Common use of Alterations Clause in Contracts

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 have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Building.

Appears in 1 contract

Samples: Lease Agreement (Bank United Corp)

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Alterations. Provided that Tenant has notified shall deliver to Landlord in writing at least ten (10) days prior to the commencement full and complete plans and specifications of any all such alterations, additions or improvements, and no such work within shall be commenced by Tenant until Landlord has given its written approval thereof. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are safe or that the Leased Premisessame comply with any applicable laws, ordinances, etc. Farther, Tenant shall have the right to make non-structural alterations indemnify and hold harmless Landlord from any loss, cost or physical expense, including attorneys’ fees and costs, incurred by Landlord as a result of any defects in design, materials or workmanship resulting from Xxxxxx’s alterations, additions (including fixtures) or improvements to the Leased Premises subject to Premises. All other alterations, additions and improvements shall remain the following limitations: (i) such alterations property of Tenant until termination of this Lease, at which time they shall be and additions will not impair become the structural integrity property of the BuildingLandlord. All altera tions, (ii) such alterations additions, improvements, repairs and additions will not affect the mechanical, electrical, plumbing, heating, air-conditioning, restoration by Tenant hereinafter required or ventilation systems of the Leased Premises, (iii) such alterations and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished permitted shall be done in a good and workmanlike manner manner, incorporating materials of quality equal to or better than those replaced, with finishes comparable to and compatible with adjacent finishes within the Premises and the Building and in accordance compliance with all applicable governmental requirements (including Houston Building Code requirements)laws, (v) ordinances, bylaws, regulations and orders of any federal, state, county, municipal or other public authority and of the insurers of the Building. In addition, all of Tenant’s alterations, additions and improvements shall be constructed in such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject a manner so as to (i) through not unreasonably disturb or otherwise interfere with the use and occupancy of any other tenant of the Building, Phase or Project, (viii) immediately aboveprotect by appropriate means and measures all components of the Premises, Building, Phase and Project from soiling or damage associated with Tenant’s work, and further subject to Landlord's prior reasonable approval (iii) not impose any additional expense or delay upon Landlord in the constructio n of all improvements to, or maintenance or operation of, the Building, Phase and/or Project. Tenant shall, reimburse Landlord for reviewing and approving or disapproving plans and specifications thereforfor any alterations proposed by Xxxxxx. Tenant shall require that any contractors used by Tenant carry a commercial liability insurance policy covering bodily injury in the amounts of Two Million Dollars ($2,000,000.00) per person and Two Million Dollars ($2,000,000.00) per occurrence, Tenant, at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively and covering property damage in the amount of Two Million Dollars ($2,000,000.00). Landlord may increase the amount of insurance coverage required pursuant to this Lease provided that upon expiration or earlier termination of this LeaseSection to reflect inflation, Tenant shall, at Landlord's sole discretion industry cost and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original conditionrecovery experience over time. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require proof of such insurance prior to ensure that commencement of any work on the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the BuildingPremises.

Appears in 1 contract

Samples: Menlo Oaks Corporate Center Lease (E Trade Group Inc)

Alterations. Provided a. Tenant shall make no alterations, additions or improvements in or to the Premises without Landlord's prior written consent,* and then only by contractors or mechanics approved by Landlord; such consents and approvals by Landlord shall not be unreasonably withheld or delayed Tenant shall submit to Landlord plans and specifications for any proposed alterations, additions or improvements to the Premises, and may not make such alterations, additions or improvements until Landlord has approved of such plans and specifications. Tenant shall construct such alterations, additions or improvements in accordance with the plans and specifications approved by Landlord, and shall not amend or modify such plans and specifications without Landlord's prior written consent. If the proposed change requires the consent or approval of any lessor of a superior lease, or the holder of a mortgage encumbering the Premises, such consent or approval must be secured prior to the construction of such alteration, addition or improvement and Landlord agrees to cooperate in obtaining any such consent or approval. Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the building or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. All such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant has notified covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, 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 Office, and of any similar body. Before commencing any work, Tenant shall give Landlord in writing at least ten (10) days prior to written notice of the proposed commencement of any such work within the Leased Premisesand shall, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the following limitations: (i) such alterations and additions will not impair the structural integrity of the Buildingif required by Landlord, (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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, ** secure at Tenant's sole expenseown *unless such alterations, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioningadditions, or ventilation integrity improvements are less than a cost of Five Thousand and No/100 Dollars ($5,000.00), **and other than for the Building.work described in the Work Letter Agreement of even date herewith

Appears in 1 contract

Samples: Letter Agreement (Stac Inc)

Alterations. Provided No alterations, improvements or additions in or to the Premises may be made without Landlord's prior written consent, which shall not be unreasonably withheld or delayed; provided, however, that Tenant has notified Landlord may withhold its consent, in writing at least ten (10) days its sole discretion, to any alteration or addition that would affect the Building's historic tax credits, structure or appearance, or the Building's HVAC, plumbing, electrical, 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 similar equipment, and to control all internal lighting and signs that may be visible from the commencement exterior of the Building. 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 such 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 within performed by Tenant shall be subject to the Leased Premisesprovisions of Section 12 of this Lease and shall be performed at Tenant’s sole cost. Notwithstanding the foregoing, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) 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 directional signage to the Leased Premises subject to off the following limitations: (i) such alterations 3rd floor elevator. All signage must conform with NPS and additions will not impair the structural integrity of the Building, (ii) such alterations SHPO historic restoration guidelines 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements)state, (v) such alterations are not visible from outside the Leased Premisescounty and municipal codes, rules and (vi) Tenant obtains all applicable governmental permits regulations and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's ’s prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, approval. Tenant shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to responsible for all cost and expenses associated with licensing, permitting, creating, installing, maintaining and removing the signage outlined in 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the BuildingSection 10.

Appears in 1 contract

Samples: Lease Agreement

Alterations. Provided that Tenant has notified shall not make any alterations, additions or improvements to the premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense 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 in writing at least ten (10) days otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; such alterations, 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 unless removed as provided above. All shelves, bins machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the commencement 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 work within the Leased Premises, removal Tenant shall have restore the right premises to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the following limitations: (i) their original condition. All such alterations removals 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are restoration shall be accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except so as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld damage the primary structure or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards structural qualities of the Building buildings and will not impair other improvements situated on the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingpremises.

Appears in 1 contract

Samples: Commercial Lease Agreement (Microage Inc /De/)

Alterations. Provided that Tenant has notified shall make no changes in or to the Demised Premises of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this Article, Tenant at 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 expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-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 be discharged by Tenant within thirty (30) days after Tenant receives written notice thereof at Tenant's expense, by filing the bond required by law or otherwise. All fixtures and all paneling, partitions, railings and like installations, installed in writing the Demised Premises at least ten any time, either by Tenant or by Landlord on 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 thirty (1030) days prior to the commencement date fixed as the termination of any such work within this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event the Leased Premises, same shall be removed from the Demised Premises by Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) prior to the Leased Premises subject to the following limitations: (i) such alterations and additions will not impair the structural integrity expiration 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenantlease, at Tenant's sole expense, . Nothing in this Article shall be permitted construed to install internal stairwells between any two floors which Tenant occupies exclusively pursuant give Landlord title to this Lease provided that upon expiration or earlier termination of this Lease, Tenant shall, at Landlord's sole discretion and to prevent Tenant's sole expenseremoval of trade fixtures, remove moveable office furniture and equipment, but upon removal of any such stairwells furniture, fixtures and restore equipment from the Leased Demised Premises to its original condition. Except or upon removal of other installations as expressly provided abovemay be permitted hereunder, Tenant shall not make or allow immediately and at its expense, repair any damage occasioned by such removal. All property permitted to be made any alterations or physical additions (including fixtures) removed by Tenant at the end of the term remaining in or to the Leased Demised Premises or place safesafter Tenant's removal shall be deemed abandoned and may, vaults, filing cabinets, libraries or other heavy furniture or equipment within at the Leased Premises without first obtaining the written consent election of Landlord, not either be retained as Landlord's property or removed from the Demised Premises by Landlord, at Tenant's expense. In order to be unreasonably withheld prevent mechanic's or delayed. Any alterations or physical additions in or materialmen's liens from attaching to the Leased Demised Premises shall be subject or Building, any contractor ("Contractors") or subcontractor ("Subcontractor") performing work for or at the request of Tenant covenants and agrees to any reasonable terms or conditions Landlord may require look only to ensure Tenant for payment under the respective contract and to attain that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Building.further covenants and agrees:

Appears in 1 contract

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

Alterations. Provided that Tenant has notified Landlord 6.1 Except for those, if any, specifically provided for in writing at least ten (10) days prior to the commencement of any such work within the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant Exhibit B 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow suffer to be made any alterations alterations, additions, or physical additions (including fixtures) in improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the Leased Premises or place safesany part thereof or the making of any such improvements as required by Article 7, vaults, filing cabinets, libraries or other heavy furniture or equipment within without the Leased Premises without first obtaining the prior written consent of Landlord, which consent shall not to be unreasonably withheld or delayedwithheld. Any alterations or physical When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions in or and improvements. 6.2 In the event Landlord consents to the Leased Premises making of any such alteration, addition or improvement by Tenant, the same shall be made using Tenant's contractor, subject to approval by Landlord, at Tenant's sole cost and expense. If Tenant shall employ any reasonable Contractor other than Landlord's contractor and such other Contractor or any subcontractor of such other Contractor shall employ any non-union labor or supplier, Tenant shall be responsible for any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a reasonable charge to cover its overhead as it related to such proposed work. 6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all governmental laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance as Landlord shall require to ensure that assure payment of the alterations or additions are in conformity with the standards of costs thereof and to protect Landlord and the Building and will not impair appurtenant land against any loss from any mechanic's, materialmen's or other liens. Tenant shall pay in addition to any sums due to pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of Term as such increase is ascertainable; at Landlord's election said sums shall be paid in the Buildingsame way as sums due under Article 4.

Appears in 1 contract

Samples: Lease (Intelect Communications Systems LTD)

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 have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations material alterations, additions or physical additions (including fixtures) in or improvements to the Leased Premises (defined as alterations, additions or place safesimprovements costing in excess of $5,000.00), vaultsor alterations, filing cabinetsadditions or improvements which affect the structural or mechanical systems of the Building, libraries either at the inception of the Lease or other heavy furniture or equipment within subsequently during the Leased Premises Term, without first obtaining the prior written consent of Landlord, which consent shall not to be unreasonably withheld withheld. Tenant shall deliver to Landlord the contractor's name, references and state license number, as well as full and complete plans and specifications of all such alterations, additions or delayedimprovements, and any subsequent modifications or additions to such plans and specifications, and no proposed work shall be commenced or continued by Tenant until Landlord has received and given its written approval of each of the foregoing. Any alterations Landlord shall either approve or physical disapprove any proposed alteration, addition or improvement on or before fifteen (15) days following receipt of all of the foregoing items. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are accurate, safe or sufficient or that the same comply with any applicable laws, ordinances, building codes, or the like. Further, Tenant shall indemnify and hold Landlord and the Building harmless from any loss, cost or expense, including attorneys' fees and costs, incurred by Landlord as a result of any defects in design, materials or workmanship resulting from Tenant's alterations, additions in or improvements to the Leased Premises Premises. All alterations, additions or improvements shall remain the property of Tenant until termination of the Lease, at which time they shall, unless otherwise elected by Landlord by written notice to Tenant, be and become the property of Landlord. Landlord shall, at the time Tenant seeks Landlord's approval of any such alterations, additions or improvements, notify Tenant whether Landlord will, at the expiration or earlier termination of this Lease, require Tenant to remove any partitions, counters, railings and/or other improvements installed by Tenant during the Term. Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord all costs arising from such removal. All repairs, alterations, additions and restorations by Tenant hereinafter required or permitted shall be subject to done in a good and workmanlike manner and in compliance with all applicable laws and ordinances, building codes, by-laws, regulations and orders of any reasonable terms federal, state, county, municipal or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards other public authority and of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity insurers of the BuildingPremises. If required by Landlord, Tenant shall secure at Tenant's own cost and expense a completion and lien indemnity bond or other adequate security in form and substance reasonably satisfactory to Landlord. Tenant shall reimburse Landlord for Landlord's reasonable charges (including any professional fees incurred by Landlord and a reasonable administrative fee as established by Landlord from time to time) for reviewing and approving or disapproving plans and specifications for any proposed alterations.

