With Disabilities Act of 1990 Without implying any consent of Landlord thereto, make all alterations, additions additions, improvements and improvements partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease. Tenant may remove, either during or at the termination of the Lease, all bus duct, all elements relating to the Premises that will not cost more than $20,000 in any single instance cleaning and that will not have a material adverse effect packaging room, the exhaust system for the grinding and polishing room, the air compressors to run the internal compressed air lines and the outside signage All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment earlier to occur of the Buildings day of termination or on expiration of this Lease or vacating the structure or exterior of the Buildings. Premises, at which time Tenant shall provide detailed drawings restore the Premises to Landlord for review their original condition, wear and approval, which approval shall not be unreasonably withheld, conditioned or delayedtear excepted. Tenant shall perform any such All alterations, additions installations, removals and improvements restorations shall be performed in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements so as not to damage or alter the primary structure or structural qualities of insurance policies covering the BuildingsBuilding or other improvements situated on the Premises or of which the Premises are a part. Tenant shall promptly pay all costs and expenses related is allowed to any such alterationsmake changes to the space upon the Landlord’s consent Tenant is allowed to make, additions and without consent, up to $50,000 per year of improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out subsequent to the construction of the initial Tenant Improvements, if such improvements do not affect the structure of the Building Except for improvements made by the Tenant to the mezzanine level of the Premises, any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain are subject to demolition upon the termination or expiration of this Lease if Landlord notifies Tenant prior to the time that the improvements are constructed that demolition will be required at the Premises as termination or expiration of this Lease Improvements to the mezzanine level of the expiration or earlier Premises may be required to be demolished at the termination of the TermLease If required, unless Landlord must notify Tenant requests and Landlord agrees in writing otherwise of such requirement at the time of their construction or installation. Notwithstanding any provision of this Lease least three (3) months prior to the contrarytermination of the Lease Any demolition required under this provision is to be performed by Tenant, all of at Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any time’s costs.

Appears in 1 contract

Sources: Lease Agreement (DJO Finance LLC)

Alterations. Tenant shall not make any alterations, additions or improvements to the premises without the prior written consent of Landlord. Tenant at its own cost and expense, may erect such shelves, bins, furniture, machinery, liquid nitrogen piping and associated equipment (including a tank and compressor outside the Building), alternate fire suppression system and other trade fixtures as it desires, provided that (i) such items do not alter the basic character of the Premises or the Building, (ii) such items do not overload or damage the Building or any Building systems, (iii) such items may be removed without injury to the Premises, and (iv) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's prior written consent, which Landlord specifications and requirements. Tenant shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at be responsible for the compliance of all of its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance with the Americans With Disabilities Act of 1990 and that will not have a material adverse effect the Texas Architectural Barriers Act. Except for removable furniture, fixtures and equipment, raised computer floor(s), cubical furniture, liquid nitrogen piping and associated equipment (including outside tank and compressor), alternate fire suppression system and de-mountable interior wall panels, all alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Landlord immediately upon installation. All shelves, bins, furniture, machinery, liquid nitrogen piping and associated equipment (including exterior tank and compressor), raised computer floor(s), cubical furniture, alternate fire suppression system(s) and removable trade fixtures installed by Tenant shall be the Property of Tenant and shall be removed by Tenant on or before the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment earlier to occur of the Buildings day of termination or on expiration of this Lease or vacating the structure or exterior Premises, at which time Tenant shall restore the Premises to the condition which existed as of the Buildingscompletion of the Interior Improvements [specifically excluding liquid nitrogen piping and associated equipment (including exterior tank and compressor) and alternate fire suppression system(s)], reasonable wear and tear excepted. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such All alterations, additions installations, removals and improvements restorations shall be performed in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements so as not to damage or alter the primary structure or structural qualities of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and Building or other improvements and shall cause any mechanics' lien which attaches to Landlord's interest in situated on the Premises to be released promptly after Tenant receives notice or of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to which the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeare a part.

Appears in 1 contract

Sources: Lease Agreement (Silicon Laboratories Inc)

Alterations. Tenant shall not make any alterations, additions or improvements (collectively referred to as “Alterations”) to the Premises without Landlord's the prior written consent, which consent of Landlord. Landlord shall not unreasonably withhold, delay or condition; provided, however, be required to notify Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice of whether it consents to Landlord, make alterations, additions any Alterations until it (a) has received plans and improvements specifications for such Alterations which are sufficiently detailed to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment allow construction of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings work depicted thereon to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements performed in a good and workmanlike manner manner, and (b) has had no less than three (3) business days to review them. If the Alterations will affect the Building’s structure then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord and provided to Landlord in compliance a CAD disk format. Landlord’s approval of any plans and specifications shall not be a representation that the plans or the work depicted thereon will comply with all applicable lawslaw or be adequate for any purpose, all building codes and all requirements of insurance policies covering the Buildings. Tenant but shall promptly pay all costs and expenses related merely be Landlord’s consent to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice performance of the same without cost to Landlordwork. Subject to Section 13 belowUpon completion of any Alteration which affects the Building’s structure, Tenant shall repair deliver to Landlord accurate, reproducible as-built plans therefore in a CAD disk format. Tenant may erect and install shelves, bins, machinery, trade fixtures, additional HVAC units, additional electrical panels, air compressors, vacuum pumps, nitrogen tanks, uninterruptible power systems, chillers, or any other machinery or equipment, that Tenant, in its sole opinion, considers necessary for its business (collectively, “Tenant’s Trade Fixtures and Equipment”), provided that such items (1) do not alter the structure of the Building; (2) do not overload or damage the same; and (3) may be removed without material damage to the Premises arising out of any such alterations, additions and improvementsBuilding. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Unless Landlord agrees specifies in writing otherwise, all Alterations shall be Landlord’s property when installed in the Premises. Unless otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease mutually agreed to the contraryin writing by Landlord and Tenant, all of Tenant's furniture’s Trade Fixtures and Equipment shall be removed on or before the earlier to occur of the day of termination or expiration of this Lease, equipment, trade fixtures, supplies at which time Tenant shall repair and personal property located within restore the Premises throughout the term of this Lease shall remain the property of to good condition, reasonable wear and tear excepted. All work performed by a Tenant and may be removed from in the Premises (including that relating to the installations, repair replacement, or removal of any item) shall be performed in accordance with all applicable governmental laws, ordinances, regulations, and in a good and workmanlike manner, and so as not to materially damage or alter the Building’s structure. Tenant shall be responsible for compliance with The Americans With Disabilities Act of 1990 as amended (hereafter “ADA”) or any successor statute to the ADA, in connection with any Alterations made by Tenant at or on behalf of Tenant. Landlord shall be responsible for compliance with the ADA, or any time.successor statute to the ADA, in connection with any Alterations made by or on behalf of Landlord

Appears in 1 contract

Sources: Lease Agreement (Staktek Holdings Inc)

Alterations. Tenant shall not make any no alterations, additions or improvements to the Premises without Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, consent as provided herein and without Landlord's prior consent, but on prior notice to Landlord, make a valid building permit issued by the appropriate governmental agency. To the extent that any alterations, additions and or improvements to the Premises that will constitute "Major Alterations" (as defined below), Landlord may withhold its consent in Landlord's sole and absolute discretion; otherwise, Landlord's consent to any alterations, additions or improvements to the Premises other than Major Alterations shall not cost more than $20,000 in be unreasonably withheld. As used herein, "Major Alterations" shall mean any single instance alterations, additions or improvements (i) which are visible from outside the Premises and/or Building (including design and that will not have a material adverse effect on aesthetic changes), and/or (ii) to the exterior of the Building, the roof of the Building, the heating, ventilatingventilation and/or air conditioning systems serving the Premises, air conditioningthe fire sprinkler, plumbing, electrical, emergency and mechanical and/or any other mechanical systems and equipment serving the Premises, any interior, load-bearing walls and/or the foundation of the Buildings or on the structure or exterior of the BuildingsBuilding. Tenant shall provide detailed drawings notify Landlord in writing at least fifteen (15) days prior to commencement of any such work to enable Landlord for review to post a Notice of Non‑Responsibility or other notice deemed proper before the commencement of such work. Any and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any all such alterations, additions and or improvements in a good and workmanlike manner and in compliance shall comply with all applicable lawsApplicable Laws including, all building codes and all requirements without limitation, obtaining any required permits or other governmental approvals. Upon termination of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to this Lease, any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than including without limitation all electrical, lighting, plumbing, heating and air‑conditioning equipment, doors, windows, partitions, drapery, carpeting, shelving, counters, and physically attached fixtures) made by Tenant shall at once become part of the realty and belong to Landlord unless the terms of the applicable consent provide otherwise, or Landlord requests that part or all of the additions, alterations or improvements be removed. In such case, Tenant's trade fixtures, modular furnitureat its sole cost and expense, equipment shall promptly remove the specified additions, alterations or improvements and personal propertyshall fully repair and restore the relevant portion(s) of the Premises to the condition in which Tenant is otherwise required to surrender the Premises under Paragraph 19.1, provided that Landlord agrees Tenant shall become have no obligation to remove the Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeWork.

Appears in 1 contract

Sources: Office Lease (Nautilus, Inc.)

Alterations. (a) Tenant shall not make any no alterations, additions or improvements in or to the Premises without Landlord's prior written consent, WHICH SHALL NOT BE UNREASONABLY WITHHELD PROVIDED HOWEVER THAT LANDLORD'S CONSENT SHALL NOT BE REQUIRED FOR ANY ALTERATIONS, ADDITIONS OR IMPROVEMENTS IN OR TO THE PREMISES THAT (I) DO NOT COST MORE THAN $2,500 PER WORK OF IMPROVEMENT AND (II) DO NOT EFFECT ANY STRUCTURAL OR EXTERIOR PORTION OF THE BUILDING OR THE BUILDING'S ELECTRICAL, PLUMBING OR HVAC SYSTEMS, EXCEPT THAT LANDLORD'S CONSENT SHALL IN ANY EVENT BE REQUIRED FOR ANY DEMOLITION OF ANY ALTERATION, ADDITION OR IMPROVEMENT IN OR TO THE PREMISES. ALL WORK SHALL BE PERFORMED BY CONTRACTORS OR MECHANICS APPROVED BY LANDLORD AND SHALL BE DONE IN A GOOD AND WORK▇▇▇ ▇▇▇E MANNER. Tenant agrees that there shall be no construction or 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 from time to time designate. Tenant covenants and agrees that all work done by Tenant shall not unreasonably withholdbe performed in full compliance with all laws, delay or condition; providedrules, howeverorders, ordinances, regulations and requirements of all governmental agencies, offices, and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the Insurance Service Offices formerly known as the Pacific Fire Rating Bureau, and of any similar body. Before commencing any work, Tenant mayshall give Landlord at least ten days written notice of the proposed commencement of such work and shall, if required by Landlord, secure at its sole Tenant's own cost and expense, without Landlord's prior consenta completion and lien indemnity bond, but on prior notice satisfactory to Landlord, make alterations, additions for said work. Tenant further covenants and improvements to agrees that any mechanic's lien filed against the Premises that will not cost more than $20,000 in any single instance and that will not or against the Building for work claimed to have a material adverse effect on the heatingbeen done for, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any time.or

Appears in 1 contract

Sources: Office Lease (Brightstar Information Technology Group Inc)

Alterations. Tenant shall not may make any alterations, additions or improvements to the Premises Premises, including any Tenant's Work identified on attached Exhibit C ("Alterations"), with the prior written consent of Landlord, provided that Landlord will not unreasonably withhold or delay its consent to nonstructural Alterations. The term "Alterations" shall not include the installation of shelves, movable partitions, Tenant's equipment, and trade fixtures which may be performed without damaging existing improvements or the structural integrity of the Premises, and Landlord's prior written consent, which Landlord consent shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlordbe required for Tenant's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment installation of the Buildings or on the structure or exterior of the Buildingsthose items. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and complete all Alterations at Tenant's expense in compliance with all applicable lawslaws and in accordance with plans and specifications approved by Landlord, using contractors approved by Landlord, and in a manner so as to not unreasonably interfere with other tenants. Landlord shall be deemed the owner of all building codes and all requirements Alterations except for those which Landlord requires to be removed at the end of insurance policies covering the BuildingsLease term. Tenant shall promptly pay remove all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in Alterations at the Premises to be released promptly after Tenant receives notice end of the same without cost to Landlord. Subject to Section 13 belowLease term unless Landlord conditioned its consent upon Tenant leaving a specified Alteration at the Premises, in which case Tenant shall not remove such Alteration. Tenant shall immediately repair any damage to the Premises arising out caused by removal of Alterations. Notwithstanding the foregoing, Landlord agrees to permit Tenant to install a rooftop antenna and satellite dish, subject to the terms of this paragraph. Prior to installation, Tenant shall submit plans and specifications regarding the antenna and satellite dish installation, the contents and location of which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed. The installation shall be performed by a contractor approved by Landlord, and shall be accomplished in such a way as to not affect or compromise the Building roof warranty. At all times during and after the installation of the antenna and satellite dish, Tenant shall not permit any water penetration as a result of the installation, operation, maintenance, repair or removal of the antenna and satellite dish. Tenant's use and operation of the antenna and satellite dish shall not interfere with any other telecommunications or other system serving the Building or the Property. Tenant shall pay, upon demand, the cost of any such alterations, additions utilities needed to operate the antenna and improvementssatellite dish. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier Upon termination of the Termthis Lease, Tenant shall, unless Tenant requests otherwise directed by Landlord, remove the antenna and Landlord agrees satellite dish, and leave the roof in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timewatertight condition following such removal.

Appears in 1 contract

Sources: Lease Agreement (Virage Logic Corp)

Alterations. After the Commencement Date, Tenant shall not make or permit any alterationsAlterations in, additions on or improvements to about the Premises Premises, except for non structural Alterations costing less than $5,000.00 per calendar year or portion thereof, without Landlord's the prior written consentconsent of Landlord, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval consent shall not be unreasonably withheld, conditioned or delayedand according to plans and specifications approved in writing by Landlord. Notwithstanding the foregoing, Tenant shall perform not, without the prior written consent of Landlord, make any such alterationsalterations (a) to the exterior of the Premises; (b) affecting the building systems within the Premises; (c) penetrating the roof of the Premises-, additions or (d) visible from outside the Premises, to which Landlord may withhold Landlord's consent on wholly aesthetic grounds. -------- All Alterations shall be (i) installed at Tenant's sole expense (ii) comply with all Laws and improvements the CC&R's, (iii) constructed by a licensed contractor reasonably acceptable to Landlord, (iv) completed in a good and workmanlike manner manner, and (v) conform in compliance quality and design with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice as existing on the Commencement Date. No Alteration shall diminish the value of either the same without cost to LandlordPremises or the Land. Subject to Section 13 belowUpon completion of any Alterations, Tenant shall repair any damage to the Premises arising out of any provide Landlord with as-built drawings for such alterations, additions and improvementsAlterations. All such alterations, additions Alterations made by Tenant shall be and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's the property and shall remain at the Premises as of Landlord upon the expiration or earlier sooner termination of this Lease, provided, however, that if Landlord indicated at the time of its consent to such Alterations that Tenant would be required to remove such Alterations at the expiration of the Term, unless then Tenant requests shall, at Tenant's expense, remove any such Alterations so designated by Landlord and Landlord agrees in writing otherwise return the Premises to their condition as of the Commencement Date, normal wear and tear excepted and subject to the provisions of Section 23. In addition, Tenant shall, at the time of their construction or installationLandlord's request remove any Alterations that were installed without Landlord's consent if such consent was required hereunder. Notwithstanding any other provision of this Lease Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the contrary, all Premises. Tenant shall give Landlord written notice of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within intention to perform work on the Premises throughout which might result in any claim of lien at least 20 days prior to the term commencement of this Lease shall remain such work, so that Landlord may post and record a Notice of Nonresponsibility or similar notice. If the property Tenant Improvements or any Alteration of Tenant and may be removed from the Premises by Tenant at any timeresults, or in Landlord's reasonable opinion may result, in labor disruptions, then all such work shall be halted immediately by Tenant until such time as construction can proceed without such disruption.