Appears in 1 contract

Samples: Lease (Data Critical Corp)

Alterations. Provided that Tenant has notified shall make no changes in or to the ----------- Premises without Landlord's prior written consent. Subject to the prior written consent of Landlord, and 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 panelling, partitions, railings and like installations, installed in the Premises at any time, either by Tenant or by Landlord in writing at least ten 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 (1030) days prior to the commencement 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 work within trade fixtures from the Leased PremisesPremises or upon removal of other installations as may be required by Landlord, Tenant shall have immediately and at its expense repair and restore the right to make non-structural alterations or physical additions (including fixtures) Premises to the Leased Premises subject condition existing prior to installation, and shall repair any damage to the following limitations: (i) Premises on the building due to such alterations and additions will not impair removal. All property permitted or required to be removed by Tenant at the structural integrity end 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 Term remaining in the aggregate cost more than $50,000 Premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlord at Tenant's expense, which right of Landlord shall survive expiration of this Lease. Tenant shall, before making any alterations, additions, installations or improvements, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (excluding carpet upon completion) certificates at final approval thereof and paint)shall promptly deliver duplicates of all such permits, (iv) approvals and certificates to Landlord; and Tenant agrees to carry such alterations Xxxxxxx'x Compensation, General Liability, Personal and additions Property Damage Insurance as Landlord may reasonably require. Tenant agrees to obtain and deliver to Landlord, written and unconditional waivers of mechanic's liens upon the real property in which the Premises are accomplished located, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, sub-contractors; materialmen and laborers to become involved in such work. The work shall be done in a good and workmanlike manner and in accordance compliance with all applicable laws, ordinances, codes, governmental requirements (including Houston Building Code rules, regulations and requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection accordance with such alterations the standards, if any, of the Board of Fire Underwriters, or additionsother organizations exercising the functions of a board of fire underwriters the jurisdiction of which includes the Premises. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided * Notwithstanding Landlord agrees 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 Leased Premises to its original condition. Except as expressly provided above, Tenant consent shall not make or allow be required for any non-structural alterations which amount to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingless than $15,000.00.

Appears in 1 contract

Samples: Lease (Happy Kids Inc)

Alterations. Provided that Tenant has notified Landlord in writing at least ten (10) days prior shall not make any alterations, additions or improvements to the commencement Premises without the prior written consent of any Landlord. Tenant, at is own cost and expense, may erect such work within the Leased Premisesshelves, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the following limitationsbins, machinery and trade fixtures as it desires provided that: (i) such alterations and additions will items do not impair alter the structural integrity basic character of the Building, Premises or the Building and/or improvements of which the Premises are a part; (ii) such alterations and additions will items do not affect overload or damage the mechanical, electrical, plumbing, heating, air-conditioning, or ventilation systems of the Leased Premises, the Building or such improvements; (iii) such alterations items may be removed without injury to the Premises; and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and additions are accomplished with Landlord’s specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, 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 by Tenant, at which time Tenant shall restore the Premises to their original condition except for reasonable wear and tear. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except so as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld damage or delayed. Any alterations alter the primary structure or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards structure qualities of the Building and will not impair other improvements situated on the structuralPremises or of which the Premises are a part. Notwithstanding anything to the contrary contained herein, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity it is agreed that the use of and access to the roof of the BuildingBuilding is expressly reserved to Landlord and is expressly denied to Tenant. Tenant shall not penetrate the roof of the Building in any manner, nor install or construct any alterations, additions or improvements thereon, nor otherwise use or occupy the roof at any time during the Term hereof.

Appears in 1 contract

Samples: Lease Agreement (Thermadyne Holdings Corp /De)

Alterations. Provided that Tenant has notified Landlord Licensee may at its sole cost and expense complete the Alterations generally described in writing at least ten (10) days prior to the commencement of any such work within the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant Exhibit A to this Lease provided that upon expiration or earlier termination of this LeaseLicense. Other than these improvements, Tenant shall, at Landlord's sole discretion and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant Licensee shall not make or allow suffer to be made any alterations alterations, additions or physical additions improvements (including fixturescollectively “Alterations”) in on or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the prior written consent of LandlordLicensor, which consent shall not to be unreasonably withheld or delayed. Any alterations Alterations Licensee is permitted to make shall be made at Licensee’s sole cost and expense except as the parties may otherwise expressly agree in writing. Prior to commencement of construction of the Alterations, Licensee shall deliver to Licensor, and obtain Licensor’s approval of, a detailed construction plan for the Alterations at least thirty (30) days prior to the intended date of commencement of construction, which approval shall not be unreasonably withheld or physical additions delayed. Prior to commencement of construction, Licensee shall also obtain and deliver to Licensor copies of all city, county, and/or other regulatory permits required for construction of the Alterations. Licensee shall keep the Premises fee and clear of all liens of any kind. Licensee shall give the Licensor at least ten (10) days’ prior written notice of commencement of any kind of work on Alterations, so that Licensor may post appropriate notices of non-responsibility, and Licensee hereby grants permission to Licensor to enter onto Premises for that purpose. Licensee at its cost shall provide to Licensor a performance bond equal to 125% of the total estimated cost of any proposed Alterations prior to commencement of work thereon. All work on Alterations shall be performed in a xxxxxxx like manner and shall comply with all applicable governmental permits, laws, ordinances and regulations, including, but not limited to, any procedures promulgated by Licensor. All work on Alterations shall be completed by contractors licensed in the State of California which shall have in place prior to commencement of work the policies of insurance required of Licensee by Section 18 below, as evidenced by a certificate of insurance delivered to and approved by Licensor. Licensor shall have the right to enter onto the Premises and to inspect construction of the Alterations during construction. All Alterations and fixtures, whether temporary or permanent in character, made in or upon or added to the Leased Premises by Licensee shall be Licensor’s property at the end of the License Term without compensation to Licensee, subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards provisions of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the BuildingSection 25 below.

Appears in 1 contract

Samples: Commercial License

Alterations. Provided that Tenant has notified Landlord in writing at least ten (10) days prior to the commencement of may, but shall not be obligated to, make any such work within the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) other improvements or installations to or upon the Leased Premises subject to so long as such alteration, improvement or installation does not reduce the 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 then value of the Leased Premises, but Xxxxxx agrees not to make any structural repairs or structural or material alterations to or upon the Leased Premises (iiias further set forth in numbered Section 4 above) such without, on each occasion, submitting to Landlord the plans and specifications for any proposed structural repairs or structural or material alterations and additions will obtaining the prior written consent of Landlord. Landlord covenants that it shall not in the aggregate cost more than $50,000 (excluding carpet and paint)unreasonably delay or withhold such consent. Tenant agrees that any such alterations, (iv) such alterations and additions are accomplished other improvements or installations made by it shall be done at its sole expense; in a good and workmanlike manner and in accordance conformity with all applicable governmental requirements (including Houston Building Code requirements)valid laws, (v) ordinances and regulations of all public authorities having jurisdiction; that materials of good quality shall be employed therein; that once commenced, such alterations are or improvement will be pursued with due diligence and completed within a reasonable time after commencement of construction; and that the structure of the Leased Premises will not visible from outside be endangered or impaired thereby. Title to all such alterations or other improvements or installations, including Tenant’s Work, shall immediately vest in Landlord and all thereof shall be part of the Leased Premises. Xxxxxx further agrees to indemnify and save Landlord harmless from and against any and all claims, liabilities, costs or expenses, including mechanics’ liens and (vi) Tenant obtains all applicable governmental permits and approvals required attorneys’ fees, arising out of or in connection with any way connected to such alterations alterations, improvements or additionsinstallations. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to Anything in 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 to the Leased Premises to its original condition. Except as expressly provided abovecontrary notwithstanding, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to have neither the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within right nor the Leased Premises without first obtaining obligation at the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards end of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioningTerm, or ventilation integrity of the Buildingany renewal term thereof, to remove, change or restore to their original condition any such alterations, improvements or installations.

Appears in 1 contract

Samples: Lease (BYTE Acquisition Corp.)

Alterations. Provided After prior written consent of Landlord, Tenant, at its sole cost and expense, may make alterations, additions and improvements in the Premises; provided, that Tenant has notified will not be required to obtain Landlord’s consent for any alterations, additions or improvements that cost less than $100,000 in the aggregate for any project. In the performance of such work, Tenant will hold Landlord harmless from any damage, loss or expense, and will comply in writing all material respects with all laws, ordinance, rules and regulations of any public authority, obtaining all necessary permits, approvals or authorizations. Tenant will not allow any liens to be filed against the Premises; in the event of filing of a lien claim Tenant will promptly take such action as may be required to remove the lien, including, without limitation, obtaining a bond, if required. All such alterations, additions and improvements to the Premises (except trade fixtures) will be the property of Landlord, and will be surrendered with the Premises upon the expiration, cancellation, or prior termination of this Lease. Upon demand by Landlord given at least ten thirty (1030) days prior to the commencement end of the Term, Tenant will remove any alterations, additions or improvements made by Tenant, designated by Landlord to be removed, at Tenant’s sole cost and expense, unless such alterations, additions or improvements had previously been consented to by Landlord. In such event, Tenant will repair any damage to the Premises caused by such removal, and return the Premises to their condition prior to making of any such work within the Leased Premisesalterations, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations improvements or additions. Subject to (i) through (vi) immediately aboveAt the expiration, and further subject to Landlord's cancellation, or prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 shallwill have the right to remove all trade fixtures located on the Premises which were installed by the Tenant prior to or after the Effective Date. However, at Landlord's sole discretion in such event, Tenant will repair all damage caused to the Premises by such installation and Tenant's sole expenseremoval, remove such stairwells and restore returning the Leased Premises to its original conditiontheir condition prior to installation of such trade fixtures. Except as expressly provided aboveTrade fixtures will not be deemed to include any heating, Tenant shall not make air conditioning, ventilation, plumbing or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safeselectrical equipment, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not fixtures relating primarily to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards general usage of the Building and will not impair building or Premises, as opposed to fixtures specifically used for the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity operation of the BuildingTenant’s particular type of business or that were installed by Tenant prior to or after the Effective Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (Covenant Transportation Group Inc)

Alterations. Provided that Tenant has notified Landlord in writing at least ten (10) days prior will not make or cause to be made any alterations, additions, or improvements t o or of the Premises or any part of the Premises, or attach any fixture of equipment to the commencement of any such work within the Leased Premises, Tenant shall have the right to make non-structural alterations without first obtaining Landlord's written consent. Any alterations, additions, or physical additions (including fixtures) improvements to the Leased Premises subject consented to the following limitations: (i) such alterations and additions by Landlord 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) be made by Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expensecost and expense according to plans and specifications approved by Landlord, shall and any contractor or person selected by Tenant to make them must first be permitted approved by Landlord. Landlord may require, at its option, that Tenant provide Landlord at Tenant's sole cost and expense a lien and completion bond, or payment and performance bond, in an amount equal to install internal stairwells between twice the estimated cost of any two floors which contemplated alterations, fixtures, and improvements, to insure Landlord against any liability for mechanics' or materialmen's liens and to ensure the completion of such work. All alterations, additions, fixtures, and improvements, whether temporary or permanent in character, made in or upon the Premises either by Tenant occupies exclusively pursuant to this Lease provided that upon expiration or earlier termination Landlord (other than furnishings, trade fixtures, and equipment installed by Tenant), will be Landlord's property and, at the end of the Term of this Lease, will remain on the Premises without compensation to Tenant. If Landlord requests, Tenant shallwill remove all such alterations, at Landlord's sole discretion fixtures, and Tenant's sole expense, remove such stairwells improvements from the Premises and restore return the Leased Premises to its original conditionthe condition in which they were delivered to Tenant. Except as expressly provided above, Upon such removal Tenant shall not make or allow to be made will immediately and fully repair any alterations or physical additions (including fixtures) in or damage to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within occasioned by the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingremoval.

Appears in 1 contract

Samples: Business Center Lease (Ion Networks Inc)

Alterations. Provided that Tenant has notified Landlord in writing at least ten (10) days prior shall not make or permit to be made any alterations, improvements, and/or additions of any kind or nature to the commencement Demised Premises or any part thereof except by and with the prior written consent of Landlord, which consent shall not be unreasonably withheld. Tenant further will not, except for the installation of fixtures as part of Tenant’s Work, cut or drill into or secure any fixture, apparatus, or equipment of any such work within kind to any part of the Leased PremisesDemised Premises without first obtaining Landlord’s consent. In the event Tenant requests Landlord’s consent as required herein, Tenant shall have submit plans and specifications for such alterations to Landlord for approval. Tenant will not paint or decorate any part of the right to make non-structural alterations exterior of the Demised Premises, or physical any part of the interior visible from the exterior thereof, without first obtaining Landlord’s written approval. All alterations, improvements and additions (including fixtures) to the Leased Demised Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and shall be made in accordance with all applicable governmental requirements (including Houston Building Code requirements)laws and shall, (v) such alterations are not visible from outside when made or installed, be deemed to have attached to the Leased Premisesfreehold and to have become the property of Landlord and shall remain for the benefit of Landlord at the expiration or earlier termination of this Lease; provided however, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject if prior to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that upon the expiration or earlier termination of this Lease, Tenant shallor within fifteen (15) days thereafter, at Landlord's sole discretion and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided aboveif Landlord so directs, Tenant shall not make promptly remove the additions, improvements, fixtures and installations which were placed in, upon or allow to be made on the Demised Premises by Tenant and which are designated in said notice and shall repair any alterations or physical additions (including fixtures) damage occasioned by such removal and in or to the Leased Premises or place safesdefault thereof, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require effect said removals and repairs at Tenant’s expense. In the event of making such alterations, improvements and/or additions as herein provided, Tenant does hereby indemnify and save harmless Landlord from all expense, liens, claims or damages to ensure that the alterations either person or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioningproperty arising out of, or ventilation integrity resulting from the undertaking or making of the Buildingsuch alterations, improvements and/or additions.