Appears in 1 contract

Sources: Lease Agreement (International Network Services)

Alterations. Tenant shall not make any alterations, alterations and additions or improvements to the Premises without Tenant’s space except in accordance with plans and specifications therefor first approved by Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned withheld or delayed. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises shall be in Landlord’s sole discretion. Without limiting such standard, Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s reasonable opinion might adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent, in Landlord’s reasonable judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall perform pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $100.00 per hour for the time spent by the construction and property management personnel of Landlord (or an affiliate of Landlord) in reviewing Tenant’s plans under this Section 5.14, plus (ii) third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2; provided, however that at the time of Landlord’s response to Tenant’s request for approval of alterations, additions and/or improvements, Landlord shall upon its review advise Tenant whether and the extent to which any such proposed alterations and improvements are required to be removed. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry worker’s compensation insurance in statutory amounts covering all the contractor’s and subcontractor’s employees and commercial general liability insurance or comprehensive general liability insurance with a broad form comprehensive liability endorsement with such limits as Landlord may reasonably require, but in no event less than $2,000,000.00 combined single limit per occurrence on a per location basis (all such insurance to be written in companies approved by Landlord and naming and insuring Landlord and Landlord’s managing agent as additional insureds and insuring Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance. Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions and or improvements in or to the Building that are required in order to comply with Legal Requirements as a good result of any work performed by Tenant. Landlord shall have the right to provide such rules and workmanlike manner regulations relative to the performance of any alterations, additions, improvements and installations by Tenant hereunder and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in compliance with all applicable laws, all building codes connection therewith to attach to the Premises or the Buildings or the Site and all requirements of insurance policies covering the Buildingsimmediately to discharge any such liens which may so attach. Tenant shall promptly pay all costs and expenses related to any such alterationspay, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 belowas Additional Rent, Tenant shall repair any damage to the Premises arising out 100% of any such alterationsreal estate taxes on the Complex which shall, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination any time after commencement of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction result from any alteration, addition or installation. Notwithstanding any provision of this Lease improvement to the contrary, all of Premises made by Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any time.

Appears in 1 contract

Sources: Lease Agreement (Indevus Pharmaceuticals Inc)

Alterations. Tenant shall not make any alterations, additions or improvements in or to the Premises without first submitting to Landlord professionally prepared plans and specifications for such work and obtaining Landlord's ’s prior written consent, approval thereof which Landlord shall not be unreasonably withhold, delay withheld or condition; provided, however, delayed for interior work which does not affect the Building structure or systems. Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make covenants that it will cause all such alterations, additions and improvements to be performed at Tenant’s sole cost and expense by a contractor approved by Landlord and in a manner which: (a) is consistent with the Premises that will Landlord approved plans and specifications and any reasonable conditions imposed by Landlord in connection therewith; (b) is in conformity with commercial standards; (c) includes acceptable insurance coverage for Landlord’s benefit; (d) does not cost more than $20,000 in any single instance and that will not have a material adverse effect on affect the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment structural integrity of the Buildings Building; (e) does not disrupt the business or on operations of adjoining tenants; and (f) does not invalidate or otherwise affect the structure or exterior of construction and systems warranties then in effect with respect to the BuildingsBuilding. Tenant shall provide detailed drawings to secure all governmental permits and approvals, as well as comply with all other applicable governmental requirements and restrictions. Landlord for review will cooperate in obtaining such permits and approval, which approval shall not be unreasonably withheld, conditioned or delayedappraisals and sign any applications in connection therewith. Tenant shall perform any such Any and all alterations, additions and improvements shall be made at Tenant’s sole expense and, with the exception of trade fixtures, shall become the property of the Landlord, and shall remain in and be surrendered with the Premises as a good part thereof at the termination of this Lease, without disturbance, molestation or injury, unless Landlord otherwise indicates that Tenant must remove such alterations at Tenant’s sole cost and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildingsexpense. Tenant shall promptly pay all costs indemnify, protect, defend and hold Landlord and its employees and agents harmless from damages, claims, suits, losses or expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterationsalteration, additions addition or improvement requested or made by Tenant, including all attorney’s fees, court costs and improvementsother litigation expenses. Tenant agrees that Landlord has the right to make alterations to the Premises, to the Building and to the Project, if required by Law. All such alterations, additions work shall be performed in a manner so as to not interfere with Tenant’s business and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease access to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timePremises.

Appears in 1 contract

Sources: Lease (Andover Medical, Inc.)

Alterations. A. Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) without Landlord's the prior written consentconsent of Landlord, which Landlord consent shall not be unreasonably withholdwithheld or delayed. Tenant may, delay without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixture as it may deem advisable, without altering the basic character of the building or condition; improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of the Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises provided, however, Tenant may, at its sole expense, without Landlord's that if Landlord so elects prior consent, but on prior notice to Landlord, make alterations, additions and improvements to termination of this Lease or upon earlier vacating of the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions additions, improvements and improvements in a good partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and workmanlike manner shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and in compliance with all applicable lawstrade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, all building codes and all requirements shall be removed by the date of insurance policies covering termination of this Lease or upon earlier vacating of the Buildings. Tenant shall promptly pay all costs and expenses related to Premises if required by Landlord; upon any such alterations, additions and improvements and removal tenant shall cause any mechanics' lien which attaches to Landlord's interest in restore the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvementstheir original conditions. All such alterationsremovals and restoration shall be accomplished in good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the Premises B. Tenant shall remove any sumps and clarifiers and any related Hazardous Materials ("Hazardous Materials" shall mean petroleum and petroleum products, additions asbestos, and improvements (other than Tenant's trade fixturesPCBs and any "hazardous substances", modular furniture"hazardous materials", equipment or "toxic substances" in the Comprehensive Environmental Response, Compensation and personal propertyLiability Act of 1980, as amended, the Hazardous Materials Transportation Act, as amended, or the Resource Conservation and Recovery Act, as amended, those substances, materials and wastes which are defined as "hazardous wastes" or as "hazardous substances" in the Washington Health and Safety Code or Labor Code, and "hazardous" or "toxic" in the regulations adopted or publication promulgated pursuant to any of said laws) shall become Landlord's property and shall remain at in or about the Premises as of and associated with ▇▇▇▇▇▇'s use and occupancy thereof upon the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeLease.

Appears in 1 contract

Sources: Lease Agreement (Gargoyles Inc)

Alterations. Tenant shall not make any alterations, additions alterations or improvements (“Alterations”) in or to the Premises without Landlord's ’s prior written consent, which consent shall not be unreasonably withheld for changes which are non-structural and which will not adversely affect (i) the Building’s systems or structure located outside of the Premises or (ii) any other tenant’s use of its premises. Any permitted Alterations must be performed by contractors or mechanics from Landlord’s approved list of contractors as set forth in Exhibit H attached hereto and made a part hereof, or such other reputable contractors or mechanics as Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, approve (which approval shall not be unreasonably withheld, conditioned or delayed); it being agreed, however, that for any Alterations affecting the Building’s systems or structure located outside of the Premises, Tenant must use Landlord’s designated contractor relating to fire safety system of the Building or structural changes (provided that the fees charged by such contractor shall be commercially competitive). Tenant agrees that all Alterations shall perform any such alterations, additions and improvements be performed by Tenant in a good and workmanlike manner and in compliance accordance with all applicable lawsLegal Requirements and Landlord’s abide by Landlord’s reasonable construction requirements then in effect for the Building, all building codes including without limitation, the “Construction Rules and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to Regulations” attached as Exhibit G, except that if there are any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision conflicting provisions of this Lease to and the contraryConstruction Rules and Regulations, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term provisions of this Lease shall remain prevail. Landlord may from time to time make Building wide changes in the property Construction Rules and Regulations, and Tenant shall abide thereby. Tenant agrees to use a reputable engineer and architect licensed in the State of New York approved by Landlord (which approval shall not be unreasonably withheld) for the preparation of all construction documents and drawings pertaining to any Alterations and to file all plans with and obtain all required permits from appropriate governmental authorities. Notwithstanding the foregoing, Landlord’s designated engineer shall review any construction documents or drawings prepared by or on behalf of Tenant in connection with any Alteration that affects the Building’s systems or structure. Tenant’s architect shall file all required architectural drawings and may obtain all necessary permits at Tenant’s cost. Upon receipt thereof, Tenant shall promptly submit to Landlord, copies of all approved plans, permits, applications, final approvals and sign-offs. Upon the request of Tenant, Landlord, at Tenant’s cost, shall join in any applications for any permits, approvals or certificates required to be removed from the Premises obtained by Tenant at in connection with any timepermitted Alteration (provided that the applicable Legal Requirement requires Landlord to join in such application) and shall otherwise cooperate with Tenant in connection therewith.

Appears in 1 contract

Sources: Lease Agreement (CIFC Corp.)

Alterations. Tenant (a) Subtenant shall not make any alterationsalteration, additions improvement, decoration, or improvements installation (collectively, "Alterations") in or to the Premises Subleased Premises, without Landlord's in each instance obtaining the prior written consent, consent of Overlandlord and Sublandlord (which Landlord shall not unreasonably withhold, delay consent of Sublandlord may be withheld or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect conditioned on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment conditions applicable to Overlandlord's approval of Alterations under the ▇▇▇▇▇▇▇▇▇). If any Alterations are made by Subtenant without complying with the terms of the Buildings ▇▇▇▇▇▇▇▇▇ and this Sublease, or on without obtaining the structure prior written consent of Overlandlord and Sublandlord, Overlandlord or exterior of Sublandlord may remove same, and may repair and restore the Buildings. Tenant Subleased Premises and any damage arising from such removal, and Subtenant shall provide detailed drawings to Landlord be liable for review any and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest incurred by Overlandlord or Sublandlord in the performance of such work. In no event shall Subtenant make any Alterations in or to the Subleased Premises if to do so would constitute a default under the ▇▇▇▇▇▇▇▇▇. Notwithstanding anything contained herein to the contrary, Alterations shall not include Subleased Premises Work and Subleased Premises Work shall not have to be released promptly after Tenant receives notice removed by Subtenant at the expiration or earlier termination of this Sublease, unless the terms of the same without cost ▇▇▇▇▇▇▇▇▇ or Overlandlord's consent to Landlord. Subject such Subleased Premises Work require (or permit Overlandlord to Section 13 belowrequire), Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of upon the expiration or earlier termination of the Term▇▇▇▇▇▇▇▇▇ or this Sublease, unless Tenant requests removal of such Subleased Premises Work. (b) If any Alterations are consented to by Overlandlord and Landlord agrees Sublandlord, Subtenant may have such Alterations performed in writing otherwise a good and workerlike manner by contractors and at Subtenant's sole cost and expense, provided that Subtenant has obtained written approval of the time contractor from Overlandlord and Sublandlord. Without limiting any other requirements and conditions which may be imposed by Overlandlord and Sublandlord, such contractor shall be properly licensed, and have a financial condition, experience and past job performance satisfactory to Overlandlord and Sublandlord each in their sole discretion. The design of their construction and plans for all Alterations undertaken by Subtenant shall also be subject to prior written approval of Overlandlord and Sublandlord in accordance with the standards set forth in the ▇▇▇▇▇▇▇▇▇ and any additional reasonable standards of Sublandlord and such Alterations shall not be commenced until such approvals are obtained. If any Alterations are consented to by Overlandlord and Sublandlord, Subtenant shall comply with all applicable provisions of the ▇▇▇▇▇▇▇▇▇ with respect to the performance of such Alterations. With reasonable notice to Subtenant, Overlandlord and Sublandlord shall at all times have the right to inspect the work performed by any contractor selected by Subtenant during normal business hours. In connection with any Alterations, Subtenant shall obtain lien waivers from any contractor or installationother party entitled to protection under the mechanics' lien laws of Massachusetts with each payment made by Subtenant to such contractors or third parties and provide copies of the same to Sublandlord. Notwithstanding Furthermore, Sublandlord may condition its consent to any provision Alterations that cost in excess of $100,000 on Subtenant furnishing a ▇▇▇▇ ▇▇▇▇ or other security satisfactory to Sublandlord prior to the commencement of such Alterations. (c) Upon the expiration or earlier termination of this Lease Sublease, Subtenant shall surrender the Subleased Premises, together with all Alterations and other improvements (including, without limitation, plumbing, lighting, electrical, HVAC, telecommunications (unless Sublandlord otherwise directs), and other items used in the operation of the Subleased Premises), subject only to reasonable wear and tear and to damage, if any, by fire or other casualty. All Alterations in or upon the Subleased Premises made by Subtenant shall become part of and remain in the Subleased Premises upon such expiration or termination without compensation, allowance or credit to Subtenant; provided, however, that upon the expiration or earlier termination of this Sublease, (i) in the event Subtenant makes Alterations in or to the contrarySubleased Premises in violation of the provisions set forth in this Section 9, or (ii) if the terms of the ▇▇▇▇▇▇▇▇▇ or Overlandlord's consent to any Alterations or the Subleased Premises Work require (or permit Overlandlord to require and Sublandlord elects to require the removal of such Alterations by notice to Subtenant given in the same manner by which Overlandlord is required to provide notice of such required removal), upon the expiration or earlier termination of the ▇▇▇▇▇▇▇▇▇ or this Sublease, removal of such Alterations, the Subleased Premises Work or any portion(s) thereof, and/or the restoration of the Subleased Premises by reason of the installation or removal of such Alterations, Subleased Premises Work or any portion(s) thereof, Subtenant shall remove said Alterations and/or Subleased Premises Work and thereafter repair all damage resulting from such removal and restore the Subleased Premises to the condition as of Tenantthe date possession was delivered to Subtenant (or such other condition as required by the ▇▇▇▇▇▇▇▇▇ or Overlandlord' s consent, if applicable). If Subtenant fails or refuses to remove such Alterations and/or Subleased Premises Work or fails to repair and restore the Subleased Premises, Overlandlord or Sublandlord may cause the same to be removed, and repairs and restoration to be made, in which event Subtenant shall reimburse to the party who caused said Alterations and/or Subleased Premises Work to be removed and repairs made, the cost of such removal, repairs and restoration, together with any and all damages which Overlandlord or Sublandlord may suffer and sustain by reason of Subtenant's furniture, equipment, trade fixtures, supplies failure or refusal to remove said Alterations and/or Subleased Premises Work. Subtenant shall surrender to Sublandlord all keys and personal property located within combinations to locks which Subtenant is permitted to leave. If the Premises throughout the term Term of this Lease Sublease (or any portion thereof) expires at or about the date of the expiration of the ▇▇▇▇▇▇▇▇▇ (or any portion thereof), and if Sublandlord is required under or pursuant to the terms of the ▇▇▇▇▇▇▇▇▇ to remove any Alterations and/or Subleased Premises Work, Subtenant shall remain permit Sublandlord to enter the property Subleased Premises for a reasonable period of Tenant time prior to the expiration of this Sublease for the purpose of removing its Alterations and/or Subleased Premises Work and may be removed from restoring the Subleased Premises by Tenant at any timeas required.The obligations of Subtenant as provided in this paragraph shall survive the expiration or earlier termination of this Sublease.

Appears in 1 contract

Sources: Assignment of Sublease and Sub Sublease (CRISPR Therapeutics AG)

Alterations. a. From time to time, Tenant, at Tenant’s cost and expense, may make such non-structural interior 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, shall not be visible from the exterior of the Building, and shall not cost in excess of one hundred thousand dollars ($100,000.00) without Landlord’s written consent. Any alterations or additions to the Leased Premises shall comply with all state and local building codes, laws, ordinances and the Covenants. No alterations or additions shall unreasonably diminish the utilities and building components that service the Leased Premises and the Building. 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 or improvements to the Leased Premises without Landlord's prior Tenant’s written consent, consent which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval consent shall not be unreasonably withheld. Landlord shall not permit any mechanics’ or other liens to stand against the Leased Premises for work or material furnished to Landlord. c. ▇▇▇▇▇▇▇▇ acknowledges and agrees that ▇▇▇▇▇▇’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: (i) acknowledges and agrees that the Trade Fixtures constitute the personal property of Tenant, conditioned and shall not be considered to be part of the Building or delayedLeased Premises, regardless of whether or by what means they become attached thereto; (ii) agrees that it will not claim any interest in such Trade Fixtures; and (iii) agrees that any equipment lessor may enter the Building or Leased Premises for the purpose of exercising any right it may have under the provisions of any equipment lease, including the right to remove such Trade Fixtures, provided that such equipment lessor agrees to repair any damage resulting from such removal and under no circumstances shall be allowed to conduct a sale of the equipment from the Premises. Landlord waives any statutory landlord’s lien and any attachment for Rent on the Trade Fixtures that Landlord may have or may hereafter acquire. d. Any alterations by Tenant shall perform any such alterations, additions and improvements be completed in a good and workmanlike manner manner, with good and sufficient materials, and be in compliance with all applicable governmental authorities, laws, all building codes and all requirements of insurance policies covering the Buildingscodes. Tenant shall promptly upon completion of any Tenant alterations furnish Landlord with as built plans and specifications therefor and copies of any approvals, permits and certificates given by any applicable governmental authorities. In the event any alternations by Tenant result in or cause the Leased Premises, Building or Shopping Center to be subject to any change or modified compliance with any laws, rules or regulations, then Tenant shall pay for and reimburse Landlord for all costs and expenses related or expenses, including management costs, reasonably necessary to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice bring that part or of the same without cost Leased Premises, Building, or Shopping Center into compliance therewith, unless such compliance is provided by Tenant in conjunction with Tenant’s alterations. e. All improvements to Landlord. Subject to Section 13 below, the Leased Premises constructed by Tenant and all fixtures placed on the Leased Premises by Tenant shall repair any damage be deemed the property of Tenant during the Term of this Lease. Upon expiration or earlier termination of this Lease, all improvements to the Leased Premises arising out and all fixtures shall be and become the property of any such alterationsLandlord, additions and improvements. All such alterationsexcept that all equipment, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and Trade Fixtures shall remain the property of Tenant provided Tenant, at its option, removes the Premises as of the same prior to expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installationLease. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease All damage caused by such removal shall remain the property of Tenant and may be removed from the Premises promptly repaired by Tenant at any timeTenant’s expense.