Appears in 1 contract

Samples: Shopping Center Lease Agreement

Alterations. Provided USER shall not make any permanent alterations, additions or improvements (painting, building walls or structures, constructing improvements that Tenant has notified Landlord in writing at least ten (10) days prior to would damage the commencement Authorized Area upon removal of any such work within the Leased Premisesimprovements, Tenant shall have the right to make non-structural alterations or physical additions (including fixturesinstallation of landscaping, etc.) to the Leased Premises subject Authorized Area or maintain signs or banners without, in each case, obtaining the consent of COUNTY. If any Alterations, additions, or improvements in or to the following limitations: (i) such alterations and additions will not impair the structural integrity Authorized Area are made necessary by reason of the Buildinguse of the Authorized Area by USER and, (ii) provided that COUNTY grants its prior permission to USER regarding such alterations alterations, additions or improvements, USER agrees that it will make all such alterations, additions, and additions will not affect improvements in or to the mechanicalAuthorized Area at its own expense and in compliance with all building codes, electricalordinances, plumbingand governmental regulations pertaining to such work, heating, air-conditioninguse, or ventilation systems of the Leased Premises, (iii) such alterations and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner occupancy and in accordance with the requirements of COUNTY and its Facilities Department. In accordance with indemnification provision set out herein, USER agrees that it will hold COUNTY harmless against all applicable governmental requirements (including Houston Building Code requirements)expenses, (v) such alterations are not visible from outside the Leased Premisesliens, claims, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations damages to either property or person that may or might arise because any repairs, alterations, additions, or improvements are made, except to the extent which results from COUNTY’s negligence or willful misconduct. Subject USER agrees to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenantrestore, at TenantUSER's sole expense, shall be permitted the Authorized Area to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that the same condition as received, reasonable wear and tear excepted, upon the termination or expiration or earlier termination of this LeaseAgreement; provided, Tenant shallhowever, at LandlordCOUNTY may, in its sole discretion, choose to retain any alterations, additions, or improvements and not require USER to remove them. Furthermore, USER agrees to work cooperatively with COUNTY's sole discretion Facilities Director in relation to any alterations, additions, improvements and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or repairs to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the BuildingAuthorized Area.

Appears in 1 contract

Samples: Authorized User Agreement

Alterations. Provided that Tenant has notified Landlord Lessee shall make no changes in writing or to the demised Premises of any nature without Lessor's prior written consent. Subject to the prior written consent of Lessor, and to the provisions of this paragraph, Lessee at least Lessee's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised Premises by using contractors or mechanics first approved by Lessor. All fixtures and all panelling, partitions, railing and like installations, installed in the Premises at any time, either by Lessee or Lessor on Lessee's behalf (including trade fixtures), shall become the property of Lessee and shall remain upon and be surrendered with the demised Premises unless Lessor, by notice to Lessee no later than twenty (20) days prior to the date fixed as the termination of this Lease, elects to have them removed by Lessee, in which event, the same shall be removed from the Premises by Lessee forthwith, at Lessee's expense. Upon removal from the Premises of any installations as may be required by Lessor, Lessee shall immediately and at its expense, repair and restore the Premises to the condition existing prior to installation and repair any damage to the demised Premises or the building due to such removal. All property permitted or required to be removed by Lessee at the end of the term remaining in the Premises after Lessee's removal shall be deemed abandoned and may, at the election of the Lessor, either be retained as Lessor's property or may be removed from the Premises by Lessee at Lessee's expense. Lessee shall, before making any alterations, additions, installations or improvements, 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 Lessor and Lessee agrees to carry and will cause Lessee's contractors and sub-contractors to carry such worker's compensation, general liability, personal and property damage insurance as Lessor may require. Lessee agrees to obtain and deliver to Lessor, written and unconditional waivers of mechanic's liens upon the real property in which the demised Premises are located, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, sub-contractors, materialmen and laborers to become involved in such work. Notwithstanding the foregoing, if any mechanic's lien is filed against the demised Premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Lessee, whether or not done pursuant to this paragraph, the same shall be discharged by Lessee within ten (10) days prior to the commencement of any such work within the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenantthereafter, at TenantLessee's sole expense, shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that upon expiration by payment thereof or earlier termination of this Lease, Tenant shall, at Landlord's sole discretion and Tenant's sole expense, remove such stairwells and restore by filing the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingbond required by law.

Appears in 1 contract

Samples: Complete Wellness Centers Inc

Alterations. Provided that The Tenant has notified Landlord in writing at least ten (10) days prior no rights to carry out any alterations, works or installations to the commencement of any such work within Premises unless it is expressly permitted to do so under this Clause 4.10. The Tenant may, with the Leased PremisesLandlord's consent, carry out works to the Premises to install, alter or remove the shop front. The Tenant shall have the right to make may install, alter and remove tenant's fixtures29 and carry out internal non-structural alterations or physical additions (including fixtures) works to the Leased Premises subject that will not 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 Where the Landlord's consent is expressly required under this Clause 4.10, the Landlord may impose requirements on the Tenant in addition to those contained in Part 5 of the Schedule when giving its consent. Signs and advertisements The Tenant must not display any signs or advertisements on the Premises other than: signs approved by the Landlord; normal trade signs displayed from within the Premises; or signage on the fascia of the Premises that indicates the Tenant's trading name in the style of and consistent with the Tenant's standard fascia signage. The Tenant must maintain either the visibility of the shop interior from the shop front or a window display in keeping with good retailing practice. The Tenant must keep the Premises adequately lit during [the usual trading hours for retail premises in the vicinity of the Premises] [such hours as the Landlord may stipulate]. Obligations at the End Date 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 following limitationsextent 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 (iand the fixtures, plant and equipment in them) such alterations in good decorative order and additions will 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 impair removed all of its property from the structural integrity Premises by the End Date: the Landlord may dispose of that property as the agent of the Building, (ii) such alterations and additions will Tenant after giving the Tenant not affect less than five Business Days' notice of its intention to do so; the mechanical, electrical, plumbing, heating, air-conditioning, or ventilation systems Tenant must indemnify the Landlord against any liability of the Leased Premises, (iii) such alterations and additions will not Landlord to any third party whose property has been disposed of in the aggregate cost more 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. User32 The Tenant must not use the Premises other than $50,000 (excluding carpet and paint)for the Permitted Use.33 The Tenant must not use the Premises: for any illegal activity; as a betting office, (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required an amusement arcade or in connection with such alterations gaming; for any political or additionscampaigning purposes or for any sale by auction;34 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[ and customer] catering facilities ancillary to the Permitted Use. Subject 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 parking spaces within the Premises)]; load or unload any vehicle unless it is in a loading area provided for that purpose; cause any nuisance or damage to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in Landlord or to the Leased owners, tenants or occupiers of any adjoining premises; overload any part of the Premises or place safesany plant, vaultsmachinery, filing cabinetsequipment 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, libraries pipes or other heavy furniture sewers by virtue of any waste, grease or equipment refuse deposited by the Tenant or any cleaning of them carried out by the Tenant; or operate any apparatus so as to interfere with the lawful use of Electronic Communications Apparatus or the provision of Wireless Data Services on any adjoining 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 Leased Premises without unless solely for use in connection with the lawful occupier's business at the Premises[. Landlord's consent must be obtained prior to installation]. [On each day that the Premises are open for trade, the Tenant must arrange the regular collection of any of the Tenant's customer trolleys that have been left outside the Premises.]35 The Tenant must provide the Landlord with the names, addresses and telephone numbers of not fewer than two people who from time to time hold keys and any security access codes to the Premises and who may be contacted in an emergency if the Landlord needs access to the Premises outside the Tenant's 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 or any authorised visitors to the Premises; or for the repair, refuelling or maintenance of any vehicles.] Dealings with the Premises36 The Tenant must not assign, sub-let, charge, hold on trust or part with or share possession or occupation of the Premises in whole or in part, except as authorised under this Clause 4.14[ or Part 7 of the Schedule]. [The Tenant must not assign the Tenant's right to the whole of the Premises[ or sub‑let the Tenant's right to the Premises in whole or in part] during the first obtaining three years of the written Term.] The Tenant may assign the Tenant's right to the whole of the Premises with the Landlord's consent of Landlord, (such consent not to be unreasonably withheld or delayed. Any alterations or physical additions delayed if the prospective tenant is of sound financial standing and demonstrably capable of fulfilling the Tenant's obligations under this Lease),37 except that: the Landlord may refuse consent to assign if the Tenant has not paid in or full the Rent and all other sums due to the Leased Premises shall be 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 terms or conditions to do so; and the Landlord may require any other condition to ensure that the alterations or additions are in conformity with the standards Landlord's consent if it is reasonable to do so. [The provisions of Part 7 of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, airSchedule apply to sub-conditioning, or ventilation integrity lettings of the BuildingPremises and the Tenant 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 charge 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[, a Service Provider] or concessionaire on condition that: 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[ and the Premises retain the appearance of a retail unit in single occupation]; the sharing of occupation ends if the occupier is no longer a Group Company of the Tenant[, a Service Provider] or a concessionaire; [and] the Tenant notifies the Landlord promptly when the occupation ends[; and at any time concessionaires occupy no more than [Insert percentage]% of the sales area of the Premises in aggregate]38.

Appears in 1 contract

Samples: Lease

Alterations. Provided that Except for non-structural alterations costing less than Twenty-Five Thousand Dollars ($25,000.00), Tenant has notified shall not make, or suffer to be made, any alterations, improvements or additions in, on, about or to the Premises or any part thereof, without the prior written consent of Landlord. Any alterations, improvements, or additions shall be made by licensed contractors holding valid building permits issued by the appropriate governmental authority. Copies of all plans and permits for any alterations, improvements or additions shall be delivered to Landlord in writing at least ten (10) days prior to the commencement of work. As a condition to giving such consent, Landlord may request that Tenant agree to remove any such work within alterations, improvements or additions at the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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, and to restore the Premises to their prior condition. Unless Landlord requires that Tenant shallremove any such alterations, improvement or addition, any alteration, addition or improvement to the Premises, except movable furniture and trade fixtures not affixed to the Premises, shall become the property of Landlord upon termination of the Lease and shall remain upon and be surrendered with the Premises at Landlord's sole discretion the termination of this Lease. Without limiting the generality of the foregoing, all heating, lighting, electrical (including all wiring, conduit, outlets, drops, buss xxxts, main and subpanels), air conditioning, partitioning, window coverings, and carpet installations made by Tenant regardless of how affixed to the Premises, together with all other additions, alterations and improvements that have become an integral part of the Building, shall be and become the property of the Landlord upon termination of the Lease, and shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of this Lease. If, during the Lease Term hereof, any alteration, addition or change of any sort to all or any portion of the Premises is required by law, regulation, ordinance or order of any public agency, due to Tenant's sole expenseuse, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided aboveoccupancy, or alterations, Tenant shall not promptly make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building same at its sole cost and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingexpense.

Appears in 1 contract

Samples: Lease Agreement (Arbor Software Corp)

Alterations. Provided that Tenant has notified Landlord Lessee shall not make any improvements, alterations, additions, or changes to the Premises without obtaining the prior written consent of Lessor. If Lessee desires to make any improvements, alterations, additions or changes to the Premises, Lessee shall furnish Lessor with plans and specifications for same, together with a written bid from a licensed contractors reasonably acceptable to Lessor. All costs of construction shall be borne by Lessee. Notwithstanding the foregoing, Lessee shall not make any improvements, alterations, additions or changes of any nature to the exterior or roof of the Premises. All alterations, additions or improvements installed in writing the Premises at least ten any time, either by Lessee or by Lessor on behalf of Lessee, shall become the property of Lessor shall become the property of Lessor and shall remain upon and be surrendered with the Premises unless Lessor, by notice to Lessee not later than twenty (1020) days prior to the commencement of any such work within the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 shallelects to have them removed by Lessee, in which event, the same shall be removed from the Premises by Lessee forthwith at LandlordLessee's sole discretion expense. Nothing contained herein shall be construed to prevent Lessee'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 Lessor, Lessee shall immediately, and Tenant's sole at is expense, remove such stairwells repair and restore the Leased Premises to its original conditionthe condition existing prior to installation and repair any damage to the Premises due to such removal. Except as expressly provided above, Tenant shall not make All property permitted or allow required to be made any alterations or physical additions (including fixtures) removed by Lessee at the end of the term remaining in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises after Lessees removal shall be subject to any reasonable terms deemed abandoned and may, at the election of Lessor, either be retained as Lessor's property or conditions Landlord may require to ensure that be removed from the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the BuildingPremises by Lessor at Lessee's expense.

Appears in 1 contract

Samples: Lease (Austins Steaks & Saloon Inc)

Alterations. Provided that Tenant has notified Landlord Except as otherwise permitted by these Bylaws or the Declaration, no Owner except for Declarant shall make or allow any structural alterations in or to any of his or her Units, or make or allow any change to the Common Elements (including, without limitation, the placement or installation of landscaping), or maintain, decorate, paint, alter or repair any part of the Common Elements or allow others to do so, without the prior consent in writing at least ten (10) days prior of the Board of Directors or, if the Board appoints an Architectural Committee, by such committee. The Board may adopt Rules and Regulations governing alterations pursuant to Section 8.27. In order to maintain healthy indoor air quality in the Units, all adhesives, sealants, paints, coatings, carpet systems, and composite wood products installed in the Units must meet or exceed U.S. Green Building Council’s LEED program definition of low-emitting materials or, if the LEED program is no longer in existence, such other standard selected by the Board. The Board of Directors or the Architectural Committee, if established by the Board, shall consider the granting of consent to any alteration proposed under this Section 8.7 only after the Owner shall submit a complete set of architectural, mechanical, electrical or other relevant plans and specifications, which submission shall be reviewed by such architects and engineers as the Board of Directors or Architectural Committee shall deem appropriate. The Board or Architectural Committee shall provide a copy of such submission materials to the Declarant upon receipt. Whether or not such consent is granted, the Owner shall pay, upon demand and in advance, if so required by the Board of Directors, for such professional review. During the course of construction and after completion of same, the Board of Directors or Architectural Committee, as applicable, shall cause its professional advisors to inspect the work to ensure that it is performed in compliance with the approved plans. The costs of such inspection(s) shall be paid by the Owner to the Board or Architectural Committee upon demand. The Board or Architectural Committee, as applicable, shall provide reasonable advance notice to Declarant of its inspection to Declarant and Declarant or its contractors or agents may, but shall not be obligated to, inspect the work concurrently with the Board’s or Architectural Committee’s professional advisors. Prior to commencement of construction, the Owner shall provide the Board of Directors or Architectural Committee, as applicable, with copies of all relevant building permits and evidence of due compliance with any other requirements of government bodies having jurisdiction regarding such work within work. Except as otherwise permitted by Section 8.17, no signage or graffiti visible from the Leased Premisesexterior of a Unit, Tenant window display, window attachment, or lighting directed from a Unit to its exterior shall be permitted without the prior written approval of the Board of Directors or Architectural Committee, if one is established; provided that this sentence shall not apply to draperies, blinds, and similar window coverings. An Owner may have removed by the right to make non-structural alterations or physical additions (including fixtures) to Association, at such Owner’s expense, a part of the Leased Premises subject to the following limitations: partition wall separating contiguous Residential Units owned by an Owner provided that (i) such alterations removal shall not interfere with any structural support elements or loadbearing partitions or columns or with any pipes, wires, cables, conduits or ducts or other mechanical systems and additions will not impair the structural integrity of the Building, (ii) such alterations and additions will not affect Owner agrees in writing to have the mechanical, electrical, plumbing, heating, air-conditioning, or ventilation systems Association restore such wall at such Owner’s expense in the event that the ownership of the Leased PremisesUnits is subsequently divided. Before proceeding with any approved alterations or improvements, (iii) such alterations the Owner shall, if the Board of Directors or Architectural Committee so requires, provide to the Association, at the expense of the Owner, a performance bond and additions will not a labor and materials bond, issued by a surety satisfactory to the Board of Directors or Architectural Committee, as applicable, each in the aggregate amount of at least 125 percent of the estimated cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with of such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, improvements or such other security as shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or satisfactory to the Leased Premises Board or place safesArchitectural Committee, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Building.as applicable

Appears in 1 contract

Samples: House Agreement

Alterations. Provided that Except for any initial improvement of the Demised pursuant to Exhibit "D", which shall be governed by the provisions of said Exhibit "D", Tenant has notified shall not 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 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 Demised Premises consented to by Landlord in writing at least shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days prior to the commencement after receipt of any a statement. All such work within the Leased Premisesalterations, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premisesadditions, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to improvements shall become Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, property at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that upon the expiration or earlier termination of this Leasethe Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, 5 42 notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shallshall promptly restore, at Landlord's its sole discretion cost and Tenant's sole expense, remove such stairwells and restore the Leased Demised Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or condition prior to the Leased Premises or place safesinstallation of such alterations, vaultsadditions and improvements, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building normal wear and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingtear excepted.

Appears in 1 contract

Samples: Agreement (Delta Air Lines Inc /De/)

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 have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) no changes in or to the Leased Demised Premises or place safesof any nature without Landlord's prior written consent provided, vaultshowever, filing cabinetsthat Tenant may install its switching equipment and may make purely decorative changes such as painting and installation of partitions and carpeting without Landlord's consent, libraries or other heavy furniture or equipment within but upon notice to Landlord. Subject to the Leased Premises without first obtaining the prior written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations delayed and to the provisions of this Article, Tenant at Tenant's expense, may make non-structural alterations, installations, additions or physical additions improvements which do not affect utility services or plumbing and electrical lines, in or to the Leased interior of the Demised Premises using licensed and reputable contractors or mechanics first approved by Landlord. With respect to any work involving the base building electrical service rooms, Tenant must utilize Landlord's designated base building electrician for any and all such work. In accordance with the provisions of this Article 3, Tenant shall have the right subject to applicable legal requirements to install a gaseous fire retardant, either FM 200 or intergin. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord. Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such workxxx'x xxxpensation, general liability, personal and property damage insurance in the amounts specified in Article 45 hereof. 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 be subject discharged by Tenant within thirty (30) days after Tenant receives written notice thereof at Tenant's expense, by filing the bond required by law or otherwise. All interior walls, doors, paneling, partitions, railings and like installations, installed in the Demised Premises at any time, either by Tenant or by Landlord on 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 at the time Landlord approves Tenant's plans, elects to relinquish Landlord's right to such installations 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. Notwithstanding the foregoing, Landlord hereby requires Tenant to remove all of its switching equipment, the backup generator and other appurtenant 3 equipment. Nothing in this Article shall be construed to give Landlord title to or to prevent Tenant's removal of its switching equipment, backup generator, trade fixtures and moveable office furniture and equipment, but upon removal of any such items from the Demised Premises or upon removal of other installations as may be permitted hereunder, Tenant shall immediately and at its expense, repair and restore the Demised Premises to the condition existing prior to installation, reasonable wear and tear excepted, and repair any damage to the Demised Premises or the Building due to 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 (in the case of its backup generator, more than one month following its 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. With respect to any reasonable terms or conditions request for Landlord's consent to any alterations for which Landlord's consent is required, Landlord may require agrees to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structuralreview Tenant's plans within ten (10) business days after receipt thereof, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingfailure by Landlord to respond within said ten (10) business day period being deemed Landlord's approval thereof.

Appears in 1 contract

Samples: Office Lease (PLD Telekom 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 have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, The Tenant shall not make any alterations, additions, or allow to be made any alterations or physical additions (including fixtures) in or improvements to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the Landlord's prior written consent of Landlord, which shall not to be unreasonably withheld or delayed. Any alterations or physical additions in or The Tenant, at is own expense, shall obtain all necessary permits and provide the Landlord with copies before beginning any work. All work shall be performed by contractors designated by the Landlord. All materials used shall be identical to the Leased Premises original materials used to construct the Premises. The Tenant, at its own expense, shall obtain a new certificate of occupancy or a certificate of approval, if necessary, upon completion of any work and shall thereafter provide the Landlord with a copy. At the end of the Term, or upon the rightful termination of this Lease, based on written instructions from the Landlord, WHICH SHALL BE GIVEN BY THE LANDLORD WITH ITS CONSENT FOR SUCH ALTERATIONS, ADDITIONS, OR IMPROVEMENTS TO THE PREMISES, the Tenant, at its own expense, shall either: (a) leave any alterations, additions, or, improvements at the Premises, in which case they shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards property of the Building and will not impair the structuralLandlord or (b) remove any alterations, mechanical, electrical, plumbing, heating, air-conditioningadditions, or ventilation integrity improvements, and restore the Premises to their original condition, excluding normal wear and tear. The Tenant shall promptly notify the Landlord of any lien or mechanic's notice of intention filed by a third party in relation to work or materials for the Tenant's alterations, additions, or improvements. The Tenant, at its own expense, shall have any such lien or mechanic's notice of intention discharged within thirty (30) days from the date on which the Tenant receives notice of the Buildingfiling.

Appears in 1 contract

Samples: Prior Agreement (Aerobic Creations, Inc.)

Alterations. Provided that Tenant has notified Landlord shall make no changes in writing at least ten (10) days prior or to the commencement demised premises of any such work within the Leased Premisesnature without Owner's prior written consent, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the following limitations: (i) such alterations and additions which consent will not impair the structural integrity of the Building, (ii) such alterations and additions will not affect the mechanical, electrical, plumbing, heating, air-conditioning, be unreasonably withheld or ventilation systems of the Leased Premises, (iii) such alterations and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additionsdelayed. Subject to (i) through (vi) immediately abovethe prior written consent of Owner, and further subject to Landlord's prior reasonable approval the provisions of all plans and specifications thereforthis article, Tenant, at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors may make alterations, installations, additions or improvements which Tenant occupies exclusively pursuant to this Lease provided that upon expiration are non-structural and which do not affect utility services or earlier termination of this Leaseplumbing and electrical lines, Tenant shall, at Landlord's sole discretion and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises interior of the demised premises by using contractors or place safesmechanics first reasonably approved in each instance by Owner. Tenant shall, vaultsbefore making any alterations, additions, installations or improvements, 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 Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may reasonably require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within 30 days after notice thereof is given to Tenant, at Tenant's expense, by payment or filing cabinetsthe bond required by law. All fixtures and all paneling, libraries partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other heavy furniture installation as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or equipment within the Leased Premises without first obtaining building due to such removal; provided, however, that Tenant shall not have any obligation to remove any such installation or restore the written consent of demised premises in connection with any installation or alteration approved by Landlord, not . All property permitted or required to be unreasonably withheld or delayed. Any alterations or physical additions removed by Tenant at the end of the term remaining in or to the Leased Premises premises after Tenant's removal shall be subject to any reasonable terms deemed abandoned and may, at the election of Owner, either be retained as Owner's property or conditions Landlord may require to ensure that be removed from the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingpremises by Owner at Tenant's expense.

Appears in 1 contract

Samples: Agreement of Lease (Harvey Electronics Inc)

Alterations. Provided Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”), provided that either (x) Tenant first obtains the written consent of Landlord or (y) the aggregate costs that Tenant has notified Landlord shall incur in writing at least ten order to perform the then-applicable Alterations, together with those costs that Tenant incurred to perform any Alterations during the preceding twelve (1012) days prior to month period do not exceed $1,000, 000 on an aggregate basis, and do not exceed the commencement performance and installation of the Alterations. Additionally, before proceeding with any such work within the Leased PremisesAlterations, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the following limitations: (i) such alterations at Tenant’s expense, obtain all necessary governmental permits and additions will not impair certificates for the structural integrity commencement and prosecution of the Building, Alterations; (ii) if Landlord’s consent is required for the planned Alteration, submit to Landlord, for its written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such alterations Alterations until it has received Landlord’s approval (if required); and additions will not affect the mechanical, electrical, plumbing, heating, air-conditioning, or ventilation systems of the Leased Premises, (iii) such alterations cause those contractors, materialmen and additions will not suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the aggregate cost more than $50,000 (excluding carpet same coverages as required in Section 10.2 above) and paint)workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2. Tenant shall cause the Alterations to be performed in compliance with all applicable permits, (iv) such alterations Laws and additions are accomplished requirements of public authorities, and with Landlord’s reasonable rules and regulations or any other restrictions that Landlord may impose on the Alterations. Tenant shall cause the Alterations to be diligently performed in a good and workmanlike manner manner, using new materials and equipment at least equal in accordance quality and class to the standards for the Property established by Landlord. With respect to any and all Alterations for which Xxxxxxxx’s consent is required, Tenant shall provide Landlord with “as built” plans, copies of all applicable governmental requirements (including Houston Building Code requirements)construction contracts, (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additionscertificates and proof of payment for all labor and materials, including, without limitation, copies of paid invoices and final lien waivers. Subject If Landlord’s consent to (i) through (vi) immediately aboveany Alterations is required, and further subject to Landlord's prior reasonable approval of all plans and specifications thereforLandlord provides that consent, Tenantthen at the time Landlord so consents, Landlord shall also advise Tenant whether or not Landlord shall require that Tenant remove such Alterations at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that upon the expiration or earlier termination of this Lease. If Landlord requires Tenant to remove the Alterations, Tenant shallthen, at Landlord's sole discretion and Tenant's sole expense, remove such stairwells and restore during the Leased Premises to its original condition. Except as expressly provided aboveremainder of the Term, Tenant shall be responsible for the maintenance of appropriate commercial property insurance pursuant to Section 10.2) therefor; however, if Landlord shall not make or allow to be made any alterations or physical additions (including fixtures) in or to require that Tenant remove the Leased Premises or place safesAlterations, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of such Alterations shall constitute Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises ’s Property and Landlord shall be subject responsible for the insurance thereof pursuant to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the BuildingSection 10.1.