Appears in 1 contract

Sources: Shopping Center Lease (Natural Grocers by Vitamin Cottage, Inc.)

Alterations. Section 10.1 Tenant shall not at any time during the Term make any alterations, additions or improvements alterations (including “Specialty Alterations” defined below) to the Premises without first obtaining Landlord's prior ’s written consentconsent thereto, which consent Landlord shall not unreasonably withhold, delay withhold or conditiondelay; provided, however, that Landlord shall not be deemed unreasonable by refusing to consent to any alterations which are visible from the exterior of the Building or the Project including but not limited to signage, which will or are likely to cause any weakening of any part of the structure of the Premises, the Building or the Project or which will or are likely to cause damage or disruption to the Central Building systems or which are prohibited by any underlying ground lease or mortgage. “Specialty Alterations” are defined as alterations consisting of kitchens, executive bathrooms, raised computer floors, computer, telephone and telecommunications wiring and cabling in the Premises and Building, computer installations, supplemental air conditioning systems, safe deposit boxes, vaults, libraries or file rooms requiring reinforcement of floors, internal staircases, conveyors, dumbwaiters, and other alterations of a similar character which Landlord designates as Specialty Alterations by written notice delivered to Tenant maywhen Landlord approves Tenant’s plans containing such alterations. Should Tenant desire to make any alterations to the Premises, at its sole expenseTenant shall submit all plans and specifications for such proposed alterations to Landlord for Landlord’s review before Tenant allows any such work to commence, without and Landlord shall promptly approve or disapprove such plans and specifications for any of the reasons set forth in this Section 10.1 or for any other reason reasonably deemed sufficient by Landlord's prior consent. Tenant shall select and use only contractors, subcontractors or other repair personnel from those listed on Landlord’s approved list maintained by Landlord in the Project management office. Upon Tenant’s receipt of written approval from Landlord and any required approval of any mortgagee or lessor of Landlord, and upon Tenant’s payment to Landlord of the reasonable costs incurred by Landlord for such review and approval (including a reasonable fee for the actual time spent by employees of Landlord), Tenant shall have the right to proceed with the construction of all approved alterations, but on prior notice to Landlordonly so long as such alterations are in strict compliance with the plans and specifications so approved by Landlord and with the provisions of this Article 10. All alterations shall be made at Tenant’s sole cost and expense. Section 10.2 All construction, make alterations, additions including Specialty Alterations, and improvements repair work done by or for Tenant pursuant to any provision of this Lease shall (a) be performed in such a manner as to maintain harmonious labor relations; (b) not adversely affect the safety of the Project, the Building or the Premises that will or the systems thereof and not cost more than $20,000 in any single instance and that will not have a material adverse effect on affect the heatingCentral systems of the Building; (c) comply with all building, ventilatingsafety, air conditioningfire, plumbing, electrical, emergency and other mechanical systems codes and equipment governmental and insurance requirements; (d) not result in any usage in excess of the Buildings building standard water, electricity, gas, or on the structure other utilities or exterior of the Buildings. Tenant shall provide detailed drawings heating, ventilating or air-conditioning (either during or after such work) unless prior written arrangements satisfactory to Landlord for review are made with respect thereto; (e) be completed promptly and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner manner; and (f) not disturb Landlord or other tenants in compliance with all applicable lawsthe Building. After completion of any alterations to the Premises, all building codes Tenant will deliver to Landlord a copy of “as built” plans and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs specifications depicting and expenses related to any describing such alterations. Section 10.3 All leasehold improvements, alterations, including Specialty Alterations, and other physical additions and improvements and shall cause any mechanics' lien which attaches made to Landlord's interest or installed by or for Tenant in the Premises to shall be released promptly after Tenant receives notice and remain Landlord’s property (except for Tenant’s movable fixtures and movable partitions, telephone and other equipment, computer systems, trade fixtures, furniture, furnishings, and other items of the same personal property which are removable without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements or the Building (other than Tenant's trade fixtures, modular furniture, equipment and personal property’s Property”)) shall become Landlord's property and shall remain not be removed without Landlord’s written consent. Tenant agrees to remove, at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests its sole cost and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contraryexpense, all of Tenant's furniture’s Property, equipmentand, trade fixturesif directed to or permitted to do so by Landlord in writing, supplies all, or any part of, the leasehold improvements, alterations, including Specialty Alterations, and personal property located within other physical additions made by Tenant to the Premises, on or before the Expiration Date or any earlier date of termination of this Lease. Tenant shall repair (which shall include closing up any slab penetrations in the Premises throughout in a good and workmanlike manner), or promptly reimburse Landlord for the term cost of this Lease repairing, closing any such slab penetrations and all damage done to the Premises or the Building by such removal. Tenant shall remain notify Landlord of its intention to effect the closing of any such slab penetrations at least 30 days prior to commencing such closings. Any leasehold improvements, alterations, including Specialty Alterations, or physical additions made by Tenant which Landlord does not direct or permit Tenant to remove at any time during or at the end of the Term shall become the property of Landlord at the end of the Term without any payment to Tenant. If Tenant fails to remove any of Tenant’s Property by the Expiration Date or any sooner date of termination of the Lease or, if Tenant fails to remove any leasehold improvements, alterations, including Specialty Alterations, and other physical additions made by Tenant to the Premises which Landlord has in writing directed Tenant to remove, Landlord shall have the right, on the fifth (5th) day after Landlord’s delivery of written notice to Tenant to deem such property abandoned by Tenant and may to remove, store, sell, discard or otherwise deal with or dispose of such abandoned property in a commercially reasonable manner. Tenant shall be removed from liable for all costs of such disposition of Tenant’s abandoned property, and Landlord shall have no liability to Tenant in any respect regarding such property of Tenant. The provisions of this Section 10.3 shall survive the Premises by Tenant at expiration or any timeearlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Advanced Life Sciences Holdings, Inc.)

Alterations. Tenant shall not make any major alterations, additions additions, or improvements to the Premises without Landlord's the prior written consentconsent of Landlord, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval consent shall not be unreasonably withheld, conditioned withheld or delayed. Tenant shall perform any may, without the consent of Landlord, but at Tenant's own cost and expense and in a good, workmanlike manner, make such minor alterations, additions additions, or improvements or erect, remove, or alter such partitions, or erect such shelves, bins, machinery, and trade fixtures as it may deem advisable, without altering the basic character of the Building or improvements, without affecting the structural or loadbearing elements of the Building or improvements, without overloading or damaging such Building or improvements in a good or any utility systems servicing same, and workmanlike manner without interference to the other occupants of the Building or any other of Landlord's tenants, and in compliance each case complying with all applicable governmental laws, ordinances, regulations, and other requirements. At the termination of this lease, Tenant shall, if Landlord so elects, and at Tenant's sole cost and expense, remove all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions additions, improvements, and improvements partitions erected by Tenant and shall cause any mechanics' lien which attaches to Landlord's interest in restore the Premises to their original condition; otherwise, such improvements shall be released promptly after delivered to Landlord with the Premises. All shelves, bins, machinery, and trade fixtures installed by Tenant receives notice may be removed by Tenant at the termination of the same without cost to this lease, if Tenant so elects, so long as no event of default by Tenant is then in existence, and shall be removed if required by Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterationsremovals and restorations shall be accomplished in a good, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at workmanlike manner so as not to damage the Premises as primary structure or structural qualities of the expiration or earlier termination of Building and other improvements situated on the Term, unless Tenant requests and Landlord agrees Premises. Any fixtures installed in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeother than shelves, bins, machinery, and similar trade fixtures shall become the property of Landlord when installed.