Appears in 1 contract

Samples: Argyle Security, Inc.

Alterations. Provided Lessee shall make no additions, changes, alterations or improvements to any Site comprising a part of the Premises that Tenant has notified Landlord are structural, involve any Excavations at any Site or have a cost in writing at least ten (10) days excess of [***]225, without first obtaining Lessor’s prior to written consent, which consent may not be unreasonably withheld, conditioned or delayed if such additions, changes, alterations or improvements do not adversely affect the commencement use or utility of any such work within the Leased Premises, Tenant shall have the right to make . Any non-structural additions, changes, alterations or physical additions (including fixtures) improvements to the Leased Premises subject to the following limitations: (i) such alterations a single Site that have a cost of less than [***]226 and additions will do not impair the structural integrity of the Buildinginvolve Excavations, (ii) such alterations and additions will do 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's require Lessor’s prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayedconsent. Any alterations or physical additions to any buildings or permanent improvements authorized by Lessor shall be made in a good, workmanlike manner, in compliance with all applicable laws, rules and regulations, and in compliance with all insurance policies required to be maintained by Lessee under this Lease, and, unless Lessor otherwise elects at its option, shall upon installation become the property of Lessor and Lessee shall have no right or interest therein except to continue to use and occupy the same during the remainder of the Term of this Lease. If Lessee shall make additions, changes, alterations or improvements to the Leased Premises in excess of [***]227 without Lessor’s prior written consent or otherwise in violation of the provisions hereof, then at the request of Lessor, Lessee shall at its own cost and expense remove from the Premises all additions, changes, alterations or improvements not reasonably acceptable to Lessor, and Lessee shall repair all damage caused by such installation and removal, other than minor and de minimus items. Any actual, reasonable costs incurred by Lessor in removing or disposing of fixtures or repairing damage shall be subject additional rent hereunder. As used herein, the term “Excavations” does not include (x) removal of concrete or asphalt for paving or repaving of parking areas, (y) installation of signs or lighting fixtures or (z) repair or maintenance work to any reasonable terms buried water, sewer or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingother utility lines.

Appears in 1 contract

Samples: Unitary Net Lease Agreement (Getty Realty Corp /Md/)

Alterations. Provided Except as set forth on Exhibit C, Tenant shall not make or cause to be made any alterations, additions or improvements to the Premises without first obtaining Landlord’s written approval with respect to the work and the contractor which will perform the same, which may be withheld in Landlord’s sole discretion. Tenant shall present to Landlord written plans and specifications for such work and the proposed contract with the contractor at the time such approval is sought. In the event Landlord consents to the making of any alterations, additions or improvements to the Premises by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense. All such alterations, additions and improvements shall be performed (a) In a first-class and workmanlike manner and diligently prosecuted to completion so that, except as absolutely necessary during the course of such work, the Premises shall at all times be a complete operating unit; (b) strictly in accordance with all laws and ordinances relating thereto; and (c) In a manner that will not obstruct access to any portion of the Building. If Landlord authorizes persons requested by Tenant has notified Landlord in writing at least ten (10) days to perform such work, prior to the commencement of any such work within the Leased Premiseswork, Tenant shall have the right on request deliver to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the following limitations: (i) such alterations and additions will not impair the structural integrity Landlord copies 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental building permits and approvals required by law and certificates issued by applicable insurance companies evidencing that workmen’s compensation, public liability and property damage insurance are in connection force and effect and are maintained by all contractors and subcontractors engaged by Tenant to perform such work; provided, that such insurance shall be in amounts, with such alterations or additions. Subject to (i) through (vi) immediately above, companies and further subject on forms which are satisfactory to Landlord's , in its sole discretion. Each certificate representing such insurance shall provide that such insurance may not be cancelled without fifteen (15) days’ prior reasonable approval written notice to Landlord. Upon completion of the work, a supplemental certificate of occupancy will be delivered to Landlord evidencing that all plans required governmental approvals with respect to the work have been granted. Any alterations, additions or improvements to the Premises, including, but not limited to, wallcovering, paneling and specifications thereforbuilt-in cabinet work, Tenant, at Tenant's sole expensebut excepting movable furniture and equipment, shall 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 at once become a part of this Lease, Tenant shall, at Landlord's sole discretion the Property and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity surrendered with the standards Premises unless Landlord otherwise elects at the end of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingterm hereof. NOTES TO LEASE – page 4.

Appears in 1 contract

Samples: Lease Agreement (CHG Healthcare Services, Inc.)

Alterations. Provided that Tenant has notified Landlord in writing at least ten (10) days prior shall not make any alterations, additions or improvements to the commencement Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of any such work within the Leased Premises, Tenant shall have the right Landlord. If Landlord consents to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expensecontractors doing the work, shall 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 shallLandlord may require, at Landlord's sole discretion and option, that Tenant provide, at Tenant's sole expense, remove such stairwells a lien and restore 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 Leased Premises to its original conditioninsure Landlord against any liability or mechanic's and materialmen's liens which may arise in accordance with Paragraph 23 of this Lease Agreement and to insure completion of the work. Except as expressly provided aboveTenant may, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to without the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written 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 the building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements, and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions, improvements, and partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord. Upon any such removal, Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to be unreasonably withheld damage the primary structure or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards structural qualities of the Building building and will not impair other improvements situated on the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the BuildingPremises.

Appears in 1 contract

Samples: Lease Agreement (Industrial Data Systems Corp)

Alterations. Provided that Tenant has notified Landlord in writing at least ten (10) days prior shall not make or cause to be made any ----------- alterations, additions or improvements or install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, or shades or awnings, or make any other changes to the commencement Premises without first obtaining Landlord's written approval, which approval shall not be unreasonably withheld. Tenant shall present to the Landlord plans and specifications for such work at the time approval is sought. In the event Landlord consents to the making of any alterations, additions, or improvements to the Premises by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense. All such work within the Leased Premiseswith respect to any alterations, Tenant additions, and changes shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished be done in a good and workmanlike manner and diligently prosecuted to completion. Any such alternations, additions, or changes shall be performed and done strictly in accordance with all applicable governmental requirements (including Houston Building Code requirements)laws and ordinances relating thereto. In performing the work or any such alterations, (v) additions, or changes, Tenant shall have the same performed in such alterations are a manner as not visible from outside to obstruct access to any portion of the Leased Building. Any alterations, additions, or improvements to or of the Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately aboveincluding, but not limited to, wallcovering, paneling, and further subject to Landlord's prior reasonable approval built- in cabinet work, but excepting movable furniture and equipment, shall at once become a part of all plans the realty and specifications thereforshall be surrendered with the Premises unless Landlord otherwise elects at the end of the term hereof. No change or alteration shall weaken, Tenanteither temporarily or permanently, at Tenant's sole expensethe structure of the Building nor when completed, shall be permitted of such character as to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that upon expiration or earlier termination (1) affect adversely the value of this Lease, Tenant shall, at Landlord's sole discretion and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within Land; (2) reduce the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity cubic content of the Building; or (3) diminish the general utility of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Teltrust 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 have the right to make Except for non-structural additions or alterations or physical additions (including fixtures) to the Leased Premises subject to the following limitations: (i) such alterations and additions will which do 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished 50,000.00 in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided aboveaggregate, Tenant shall not make or allow to be made any alterations alterations, installations, additions, or physical additions (including fixtures) improvements in or to the Leased Premises or place safesinstall any equipment or machinery (other than standard office equipment and unattached personal property), vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the Landlord's prior written consent of Landlord, (which shall not to be unreasonably withheld or delayed). Should Tenant desire to perform any alterations, Tenant shall submit plans and specifications for same to Landlord for Landlord's written approval before beginning such work. Upon receipt by Tenant of the written approval of Landlord of such plans and specifications, and upon payment by Tenant to Landlord of the reasonable fees (not to exceed $500.00) incurred by Landlord to have such plans and specifications reviewed, Tenant may proceed to make such approved alterations so long as they are in compliance with such approved plans and specifications and are performed by a contractor approved by Landlord. Any alterations or and all such alterations, physical additions or improvements, including those improvements made at the Tenant's expense or under any agreement with the Tenant whereby the Tenant is given an allowance or rent reduction in exchange for Tenant's agreement to install or allow to be installed lease improvements, such as by way of example, but not limitation, wall coverings, floor coverings or carpet, paneling, doors, cabinets, appliances (such as built-in refrigerators and dishwashers) and hardware, shall become the Leased property of Landlord at the expiration or termination of this Lease or the termination of Tenant's right to possession of the Premises and shall in no event be subject to any reasonable terms or conditions removed by Tenant; provided, however, that Landlord may require Tenant, at Tenant's cost, to ensure that remove any or all of such items upon the alterations expiration or additions are termination of this Lease or the termination of Tenant's right to possession of the Premises and, at Tenant's expense, repair any damage caused by such removal. All installations shall be at Tenant's sole cost and expense. Without in conformity any way limiting Landlord's consent rights, Landlord shall not be required to give its consent until (a) Landlord approves the contractor or person making such and approves such contractor's insurance coverage to be provided in connection with the standards work, (b) Landlord approves final and complete plans and specifications for the work and (c) the appropriate governmental agency, if any, has approved the plans and specifications for such work. All work performed by Tenant or its contractor relating to the installations shall conform to applicable governmental laws, rules and regulations, including, without limitation, the Disability Acts. Upon completion of the installations, Tenant shall deliver to Landlord "as built" plans. If Landlord performs such installations, Tenant shall pay Landlord, as additional Rent, the cost thereof plus fifteen percent (15%) as reimbursement for Landlord's overhead. Each payment shall be made to Landlord within twenty (20) days after receipt of an invoice from Landlord. All work performed by Tenant with respect to the Premises shall (a) be performed so as not to alter the exterior appearance of the Building, (b) be performed so as not to adversely affect the structure or safety of the Building, (c) comply with all building, safety, fire, and other codes and governmental and insurance requirements, (d) be performed so as not to result in any usage in excess of Building and will not impair the structuralStandard quantities of water, mechanicalelectricity, electrical, plumbinggas, heating, ventilating, or air-conditioningconditioning (either during or after such work) unless prior written arrangements reasonably satisfactory to Landlord are made with respect thereto, (e) be completed promptly and in a good and workmanlike manner and in a quality equivalent to Building Standard, (f) be performed at Tenant's expense and at such times and in such manner as Landlord may designate from time to time to insure minimum disruption to other tenants in the Building, and (g) be performed in such a manner that no valid mechanic's, materialman's, or ventilation integrity other similar liens be attached to Tenant's leasehold estate and in no event shall Tenant permit, or be authorized to permit, any such liens (valid or alleged) or other claims to be asserted against Landlord or Landlord's rights, estates, and interests with respect to the Project or this Lease. Landlord will have the right, but not the obligation, to inspect periodically the work in the Premises. If any mechanic's lien is filed against the Premises or the Project or any portion thereof, Tenant shall cause same to be discharged within thirty (30) days after the lien is filed by paying or bonding over said lien. If Tenant fails to comply with the foregoing sentence, Landlord shall (without limitation of its other rights or remedies) have the Buildingright, but not the obligation, to discharge said lien and Tenant shall immediately reimburse Landlord for any sum of money expended by Landlord in connection with obtaining such discharge (together with an additional fifteen percent (15%) thereof to cover Landlord's administrative costs), which amount shall be deemed to be Rent hereunder for all purposes. Landlord may require (prior to commencement of construction), at Tenant's sole cost and expense, a lien and completion bond in an amount equal to the estimated cost of any improvements, additions or alterations in the Premises which have been approved by Landlord.

Appears in 1 contract

Samples: Lease (Carreker Antinori Inc)

Alterations. Provided Tenant may, from time to time, at its expense, make alterations, installations or improvements in and to the Premises (hereinafter collectively referred to as “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 have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant first obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, which consent shall not to be unreasonably withheld withheld, conditioned or delayed. Any alterations or physical additions in or Landlord will respond to Tenant’s request for consent within twenty (20) business days of Landlord’s receipt of such request. All of the Leased following shall apply with respect to all Alterations: (a) the Alterations are non-structural and the structural integrity of the Premises shall not be subject to any reasonable terms or conditions Landlord may require to ensure that adversely affected; (b) the alterations or additions are in conformity with the standards proper functioning of the Building and will not impair the structural, mechanical, electrical, plumbingheating, heatingventilating, air-conditioningconditioning (“HVAC”), or ventilation integrity sanitary and other service systems of the Building.Premises shall not be adversely affected; (c) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; and (d) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Landlord, for its written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2 above) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2. Tenant shall cause the Alterations to be performed in compliance with all applicable permits, Laws and requirements of public authorities. Tenant shall cause the Alterations to be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the standards for the Premises established by Landlord. Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, governmental permits and certificates and proof of payment for all labor and materials, including, without limitation, copies of paid invoices and final lien waivers. If Landlord consents to any such Alteration then at the time Landlord so consents, Landlord shall also advise Tenant whether or not Landlord shall require that Tenant remove such Alterations at the expiration or termination of this Lease. If Landlord requires Tenant to remove the Alterations, then, during the remainder of the Term, Tenant shall be responsible for the maintenance of appropriate commercial property insurance (pursuant to Section 10.2) therefor; however, if Landlord shall not require that Tenant remove the Alterations which are permanent

Appears in 1 contract

Samples: Dendreon Corp

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 have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make any alterations, additions or allow to be made any alterations or physical additions (including fixtures) in or improvements to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within premises without the Leased Premises without first obtaining the prior written consent of Landlord, (such consent shall not be unreasonably withheld). Tenant may, without the consent of Landlord, but at its 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 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, provided, however, that Tenant shall, if Landlord so elects, 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; otherwise such improvements shall become the property of Landlord as of the date of the expiration of the term of this lease (as such term may be extended pursuant to any renewals, extensions or holdover period) an d 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 if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to be unreasonably withheld damage the primary structure or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards structural qualities of the Building buildings and will not impair other improvements situated on the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingpremises.

Appears in 1 contract

Samples: Lease Agreement (Powin Corp)

Alterations. Provided that Tenant has notified Landlord shall make no changes in writing at least ten (10) days prior or to the commencement demised premises of any such work within the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paintnature without Owner’s prior written consent(3.4), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to the prior written consent of Owner (i) through (vi) immediately above3.4), and further subject to Landlord's prior reasonable approval the provisions of all plans and specifications thereforthis article, Tenant, at Tenant's sole ’s expense, shall be permitted to install internal stairwells between any two floors may make alterations, installations, additions or improvements which Tenant occupies exclusively pursuant to this Lease provided that upon expiration are non-structural and which do not (3.3)affect utility services or earlier termination of this Leaseplumbing and electrical lines, Tenant shall, at Landlord's sole discretion and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises interior of the demised premises by using contractors or place safesmechanics first approved in each instance by Owner. (3.4) Tenant shall, vaultsbefore making any alterations, additions, installations or improvements, 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 Owner and Tenant agrees to carry and will cause Tenant’s contractors and sub-contractors to carry such xxxxxxx’x compensation, general liability, personal and property damage insurance as Owner may(3.2) 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 done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within 30 days thereafter, at Tenant’s expense, by payment or filing cabinetsthe bond required by law. All fixtures and all paneling, libraries partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner or Tenant’s behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises (3.5) fixed as the termination of this lease, elects to relinquish Owner’s rights thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expiration of the lease,. 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(3.1), but upon removal of any such from the premises or upon removal of other heavy furniture installation as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or equipment within the Leased Premises without first obtaining the written consent of Landlord, not building due to such removal. All property permitted or required to be unreasonably withheld or delayed. Any alterations or physical additions removed by Tenant at the end of the term remaining in or to the Leased Premises premises after Tenant’s removal shall be subject to any reasonable terms deemed abandoned and may, at the election of Owner, either be retained as Owner’s property or conditions Landlord may require to ensure that be removed from the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingpremises by Owner at Tenant’s expense.

Appears in 1 contract

Samples: Swiss Army Brands 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 have the right not make any leasehold improvements, alterations, additions, or renovations to make non-structural alterations or physical additions (including fixtures) to paint, wallpaper or redecorate, any part of the Leased Premises subject to (interior or exterior), including construction of built-in furniture such as lofts, desks or counters, without the following limitations: (i) such alterations and additions will not impair prior written consent of Landlord, which consent may be granted or withheld in Landlord's sole discretion. Tenant may install or permit the structural integrity occupants of the Building, (ii) such alterations House to install pictures 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 curtains in the aggregate cost more than $50,000 (excluding carpet individual student rooms in the House without obtaining Landlord's consent. Tenant shall cause any work consented to by Landlord to be performed at Xxxxxx's expense, promptly and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements“Tenant’s Work”), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make permit or allow suffer a lien to be made any alterations or physical additions (including fixtures) in or attached to the Leased Premises as the result of Xxxxxx’s Work. Any lien on the Lease Premises related to Tenant’s Work shall be discharged by Tenant immediately and Landlord shall be reimbursed by Tenant for any expense or place safesliability incurred by Landlord as the result of such lien. All such work shall comply with all laws, vaultsorders, filing cabinetsrules, libraries regulations and requirements of any governmental authority affecting the same. Any contractor to be used by Tenant to perform any such work must first be approved in writing by Landlord, which approval shall not be unreasonably withheld. The approval by Landlord of any plans, specifications or other heavy furniture or equipment within contractors shall not constitute the Leased Premises without first obtaining assumption of any liability on the written consent part of Landlord, not to be unreasonably withheld or delayed. Any such improvements, alterations or physical and additions in or to the Leased Premises made by Tenant shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards sole property of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the BuildingLandlord.

Appears in 1 contract

Samples: House Corporation and Chapter Lease

Alterations. Provided that Absent Landlord’s verbal consent, Tenant has notified Landlord in writing at least ten (10) days prior may make no alterations to the commencement of any such work within the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additionsOffice. Subject to (i) through (vi) immediately above, and further subject to With Landlord's prior reasonable approval of all plans and specifications therefor’s verbal consent, Tenant, at Tenant's Txxxxx’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Landlord shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Landlord shall deliver duplicate or certified copies to Tenant of each and every one. Tenant shall carry and cause to be permitted carried by each contractor and sub- contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to install internal stairwells between any two floors which Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant occupies exclusively pursuant or 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 Leased Premises to its original condition. Except as expressly provided aboveOffice, Tenant shall not make pay or allow cause to be made any alterations paid or physical additions file a bond in the amount stated in the mechanic’s lien within thirty (including fixtures30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in or the Office upon Txxxxx’s surrender of same. However, Landlord may relinquish such right of ownership to the Leased Premises or place safesinstallations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, vaultsin which event, filing cabinetsthey shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, libraries or other heavy office furniture or and equipment within which can be easily moved. Upon the Leased Premises without first obtaining Termination Date and surrender of possession of the written consent of LandlordOffice, not Tenant shall remove all personal property and installations to be unreasonably withheld or delayedwhich Lxxxxxxx’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any alterations or physical additions and all property of Tenant remaining in or to the Leased Premises Office after the Termination Date shall be subject to any reasonable terms or conditions deemed abandoned by Tenant and Landlord may require to ensure that the alterations either retain such abandoned property or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Building.may remove such abandoned property at Tenant’s expense

Appears in 1 contract

Samples: Lease Amendment Agreement (Nano Nuclear Energy Inc.)

Alterations. Provided Tenant shall not make or suffer to be made, any alterations, improvements or additions in , on, about or to the Premises or any part thereof, without the prior written consent of Landlord and without a valid building permit issued by the appropriate governmental authority. As a condition to giving such consent, Landlord may require that Tenant has notified Landlord in writing at least ten (10) days prior agree to the commencement of remove any such work within alterations, improvements or additions at the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 to restore the Leased Premises to its original their prior condition. Except as expressly provided aboveunless Landlord requires that Tenant remove any such alterations, improvement or additions, any alteration, addition or improvement to the Premises, except movable furniture and trade fixtures not affixed to the Premises, shall be come the property of Landlord upon termination of the lease and shall remain upon and be surrendered with the Premises at the termination of this Lease. Without limiting he generality of the foregoing, all heating, lighting, electrical (including all wiring, conduit, outlets, drops, xxxx ducts, main and subpanels), air conditioning, partitioning, drapery, and carpet installations made by Tenant regardless of how affixed to the Premises, together with all other additions, alterations that have become an integral part of the Building, shall be and become the property of the Landlord upon termination of the Lease, and shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of this Lease. If, during the term hereof, any alteration, addition or change of any sort to all or any portion of the Premises is required by law, regulation, ordinance or order of any public agency, Tenant shall not promptly make the same at its sole cost and expense. If during the term hereof, any alteration, addition, or allow to be made any alterations or physical additions (including fixtures) in or change to the Leased Premises Common Area is required by law, regulation, ordinance or place safesorder of any public agency, vaultsLandlord shall make the same and the cost of such alteration, filing cabinets, libraries addition or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises change shall be subject a Common Area Charge and Tenant shall pay its share of said cost to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are as provided in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the BuildingParagraph 12 above.

Appears in 1 contract

Samples: Lease Agreement (Elexsys International Inc)

Alterations. Provided that Tenant has notified Landlord in writing at least ten (10) days prior may make alterations, additions or improvements to the commencement of any such work within the Leased Premises, Tenant shall have including any Tenant's Work identified on attached Exhibit C ("Alterations"), with the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the following limitations: (i) such alterations and additions prior written consent of Landlord, provided that Landlord will not impair 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 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 Landlord's consent shall not be required for Tenant's installation of those items. Tenant shall complete all Alterations at Tenant's expense in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner compliance with all applicable laws 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 applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside Alterations except for those which Landlord requires to be removed at the Leased end of the Lease term. Tenant shall remove all Alterations at the end of the Lease term unless Landlord conditioned its consent upon Tenant leaving a specified Alteration at the Premises, in which case Tenant shall not remove such Alteration. Tenant shall immediately repair any damage to the Premises caused by removal of Alterations. Notwithstanding the foregoing, Landlord agrees to permit Tenant to install a rooftop antenna and (vi) satellite dish, subject to the terms of this paragraph. Prior to installation, Tenant obtains all applicable governmental permits shall submit plans and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately abovespecifications regarding the antenna and satellite dish installation, the contents and further location of which shall be subject to Landlord's prior reasonable approval 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 all plans the antenna and specifications thereforsatellite dish, TenantTenant shall not permit any water penetration as a result of the installation, at operation, maintenance, repair or removal of the antenna and satellite dish. Tenant's sole expenseuse 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, shall be permitted upon demand, the cost of any utilities needed to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that upon expiration or earlier operate the antenna and satellite dish. Upon termination of this Lease, Tenant shall, at unless otherwise directed by Landlord's sole discretion and Tenant's sole expense, remove the antenna and satellite dish, and leave the roof in watertight condition following such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingremoval.

Appears in 1 contract

Samples: Lease Agreement (Virage Logic Corp)

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 have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Excepting Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided aboveWork, Tenant shall not make or allow to be made any alterations alterations, additions or physical additions (including fixtures) in or improvements to the Leased Premises ("Alterations"), either at the inception of this Lease or place safessubsequently during the Term, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the prior written consent of Landlord, not to . No Alterations shall be unreasonably withheld or delayed. Any alterations or physical additions in or permitted to the Leased outside dimensions of the Premises or the Building, existing bearing walls and columns, exterior walls, roof, structural ceiling or foundations, nor shall Tenant install any electrical equipment that would overload the lines in the Premises or interfere with the electrical usage of other tenants, 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 subject to commenced or continued by Tenant until Landlord has given its written approval thereof. By approving any reasonable terms request for Alterations submitted by Tenant, Landlord does not (i) expressly or conditions Landlord may require to ensure implicitly covenant or warrant that any plans or specifications are accurate, safe or sufficient or that the alterations same comply with any applicable laws, ordinances, building codes, or additions are 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 conformity 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 shall 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 Tenant's sole expense, 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 standards remainder of the Building Premises as reasonably determined by Landlord, or, at Landlord's option, shall pay to Landlord all reasonable and will not impair necessary costs arising from such removal and restoration. All Alterations, and all removal of same, shall be done in a good and workmanlike manner in compliance with all applicable laws, ordinances, building codes, regulations and orders of any federal, state, county, municipal or other public authority and of the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity insurers 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 reimburse Landlord for Landlord's 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 construction of such Alterations. Landlord shall be entitled to approve and/or designate the contractors/subcontractors to be used to construct Alterations. Tenant 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 Building, resulting from any non-union contractor or subcontractor being used for the Alterations. Tenant shall require that any 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 commencement of any work on the Premises.