Appears in 1 contract

Sources: Lease Agreement (Si Diamond Technology Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises premises (including but not limited to roof and wall penetrations) without Landlord's the prior written consentconsent of Landlord. Tenant may, which without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery, and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord shall not unreasonably withholdotherwise elects as hereinafter provided, delay remove all alterations, additions, improvements and partitions erected by Tenant restore the premises to their original condition by the date of termination of this lease or conditionupon earlier vacating of the premises; provided, however, Tenant may, at its sole expense, without Landlord's that if Landlord so elects prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment termination of this lease or upon earlier vacating of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approvalpremises, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions additions, improvements and improvements partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering so as not to damage the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice primary structure or structural qualities of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to buildings and other improvements situated on the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timepremises.

Appears in 1 contract

Sources: Lease Agreement (Tekgraf Inc)

Alterations. Except as hereinafter set forth, Tenant shall not make any no alterations, additions or improvements (collectively, “Tenant Changes”) to the Premises (including the Common Areas) or the Building affecting the outside appearance of the Premises or the Building, and/or structural alterations of any kind, and/or alterations affecting basic plumbing, air conditioning, electrical or ▇▇▇▇ safety systems shared with the Common Areas or other tenants’ premises, without Landlord's ’s prior written consent, which Landlord consent shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned withheld or delayed. Tenant Changes (including any air conditioning equipment or devices installed in or upon the Premises) shall perform become the property of Landlord and shall be surrendered with the Premises, as a part thereof, at the end of the term or earlier termination hereof; except that Tenant shall, at the request of Landlord, remove any vaults installed in the Premises. Tenant hereby covenants that, before commencing any Tenant Changes, Tenant shall give Landlord at least twenty (20) business days’ written notice of the proposed commencement of such alterationswork (to afford Landlord an opportunity to post appropriate notices of nonresponsibility). Tenant covenants and agrees that all alterations done by or pursuant to the direction of Tenant shall be performed expeditiously, additions and improvements in a good and workmanlike manner and manner, in full compliance with all applicable laws, all building codes rules, orders, ordinances, directions, regulations and all requirements of insurance policies covering all governmental agencies, offices, departments, bureaus and boards having jurisdiction, in full compliance with the Buildings. Tenant shall promptly pay all costs rules, orders, directions, regulations, and expenses related requirements of the Insurance Service Office or any similar body, and in a manner so as to any such alterations, additions minimize interference with pedestrian and improvements vehicular traffic and shall cause any mechanics' lien which attaches to Landlord's interest other businesses in the Shopping Center. The provisions of this Lease are intended fully to govern the rights and obligations of Landlord and Tenant as they relate to the need for repairs to the Premises. Accordingly, Tenant waives and releases its right to make repairs at Landlord’s expense or to quit the Premises to be released promptly after Tenant receives notice under Sections 1941, 1942(a) and 1932(1) of the same without cost California Civil Code or any similar law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to Landlord. Subject to Section 13 below, Tenant shall repair make any damage repairs to the Premises arising out of any such alterationsthe type allocated to Landlord by this paragraph, additions and improvements. All such alterationswhether or not for the account of Landlord, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become or to terminate this Lease because of Landlord's property and shall remain at ’s failure to keep the Premises as of or the expiration or earlier termination of the TermShopping Center in good order, unless Tenant requests condition and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timerepair.

Appears in 1 contract

Sources: Lease Agreement (Central Coast Bancorp)

Alterations. (A) Tenant agrees that neither Tenant nor anyone claiming under Tenant shall not make any installations, alterations, additions or improvements to or upon the Premises Demised Premises, except only the installation of fixture necessary for the conduct of its business, without Landlord's the prior written consent of Landlord and except for non-structural alterations to the interior of the Building costing, in the aggregate, One Thousand Dollars ($1,000) or less. Notwithstanding any alteration to which Landlord may hereafter, in its sole discretion, consent, which Landlord Tenant shall restore the Demised Premises to the same condition as the Demised Premises were in upon commencement of the term unless otherwise requested in writing by Landlord. Tenant shall not unreasonably withholdbring any additional electrical service into the Demised Premises unless it is brought in underground over a route first approved by Landlord and unless Tenant restores the surface of the ground and other disturbed areas to the reasonably same condition that existed prior to the installation thereof. All installations, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements made to or upon the Demised Premises, whether made by Landlord or Tenant or any other person (except only sign and movable trade fixtures installed in the Demised Premises that will not prior to or during the term of this Lease at the sole cost more than $20,000 in of Tenant or any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment person claiming under Tenant) shall be deemed part of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review Demised Premises and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of upon the expiration or earlier other termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain be at the Landlord's sole discretion either fully restored in accordance with the above provisions of this paragraph or surrendered with the Demised Premises as a part thereof, in good condition and repair, without disturbance, molestation or injury. Movable trade fixtures shall include trade fixtures and other installations not affixed to the realty and trade fixtures and other installations affixed only by nails, bolts, or screws with prior permission of Landlord. (B) Tenant shall procure all necessary permits before making any repairs, installations, uiopalterations, additions, improvements or removals. Landlord shall cooperate with Tenant in obtaining such permits. Tenant agrees that all repairs, installations, alterations, additions, improvements and removals done by Tenant or anyone claiming under Tenant shall be done in a good and workmanlike manner, that the same shall be done in conformity with all laws, ordinances and regulations of all public authorities and all insurance inspection or rating bureaus having jurisdiction, that the structure of the demised premises shall not be endangered or impaired thereby, and that Tenant shall repair any and all damage caused by or resulting from any such repairs, installations, alterations, additions, improvements or removals, including, without limitation, the filling of holes. Tenant shall pay promptly when due all charges for labor and materials in connection with any work done by Tenant or anyone claiming under Tenant to or upon the Demised Premises so that the Demised Premises shall at all times are free of liens. Tenant shall save Landlord harmless from, and indemnify Landlord against, any and claims for injury, loss or damage to persons or property caused by or resulting from the doing of any such repairs, installations, alterations, additions, improvements and removals. If any mechanic's lien or other liens, charges or orders shall be filed against the whole or any part of Demised Premises as the result of the acts or omissions of Tenant or anyone claiming under Tenant or any claim against Tenant. Tenant shall cause the same to be canceled and may be removed from the Premises discharged of record, or fully bonded by Tenant at any timebonding company satisfactory to Landlord, within ten (10) days after notice of filing thereof.

Appears in 1 contract

Sources: Lease Agreement (A123 Systems Inc)

Alterations. Tenant shall not make any alterations, permit alterations or additions in or improvements to the Leased Premises without unless and until the plans have been approved by Landlord in writing, such approval not to be unreasonably conditioned, delayed or withheld. Tenant agrees to pay Landlord's prior written consentreasonable charges for review of any proposed alterations or additions and supervision of any such alterations and additions. As a condition of such approval, which Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations or improvements, except movable office furniture and equipment and trade fixtures, shall at Landlord’s option become a part of the realty and the property of Landlord, and shall not unreasonably withhold, delay or condition; provided, howeverbe removed by Tenant. Notwithstanding anything to the contrary, Tenant mayshall not be required to remove the alterations described in Exhibit “D” (the “Approved Alterations”). In addition to and subject to the provisions of the preceding paragraph, at its sole expense, without Landlord's prior consentincluding, but on prior notice not limited to, Landlord’s consent to Landlord, make alterations, any alterations or additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned withheld or delayed, Landlord and Tenant agree as follows: (a) Tenant shall have the right to install HVAC dry coolers and other HVAC support equipment on the grounds behind the Leased Premises at a location mutually agreed to by Landlord and Tenant. There shall be no charge by Landlord to Tenant associated with the rooftop fixtures and the HVAC dry coolers and other HVAC support equipment located on the grounds behind the Leased Premises. All rooftop installations shall be consistent with governmental codes and shall be installed in a manner so as not to impact any warranties in effect on the roof membrane. Tenant shall have the right to perform an infrared and structural inspection of the roof to insure its integrity. This equipment (1) shall be considered a trade fixture, (2) shall not become a part of the realty and property of Landlord, and (3) shall be removed by Tenant upon the expiration of this Lease. (b) Tenant shall have the right to install security systems to protect its technical areas. Except in the event of imminent danger to property or health, under no circumstance will Landlord or any of its representatives be granted permission to enter any technical areas without being accompanied by an authorized Tenant representative. This equipment (1) shall be considered a trade fixture, (2) shall not become a part of the realty and property of Landlord, and (3) shall be removed by Tenant upon the expiration of this Lease. (c) Tenant shall have the right, at Tenant’s sole cost and expense, to install, operate, maintain, repair and replace for the Lease Term, a maximum 750 kW generator with a 500 to 1,100 gallon fossil fuel above-ground storage tank behind the Leased Premises in the parking lot, as mutually agreed upon by Landlord and Tenant, and in accordance with all local, state and federal laws. The location of the generator will require physical access between the generator location and the computer room/UPS location within the Leased Premises. Tenant shall have the right to test the generators between the hours of 8:00 PM on Friday and 7:00 AM on Monday and during all other times approved by Landlord, such alterationsapproval not to be unreasonably withheld or delayed, and approved by the City of Southfield if necessary. This equipment (1) shall be considered a trade fixture, (2) shall not become a part of the realty and property of Landlord, and (3) shall be removed by Tenant upon the expiration of this Lease. (d) Tenant shall have the right to install a redundant and dedicated Liebert system or equivalent HVAC system in a tonnage sufficient to cool its equipment that will run constantly (24 hours/day and 7 days/week). Tenant shall pay all costs and expenses for said installation and use. Landlord and Tenant shall mutually agree upon the area in which such HVAC system is installed. This equipment (1) shall be considered a trade fixture, (2) shall not become a part of the realty and property of Landlord, and (3) shall be removed by Tenant upon the expiration of this Lease. (e) Tenant shall have the right to demise the technical area with fire-rated walls at Tenant’s sole cost and expense. Tenant shall also be entitled to modify the existing fire suppression system in the Leased Premises independent of any Building fire suppression system and install a “dry” system. Tenant will connect all alarm points to the existing fire protection system for reporting purposes. Tenant shall have the right to relocate any existing wet pipes serving other areas of the Building to non-critical areas (outside of the technical area). Tenant shall have the right to install a waterproof bladder on the floor of the Leased Premises. (f) If windows are present in the technical area, Tenant shall have the right to “block” the window space in the Leased Premises from the inside. Tenant will work with Landlord for approval of the plans and insure that the outside building appearance will not materially change. (g) Tenant shall have the right to reinforce an approximately 1,000 sq. ft. section of the Leased Premises to a 300 lbs/ft live load for battery placement. If Landlord consents to Tenant's performance of alterations or additions to the Leased Premises, Tenant shall ensure that all alterations and improvements which are made or necessitated thereby shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Leased Premises. Landlord's approval of the plans, specifications and working drawings for Tenant's alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all applicable laws, all building codes rules and all requirements regulations of insurance policies covering the Buildingsgovernmental agencies or authorities. Tenant shall promptly pay indemnify, defend, and hold harmless Landlord and its officers, directors, members, managers, employees, contractors and representatives from all costs and expenses related to costs, loss or expense directly or indirectly for or on account of any liens asserted in connection with any labor or material furnished in connection with such alterations; and nothing in this Lease contained shall be construed to constitute a consent by Landlord to the creation of any lien. If any lien is filed against the Park for work claimed to have been done for, additions and improvements and shall cause any mechanics' lien which attaches or material claimed to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 belowhave been furnished to, Tenant, Tenant shall repair cause such lien to be discharged of record within thirty (30) days after filing by bonding or in any damage to the Premises arising out of other lawful manner. Tenant shall indemnify, defend, and hold harmless Landlord and its officers, directors, members, managers, employees, contractors and representatives from all costs, losses, expenses, and attorneys' fees in connection with any such alterations, additions and improvementslien. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) ’s obligations set forth in this Article 7 shall become Landlord's property and shall remain at the Premises as of survive the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeLease.

Appears in 1 contract

Sources: Lease Agreement (Talk America Holdings Inc)

Alterations. (a) Subject to the provisions of this subparagraph (a), Tenant shall not make any alterations, additions or improvements to the Premises (including, but not limited to, roof and wall penetrations) without Landlord's the prior written consentconsent of Landlord, which Landlord consent shall not be unreasonably withhold, delay or conditionwithheld; provided, however, should Tenant submit preliminary plans for making an alteration to the Premises and such plans are in form sufficient for Landlord to review the alteration contemplated by Tenant, Landlord shall respond within ten business days of its receipt of such plans, or the plans and the alteration to be made by Tenant shall be deemed approved. If the plans submitted by Tenant are insufficient for Landlord to review the contemplated alteration, Landlord shall so notify Tenant and Tenant shall revise and resubmit the plans to Landlord but the ten day time period for Landlord to act as aforesaid shall not be deemed to commence until such time as Tenant shall have submitted a sufficient plan to Landlord, as reasonably determined by Landlord. All submissions of plans to Landlord under this paragraph 5 shall be sent in accordance with the provisions of paragraph 20 hereof. Landlord may require as a condition to Tenant making any alteration to the Premises that Tenant restore the Premises to its condition as of the Commencement Date prior to Tenant vacating the Premises. Tenant may, without the consent of Landlord, but at its sole expenseown cost and expense and in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures and remove and replace interior non-structural walls, as it may deem advisable, without Landlord's prior consentaltering the basic character or structure of the Premises or improvements and without overloading or damaging the Premises or improvements, but on prior notice to Landlordand in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Tenant shall not make any alterations, additions and or improvements to the Premises that which will contravene Landlord’s policies insuring against loss or damage by fire or other hazards, including but not cost more than $20,000 limited to commercial general liability, or which will prevent Landlord from securing such policies in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildingscompanies acceptable to Landlord. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform If any such alterations, additions and or improvements in a good and workmanlike manner and in compliance with all cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable lawsto the Premises for permitted uses thereof, all building codes Tenant shall pay as additional rent the amount of any such increase promptly upon demand by Landlord. (b) Any and all requirements of insurance policies covering the Buildings. alterations, additions, improvements, partitions and fixtures erected by Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements be the property of Landlord and shall cause any mechanics' lien which attaches to Landlord's interest in remain at the Premises to be released promptly after Tenant receives notice upon termination of the same Lease or upon earlier vacating of the Premises. All shelves, bins, machinery, trade fixtures and other specialized equipment installed and paid for by Tenant may be removed by Tenant prior to the termination of this Lease provided such removal may be accomplished without cost damage to Landlordthe Premises or to the primary structure or structural qualities of the Building and other improvements situated on the Premises. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out Premises, or to the Building as a result of any such alterationsalteration, additions and improvements. All such alterationsaddition, additions and improvements (other than Tenant's trade fixturesimprovement, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease repair to the contraryPremises, all or the removal of Tenant's furniture, equipment, trade fixtures, supplies and personal property located or trade fixtures by Tenant, its employees, agents, invitees, or contractors to the Premises. Should Tenant fail to conduct any such repair within ten days of written notice from Landlord, Landlord may, at its option, perform same, and Tenant shall remit payment to Landlord for the Premises throughout the term of this Lease shall remain the property of Tenant actual cost and may be removed from the Premises expense incurred by Tenant at any timeLandlord in effecting such repair immediately upon demand.

Appears in 1 contract

Sources: Lease Agreement (Trimeris Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises premises (including, without Landlord's limitation, the roof and wall penetrations) without the prior written consentconsent of Landlord, which Landlord consent shall not be unreasonably withholdwithheld. Tenant may, delay without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building or conditionimprovements and without overloading or damaging such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if at such time Landlord so elects such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and title shall pass to Landlord under this lease as by a ▇▇▇▇ of sale. All shelves, bins, machinery and trade fixtures installed by Tenant maymay be removed by Tenant prior to the termination of this lease if Tenant so elects, at its sole expenseand shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition, without Landlord's ordinary wear and tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements within which the premises are situated. If Landlord shall consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior consentto construction, but on prior notice provide such assurances to Landlord, make alterations(including but not limited to, additions and improvements surety company performance bonds) as Landlord shall reasonably require to protect Landlord against any loss from any mechanics’, laborers’ or materialmen’s liens, or other liens. Notwithstanding the Premises foregoing, Landlord agrees that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheldobligated to remove the remodeling of the existing offices, conditioned or delayed. Tenant shall perform any such alterationsconstruction of new office area adjacent to the existing offices, additions installation of lights and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest heating system in the Premises to be released promptly after Tenant receives notice warehouse which are completed during the first six (6) months of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timelease term.