Appears in 1 contract

Samples: Confidential Document (Sea Coast Foods, Inc.)

Alterations. Provided that Tenant has notified Landlord Lessee shall not make any alteration in writing at least or additions to the premises, without Owner's advance written consent in each and every instance. Whenever such consent is sought and before any contract is let or any work is done or any materials are delivered on the premises, Lessee shall comply with Owner's request for plans, specifications, names and addresses or contractors, copies of contracts, necessary permits and indemnification in form and amount satisfactory to Owner against liens, costs, damages and expenses of all kinds, and Lessee shall permit Owner to supervise construction alterations. Owner's decision to refuse any consent shall be conclusive. Lessee shall pay the cost of all such installations, alterations and additions, if permitted by Owner in the expense of the maintenance and operation thereof. All installations, additions, hardware non-trade fixtures and improvements, temporary or permanent, in and upon the premises, whenever and whether placed there by Lessee or Owner, shall be and become Owner's property and shall remain upon the premises upon termination of the term by lapse of time or otherwise, all without compensation, allowance or credit to Lessee; provided, however, if prior to such termination or within ten (10) days thereafter, Owner so directs by notice, Lessee shall promptly remove the installations, additions, hardware, non-trade fixtures and improvements which were placed on the premises by Lessee and which are designated in the notice, failing which, Owner may remove the same and Lessee shall pay the costs thereof. Any damage caused by Lessee to the premises by the removal of any of the aforenamed items, or any other item, will be repaired in such a way as to restore the improvements to their original condition prior to the commencement installation of any such work within the Leased Premisesitems removed, Tenant shall have at Lessee's expense. If Lessee does not remove Lessee's furniture, window treatments, trade fixtures or other personal property of all kinds from the right to make non-structural alterations or physical additions (including fixtures) premises prior to the Leased Premises subject to the following limitations: (i) such alterations and additions will not impair the structural integrity end of the Buildingterm, (ii) such alterations and additions will not affect the mechanicalhowever ended, 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, Lessee shall be permitted conclusively presumed to install internal stairwells between any two floors which Tenant occupies exclusively pursuant have conveyed the same to Owner under this Lease provided that upon expiration as a Bill xx Sale without further payment or earlier termination of this Lease, Tenant shall, at Landlord's sole discretion and Tenant's sole expense, remove such stairwells and restore the Leased Premises credit by Owner to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the BuildingLessee.

Appears in 1 contract

Samples: Lease Agreement (Omega Health Systems Inc)

Alterations. Provided that Tenant has notified Landlord in writing at least ten (10) days prior shall not make, or suffer to be made, any alteration or addition to the commencement Premises, or any part thereof, exceeding Twenty Five Thousand Dollars ($25,000) in cost, without the written consent (which shall not be unreasonably withheld, conditioned, or delayed) of Landlord first had and obtained by Tenant. Any addition to, or alteration of, the Premises, except moveable furniture and trade fixtures, shall at once become a part of the Premises and belong to Landlord. If Landlord consents to the making of any such work within alteration, addition, or improvement to or of the Leased PremisesPremises by Tenant, the same shall be made at Tenant’s sole cost and expense. Except as otherwise expressly set forth to the contrary, any modifications to the Building or Building systems required by governmental code or otherwise as a result of Tenant’s alterations, additions or improvements shall be made at Tenant’s sole cost and expense. Tenant shall have retain title to all moveable furniture and trade fixtures placed in the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the following limitations: (i) such alterations and additions will not impair the structural integrity of the BuildingPremises. All heating, (ii) such alterations and additions will not affect the mechanicallighting, electrical, plumbing, heating, air-air conditioning, or ventilation systems attached partitioning, drapery, carpeting and floor installations made by Tenant, together with all property that has become an integral part of the Leased Premises, (iii) such alterations and additions shall not be deemed trade fixtures. Tenant agrees that it will not in proceed to make any alterations or additions the aggregate total cost more than of which exceeds Twenty Five Thousand Dollars ($50,000 (excluding carpet and paint25,000), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible without having obtained consent from outside the Leased PremisesLandlord to do so, and until five (vi5) days after written notice to Landlord of Tenant’s intention to commence such work in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant’s improvements. Tenant obtains shall at all applicable governmental permits times permit such notices to be posted and approvals required in connection with such alterations or additionsto remain posted until the completion of work. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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, if required by Landlord, Charleston Intuit Lease Phase 1—Buildings 1-5 August 4, 2003—Final secure at Landlord's sole discretion Tenant’s own cost and expense, a completion and lien indemnity bond, reasonably satisfactory to Landlord for work in excess of $300,000. Tenant further covenants and agrees that any mechanic’s liens filed against the Premises or against the Complex for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within thirty (30) days after the filing thereof, at the cost and expense of Tenant. Any exceptions to the foregoing must be made in writing and executed by both Landlord and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Building.

Appears in 1 contract

Samples: Lease Agreement (Intuit Inc)

Alterations. Provided that Tenant has notified Landlord in writing at least ten (10) days prior shall not make, or suffer to be made, any ----------- alterations, improvements or additions in, on, about or to the commencement Premises or any part thereof, without the prior written consent of any such work within Landlord (which consent shall not be unreasonably withheld or delayed) and without a valid building permit issued by the Leased Premisesappropriate governmental authority, Tenant if required; provided, however, Landlord's consent shall have the right to make not be required for non-structural alterations or physical additions (including fixtures) changes to the Leased Premises subject to the following limitations: (i) such alterations and additions will not impair the structural integrity interior of the BuildingPremises which cost less than Fifteen Thousand Dollars ($15,000.00). As a condition to giving such consent, (ii) Landlord may require that Tenant agree to remove any such alterations and alterations, improvements or additions will not affect at 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 to restore the Leased Premises to its original their prior condition. Except as expressly provided aboveUnless Landlord requires that Tenant remove any such alteration, improvement or addition, any alteration, addition or improvement to the Premises, except movable furniture and trade fixtures not affixed to the Premises, shall become the property of Landlord upon termination of the Lease and shall remain upon and be surrendered with the Premises at the termination of this Lease. Without limiting the generality of the foregoing, all heating, lighting, electrical (including all wiring, conduit, outlets, drops, xxxx ducts, main and subpanels), air conditioning, partitioning, drapery, and carpet installations made by Tenant regardless of how affixed to the Premises, together with all other additions, alterations and improvements that have become an integral part of the Building, shall be and become the property of the Landlord upon termination of the Lease, and shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of this Lease. If, during the Term hereof, any alteration, addition or change of any sort to all or any portion of the Premises is required by law, regulation, ordinance or order of any public agency, Tenant shall not promptly make the same at its sole cost and expense. If during the Term hereof, any alteration, addition, or allow to be made any alterations or physical additions (including fixtures) in or change to the Leased Premises Common Area is required by law, regulation, ordinance or place safesorder of any public agency, vaultsLandlord shall make the same and the cost of such alteration, filing cabinets, libraries addition or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises change shall be subject a Common Area Charge and Tenant shall pay Tenant's Pro Rata Share of said cost to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are as provided in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the BuildingParagraph 12 above.

Appears in 1 contract

Samples: Lease Agreement (Cybersource Corp)

Alterations. Provided 7. (A) Tenant shall make no changes in or to the demised premises of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements ("Alterations") which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises by using contractors, mechanics, engineers and architects reasonably acceptable to Landlord. Tenant agrees that all Alterations shall be performed by Tenant has notified in accordance with Landlord's Uniform Rules and Regulations for Alterations. Tenant agrees to use Landlord's approved engineer for the Building for the preparation of all construction documents and drawings pertaining to any Alterations and to use Landlord's architect to file all plans with and obtain all required permits from appropriate governmental authorities. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in writing at least ten (10) 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 commencement of any such work within date fixed as the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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, 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 shallprior to the expiration of this Lease, at Landlord's sole discretion and Tenant's sole 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, remove such stairwells repair and restore the Leased Premises premises to its original conditionthe condition existing prior to installation, other than as a result of reasonable wear and tear and repair any damage to the demised premises or the building due to such removal. Except as expressly provided above, Tenant shall not make All property permitted or allow required to be made any alterations or physical additions (including fixtures) removed by Tenant at the end of the term remaining in or to the Leased Premises or place safespremises after Tenant's removal shall be deemed abandoned and may, vaults, filing cabinets, libraries or other heavy furniture or equipment within at the Leased Premises without first obtaining the written consent election of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Building.,

Appears in 1 contract

Samples: Lease (PLD Telekom Inc)

Alterations. Provided that Tenant has notified Landlord in writing at least ten (10) days prior shall not make any alterations, improvements, or additions to the commencement of any such work within the Leased Premises, including, without limitation, any roof penetrations, without the prior written consent and approval of plans therefor by Landlord. Notwithstanding the foregoing sentence, Tenant shall have the right to may make interior, non-structural alterations or physical additions (including fixtures) and improvements to the Leased Premises subject to that cost less than $50,000 in the following limitations: (i) such alterations aggregate and additions will do not impair effect the structural integrity of the Building, (ii) Building without Landlord’s prior consent; provided that Tenant deliver copies of all final plans for such alterations to Landlord. Landlord agrees that Tenant may install, remove and/or replace freezers, coolers, cool docks, racks, battery chargers and additions will not affect other substantial items, trade equipment and fixtures necessary for the mechanicalconduct of its business in or to the Premises. Landlord’s consent to any alterations, electrical, plumbing, heating, air-conditioningimprovements, or ventilation systems of the Leased Premisesadditions, (iii) such alterations and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable its approval of all any plans and specifications therefor, shall create no responsibility or liability on Landlord’s part for their completeness, design sufficiency or compliance with applicable laws, rules and regulations now or hereafter in effect. Alterations, improvements or additions so made upon the Premises, except moveable furniture and equipment placed in the Premises at the expense of Tenant, at Tenant's sole expense, shall be permitted and become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination of this Lease, without disturbance, molestation, injury or damage; provided, however, that only with respect to install internal stairwells between any two floors which alterations or improvements made after the initial build out of the Premises, Landlord shall have the option to require Tenant occupies exclusively pursuant to this Lease (i) remove such alterations or improvements at Tenant’s sole cost and expense and (ii) restore the Premises to its prior condition, provided that upon Landlord so notify Tenant of such requirement at the time Landlord grants approval for such alterations and improvements. In the event damage to the Premises or the Building shall be caused by moving said furniture and equipment in or out of the Premises, said damage shall be promptly repaired at the cost of Tenant. The provisions of this Section 7.02(a) shall survive the expiration or earlier termination of this Lease. Whenever plans for any Tenant work, Tenant shallwhether the initial work at the commencement of the Term or for subsequent alteration, at Landlord's sole discretion ’s approval must be given within ten (10) business days after receipt, with partial plan submittals as may be appropriate under the circumstances, and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant Landlord shall not make provide approval or allow to notes of changes which if made would be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment deemed approved within the Leased Premises without first obtaining required time. If the written consent of LandlordLandlord does not respond, not to plans will be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingdeemed approved.

Appears in 1 contract

Samples: Lease Agreement (Bare Escentuals Inc)

Alterations. Provided that Tenant has notified shall deliver to Landlord in writing at least ten (10) days prior to the commencement full and complete plans and specifications of any all such alterations, additions or improvements, and no such work within shall be commenced by Tenant until Landlord has given its written approval thereof. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are safe or that the Leased Premisessame comply with any applicable laws, ordinances, etc. Further, Tenant shall have the right to make non-structural alterations indemnify and hold harmless Landlord from any loss, cost or physical expense, including attorneys’ fees and costs, incurred by Landlord as a result of any defects in design, materials or workmanship resulting from Xxxxxx’s alterations, additions (including fixtures) or improvements to the Leased Premises subject to Premises. All other alterations, additions and improvements shall remain the following limitations: (i) such alterations property of Tenant until termination of this Lease, at which time they shall be and additions will not impair become the structural integrity property of the BuildingLandlord. All altera tions, (ii) such alterations additions, improvements, repairs and additions will not affect the mechanical, electrical, plumbing, heating, air-conditioning, restoration by Tenant hereinafter required or ventilation systems of the Leased Premises, (iii) such alterations and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished permitted shall be done in a good and workmanlike manner manner, incorporating materials of quality equal to or better than those replaced, with finishes comparable to and compatible with adjacent finishes within the Premises and the Building and in accordance compliance with all applicable governmental requirements (including Houston Building Code requirements)laws, (v) ordinances, bylaws, regulations and orders of any federal, state, county, municipal or other public authority and of the insurers of the Building. In addition, all of Tenant’s alterations, additions and improvements shall be constructed in such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject a manner so as to (i) through not unreasonably disturb or otherwise interfere with the use and occupancy of any other tenant of the Building, Phase or Project, (viii) immediately aboveprotect by appropriate means and measures all components of the Premises, Building, Phase and Project from soiling or damage associated with Tenant’s work, and further subject to Landlord's prior reasonable approval (iii) not impose any additional expense or delay upon Landlord in the constructio n of all improvements to, or maintenance or operation of, the Building, Phase and/or Project. Tenant shall, reimburse Landlord for reviewing and approving or disapproving plans and specifications thereforfor any alterations proposed by Xxxxxx. Tenant shall require that any contractors used by Tenant carry a commercial liability insurance policy covering bodily injury in the amounts of Two Million Dollars ($2,000,000.00) per person and Two Million Dollars ($2,000,000.00) per occurrence, Tenant, at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively and covering property damage in the amount of Two Million Dollars ($2,000,000.00). Landlord may increase the amount of insurance coverage required pursuant to this Lease provided that upon expiration or earlier termination of this LeaseSection to reflect inflation, Tenant shall, at Landlord's sole discretion industry cost and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original conditionrecovery experience over time. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require proof of such insurance prior to ensure that commencement of any work on the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the BuildingPremises.