Appears in 1 contract

Sources: Lease Agreement (Power Solutions International, Inc.)

Alterations. Excepting Landlord's Work, Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises ("Alterations"), either at the inception of this Lease or subsequently during the Term, without Landlord's obtaining the prior written consentconsent of Landlord. No Alterations shall be permitted to the outside dimensions of the Premises or the Building, which 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, unless approved in writing by Landlord. Tenant shall deliver to Landlord full and complete plans and specifications of all requested Alterations, and, any subsequent modifications or additions to such plans and specifications, prior to undertaking same, and as-built plans when completed, and no proposed work shall be commenced or continued by Tenant until Landlord has given its written approval thereof. By approving any request for Alterations submitted by Tenant, Landlord does not unreasonably withhold(i) expressly or implicitly covenant or warrant that any plans or specifications are accurate, delay safe or condition; providedsufficient or that the same comply with any applicable laws, howeverordinances, 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 solely 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. Further, Tenant mayshall indemnify, defend and hold harmless Landlord and the Premises from any loss, cost or expense, including legal fees, incurred by Landlord as a result of any defects in design, materials or workmanship resulting from such Alterations. All Alterations shall become the property of Landlord, unless Landlord directs that such Alterations be removed by Tenant at the expiration or earlier termination of this Lease. In such case, Tenant, at its Tenant's sole expense, without shall remove the Alterations and repair all damage resulting from such removal and shall restore the affected areas to a condition reasonably compatible with the remainder of the Premises as reasonably determined by Landlord, or, at Landlord's prior consentoption, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings pay to Landlord for review all reasonable and approvalnecessary costs arising from such removal and restoration. All Alterations, which approval and all removal of same, shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements done in a good and workmanlike manner and in compliance with all applicable laws, all ordinances, building codes codes, regulations and all requirements orders of insurance policies covering any federal, state, county, municipal or other public authority and of the Buildingsinsurers of the Building. If required by Landlord, Tenant shall secure at Tenant's own cost and expense a completion and lien indemnity bond satisfactory to Landlord for said work. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to reimburse Landlord for Landlord's interest reasonable charges including any professional fees, incurred by Landlord and a review fee of fifteen percent (15%) of the cost of construction of such Alterations for expenses incurred by Landlord or Landlord's designated property management firm for the Project, in reviewing and approving or disapproving plans and specifications for any Alterations proposed by Tenant and/or coordinating and overseeing the Premises construction of such Alterations. Landlord shall be entitled to approve and/or designate the contractors/subcontractors to be released promptly after used to construct Alterations. Tenant receives notice shall indemnify, defend and hold harmless Landlord and Landlord's agents, contractors and employees from and against any liability or damages, and will take all measures necessary to eliminate any negative impact on the operation of the same without cost to LandlordBuilding, resulting from any non-union contractor or subcontractor being used for the Alterations. Subject to Section 13 below, Tenant shall repair require that any damage contractors used by Tenant comply with all requirements for insurance set forth in Article VIII and carry a comprehensive liability insurance policy naming Landlord and any mortgagee designated by Landlord as additional insureds, covering bodily injury in such amounts as set forth in Section 8.01. Tenant shall provide proof of such insurance prior to the Premises arising out commencement of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at work on the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timePremises.

Appears in 1 contract

Sources: Lease Agreement (Sea Coast Foods, Inc.)

Alterations. All Alterations by Tenant must be in accordance with the requirements of this Lease. The Tenant may, provided the Tenant is in compliance with all applicable provisions of this Section 13 make at its sole cost and expense Alterations which are not Material Alterations without the consent of Landlord. Tenant shall not make any alterations, additions or improvements be required to the Premises without obtain Landlord's prior written consent, consent (which Landlord consent shall not be unreasonably withhold, delay withheld or condition; provided, howeverdelayed) with regard to Material Alterations. Before proceeding with any Material Alteration, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings submit to Landlord for review Landlord's approval (which approval or disapproval (with reasons for such disapproval) Landlord shall provide to Tenant within seven (7) days after receipt of such plans and specifications), the name of the contractor and plans and specifications for the work to be done and Tenant shall not proceed with such work until it obtains Landlord's approval, which approval shall not be unreasonably withheld, conditioned withheld or delayed. Tenant In the event that Landlord has failed to approve such plans and specifications within said seven (7) day period, such plans and specifications shall perform any such alterationsbe deemed approved. Tenant, additions at its expense, shall obtain all necessary governmental permits and improvements certificates for the commencement and prosecution of the Alterations and for final approval thereof upon completion and shall cause the Alterations to be performed in a good and workmanlike manner and in compliance 12 accordance with the requirements of all applicable lawsgovernmental authorities. All Alterations shall be diligently performed in a good and workmanlike manner, all building codes using materials and all requirements equipment at least equal in quality and class to the original installations of insurance policies covering the BuildingsPremises. All decorations, additions, improvements or other alterations to the Premises, except for the Tenant's Property, shall, unless Landlord elects otherwise in writing, become the property of Landlord upon the expiration of this Lease, and shall be surrendered with the Premises at the expiration of this Lease. Landlord shall have the right to designate at the time of its approval of any request by Tenant for permission to make Material Alterations to the Premises those items for which Landlord reasonably reserves the right to require Tenant to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall promptly pay all costs and expenses related be in Landlord's reasonable discretion, based upon sound business judgment as to the probable effect of such Material Alteration upon Landlord's ability to re-let the Premises upon the expiration or sooner termination of the Term of this Lease. If required by Landlord in accordance with the foregoing, any such alterations, additions and improvements and shall cause any mechanics' lien which attaches Material Alteration to Landlord's interest in the Premises to shall be released promptly after Tenant receives notice removed at Tenant's expense upon the expiration or sooner termination of the same without cost to Landlord. Subject to Section 13 belowTerm of this Lease and Tenant, Tenant at its expense, shall also repair any damage to the Premises arising out caused by such removal, reasonable wear and tear, casualty, condemnation and Acts of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeGod excepted.

Appears in 1 contract

Sources: Lease Agreement (Anchor Funding Services, Inc.)

Alterations. Tenant covenants and agrees to keep the Leased Premises free of all liens for improvements or otherwise and that it will make no structural change or major alteration without Landlord's written consent in advance, and without first furnishing Landlord fifteen (15) days advance written notice outlining in detail the proposed changes or alterations. Notwithstanding the foregoing, Landlord will permit Tenant to (i) modify the exterior of the Building in accordance with the drawing shown on Exhibit "F" attached hereto and incorporated herein; (ii) modify the stairwell to the second floor as shown on Exhibit "F-1" attached hereto and incorporated herein; and (iii) install or locate an air compressor in the warehouse portion of the Building which Tenant shall not make properly soundproof such air compressor so that no more than 50 dBA can be detected from outside of the Building. Prior to commencement of construction of the alterations, Tenant shall deliver to Landlord the building permit, a copy of the executed construction contract covering the alterations and evidence of contractor's and subcontractor's insurance, such insurance being with such companies, for such periods and in such amounts as Landlord may reasonably require, naming the Landlord as an additional insured. Tenant shall cause all alterations and improvements (including fixtures), constructed or installed in the Building by or on behalf of Tenant to comply with all applicable governmental codes, ordinances, rules, regulations and laws. Tenant acknowledges and agrees that neither Landlord's review and approval of Tenant's plans and specifications nor its observation or supervision of the construction or installation thereof shall constitute any warranty or agreement by Landlord that same comply with such codes, ordinances, rules, regulations and laws or release Tenant from its obligations. Tenant shall be wholly responsible for any accommodations or alterations that are required by applicable governmental codes, ordinances, rules, regulations and laws to be made to the Leased Premises and to the Building as a result of the permitted alterations contained herein to accommodate disabled employees and customers of Tenant, including, without limitation, compliance with the Americans with Disabilities Act (42 U.S.C. §§ 12101 et seq.) and the Texas Architectural Barriers Act (Tex.Rev.Civ.Stat. Art 9201) (collectively, the "Accommodation Laws"). Except for the obligation of Tenant in the immediately preceding sentence, Landlord shall be responsible for compliance with all applicable laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force that affect the remainder of the Building, including without limitation, the Accommodation Laws. Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord from and against all costs (including attorneys' fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises without Landlord's prior written consentLeased Premises, which Landlord shall including but not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice limited to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlordor materialmen's interest liens asserted in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant at any timeconnection therewith.

Appears in 1 contract

Sources: Lease Agreement (Soliton, Inc.)