Appears in 1 contract

Samples: Menlo Oaks Corporate Center Lease (E Trade Group Inc)

Alterations. Provided Tenant shall not make or permit any Alterations in, on or about the Premises without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent shall not be unreasonably withheld. Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant has notified provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (11/2) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental Initials: Landlord Tenant inspections and approvals required in writing connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense, in compliance with all applicable laws (including, but not limited to, The Americans With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by a licensed contractor reasonably acceptable to Landlord, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. In the event that any Alteration made by Tenant necessitates the making of other alterations to the interior or exterior of the Building, the Outside Area or elsewhere within the Project for purposes of complying with applicable laws (including, but not limited to, The Americans With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), Tenant shall undertake such additional alterations at its sole cost and expense or shall, at Landlord’s option, reimburse Landlord for the cost and expenses incurred with respect to such additional alterations required for purposes of complying with applicable law as a result of Tenant’s Alterations. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at its option, require that Tenant, at Tenant’s expense, remove any or all Alterations installed by Tenant and return the Premises to their condition as of the Commencement Date of this Lease, normal wear and tear excepted and subject to the provisions of Paragraph 25. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any work on the Premises at least ten twenty (1020) days prior to the commencement of such work to enable Landlord to post and record an appropriate Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work within the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingwork.

Appears in 1 contract

Samples: Office Lease Agreement (Spatializer Audio Laboratories Inc)

Alterations. Provided a. Tenant shall make no alterations, additions or improvements in or to the Premises without Landlord's prior written consent *, and then only by contractors or mechanics approved by Landlord; such consents and approvals by Landlord shall not be unreasonably withheld or delayed. Tenant shall submit to Landlord plans and specifications for any proposed alterations, additions or improvements to the Premises, and may not make such alterations, additions or improvements until Landlord has approved of such plans and specifications. Tenant shall construct such alterations, additions or improvements in accordance with the plans and specifications approved by Landlord, and shall not amend or modify such plans and specifications without Landlord's prior written consent. If the proposed change requires the consent or approval of any lessor of a superior lease, or the holder of a mortgage encumbering the Premises, such consent or approval must be secured prior to the construction of such alteration, addition or improvement and Landlord agrees to cooperate in obtaining any such consent or approval. Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the building or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. All such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant has notified covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, 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 Office, and of any similar body. Before commencing any work, Tenant shall give Landlord in writing at least ten (10) days prior to written notice of the proposed commencement of any such work within the Leased Premisesand shall, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals if required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, by Landlord - secure at Tenant's sole expenseown *unless such alterations, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioningadditions, or ventilation integrity improvements are less than a cost of the Building.Five Thousand and No/100 Dollars

Appears in 1 contract

Samples: Stac Inc

Alterations. Provided that Tenant has notified Landlord shall not make any alterations, additions, partitions, or other improvements to the Premises without the prior written consent of Landlord. Tenant, at its own cost and expense, may erect shelves, bins, machinery and trade fixtures as it desires as well as alterations, additions, partitions, or other improvements which have been specifically consented to in writing at least ten (10) days prior to the commencement of any such work within the Leased Premisesby Landlord, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the following limitations: provided that (i) such alterations and additions will items do not impair alter the structural integrity basic character of the BuildingPremises or the building and/or improvements of which the Premises are a part, (ii) such alterations and additions will items do not affect overload or damage the mechanical, electrical, plumbing, heating, air-conditioning, or ventilation systems of the Leased Premisessame, (iii) such alterations items may be removed without injury to the Premises, and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) the construction, erection or installation thereof complies with all applicable governmental laws, codes, ordinances, regulations, or any other applicable authorities, including, without limitation, the Americans with Disabilities Act of 1990 (the "ADA"), and with Landlord's details, specifications and other requirements, (v) any architectural, engineering, construction management, permits, inspections or other cost or fee required to assure compliance with conditions set forth in this Paragraph 6 shall be paid by Tenant promptly upon demand. All alterations, additions, partitions, or other improvements erected by Tenant shall be and remain the property of Tenant during the term of this Lease; provided however, at the termination of this Lease, Landlord shall have the option, exercisable in Landlord's sole discretion, to require Tenant either upon request to remove, at Tenant's sole cost and expense, all or part of each alterations, additions, partitions, or other improvements, at which time Tenant shall promptly restore the Premises to its condition immediately prior to the commencement date, or to keep in place the same at which time such alterations alterations, additions, improvements, and additions are accomplished partitions shall become the property of Landlord. All shelves, 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 the Premises, at which time Tenant shall restore the Premises to their original condition. All alterations, installations, removals and 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 buildings and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside other improvements situated on the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within of which the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildinga part.

Appears in 1 contract

Samples: Lease Agreement (Integrated Information Systems Inc)

Alterations. Provided that Tenant has notified Landlord Lessee shall make no alterations in writing at least ten (10) days or installations of equipment or to the Premises, unless and until plans and specifications therefore have been approved by Lessor in writing. Lessee may remove its moveable trade fixtures prior to the commencement of any such work within the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 provided that Lessee repairs any damage to the Premises caused by such removal. Nothing in this Lease shall, at Landlord's sole discretion however, be construed to constitute the consent of Lessor to the creation of any lien, and Tenant's sole expenseno person shall be entitled to any lien on the Building, remove the Common Areas, the Office Park or the underlying land or related improvements. In the event, despite this provision, a lien is placed thereon, Lessee shall cause such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow lien to be made removed or shall, immediately upon request of Lessor, provide a corporate surety bond satisfactory to Lessor which shall save Lessor harmless under such lien and from any alterations or physical interest, costs and attorneys' fees incurred by Lessor in connection therewith. Lessee shall indemnify Lessor from any and all costs and expenses incurred by Lessor as a result of such liens. All approved installations, alterations, additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises improvements made by Lessee shall be subject to any reasonable terms made in good and workmanlike manner, between such hours and by such contractors or conditions Landlord mechanics as may require to ensure be approved in writing by Lessor, and in such a way that the alterations or additions are in conformity with the standards utilities will not be interrupted and other tenants and occupants of the Building and will not impair suffer unreasonable inconvenience or interference. Both during and after the structuralperformance of any such work, mechanicalLessor shall have free access to any and all mechanical installations in the Premises, electricalincluding, plumbingbut not limited to, air conditioning, fans, ventilating systems, machine rooms and electrical closets; and Lessee agrees not to construct or permit the installation of partitions and/or other obstructions in the Premises, which might interfere with Lessor's free access to the Premises or Building, or impede the free flow of air to and from air vents and other portions of the heating, air-conditioning, or ventilation integrity of air conditioning and ventilating systems in the Premises and Building.

Appears in 1 contract

Samples: Office Space Lease Agreement (Able Laboratories Inc)

Alterations. Provided that Tenant has notified shall not make, without the prior written consent of Landlord, which will not be unreasonably withheld, any alterations, additions or improvements to the Premises. Landlord's decision to refuse such consent shall be conclusive. If Landlord consents to such alterations, additions or improvements, before commencement of the work or delivery of any materials onto the Premises or into the Building, Tenant shall furnish to Landlord for approval (i) plans and specifications, (ii) names and addresses of contractors, (iii) copies of contracts, necessary permits and licenses and (iv) instruments of indemnification against any and all claims, costs, expenses, damages and liabilities which may arise in writing at least ten (10) days connection with such work, all in such form, substance and amount as may be satisfactory to Landlord. In addition, prior to the commencement of any such work within or delivery of any materials into the Leased Premises, Tenant shall have provide Landlord with appropriate evidence of Tenant's ability to pay for such work and materials in full, and if requested by Landlord, shall deposit with Landlord at such time such security for the right to make nonpayment of said work and materials as Landlord may require. All alterations, additions and improvements shall be' installed in a good, workmanlike manner and only new, high-structural alterations grade materials shall be used. All such work shall be done only by contractors or physical additions (including fixtures) to the Leased Premises mechanics approved by Landlord and shall be subject to Landlord's scheduling requirements and regulations. Tenant further agrees to hold Landlord harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations, additions or improvements. All contractors and subcontractors must execute a Tenant’s Contractor and Subcontractor Agreement prior to beginning any work on the following limitations: (i) such alterations and additions will not impair the structural integrity of Premises. Before commencing any to the Building, (ii) such alterations and additions will not affect including the mechanical, electrical, plumbing, heating, air-conditioning, or ventilation systems of the Leased Premises, (iii) occasioned by such alterations alterations, additions and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required improvements work in connection with such alterations alterations, additions or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided aboveimprovements, Tenant shall not make furnish Landlord with certificates of insurance from all contractors performing labor or allow furnishing materials insuring Landlord against any and all liabilities which may arise out of or be connected in any way with said alterations, additions or improvements. Tenant shall permit Landlord to be made any alterations or physical additions (including fixtures) supervise construction operations in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity connection with the standards foregoing work if Landlord requests to do so. Tenant shall pay the cost of all such alterations, additions and improvements, as well as the Building cost of decorating and will not impair repairing any damage, including the structuralcost of labor and materials, mechanicalcontractors' profits, electricaloverhead and general conditions, plumbingand a reasonable fee to Landlord. Upon completing any alterations, heatingadditions or improvements, air-conditioningTenant shall furnish Landlord with contractors' affidavits in form required by law, or ventilation integrity and full and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations, additions and improvements shall comply with all insurance requirements and with all city and county ordinances and regulations and with the Buildingrequirements of all state and federal statutes and regulations.

Appears in 1 contract

Samples: Office Lease (Caladrius Biosciences, Inc.)

Alterations. Provided that Except as provided in this Section 10.1, Tenant has notified shall not install any signs, fixtures, improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld so long as any such Alteration does not affect the Building systems or the structural integrity or structural components of the Premises or the Building (collectively, “Structural Components”). Notwithstanding the foregoing, Tenant shall be permitted to undertake Alterations which do not affect the Structural Components without Landlord’s prior consent so long as the cost of same do not exceed $30,000 cumulatively in any one calendar year. If any such Alteration is expressly permitted by Landlord in writing or any Alteration is undertaken without Landlord’s consent, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the commencement date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility. In all events, Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed and insured contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), Development Documents, Recorded Matters, and Rules and Regulations. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such work within the Leased PremisesAlterations, Tenant shall have the right work performed in such a manner as not to make non-structural alterations or physical additions (including fixtures) obstruct access to the Leased Premises subject to Project, or the following limitations: (i) such alterations and additions will not impair the structural integrity Common Areas for any other tenant of the Buildingproject, (ii) such alterations and additions will as not affect to obstruct the mechanical, electrical, plumbing, heating, air-conditioningbusiness of Landlord or other tenants in the Project, or ventilation systems interfere with the labor force working in the Project. As Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to five percent (5%) of the Leased Premisestotal cost of the Alterations. If Tenant makes any Alterations, (iii) Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such alterations other insurance as Landlord may require, it being understood and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) agreed that all of such alterations and additions are accomplished in a good and workmanlike manner and Alterations shall be insured by Tenant in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval Section 12 of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that immediately upon expiration completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or earlier termination obligations incurred by or on behalf of this Lease, Tenant. Tenant shall, at prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord's sole discretion , and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow provide such assurances to be made Landlord, including without limitation, waivers of lien, surety company performance bonds (with respect to Alterations, the cost of which exceeds $30,000) as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Project from and against any alterations or physical additions (including fixtures) in or to the Leased Premises or place safesloss from any mechanic’s, vaults, filing cabinets, libraries materialmen’s or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingliens.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Alterations. Provided that Except as otherwise required herein or as otherwise set forth herein as Tenant’s Work, Tenant shall not make any alterations, additions or improvements to the exterior or structural portions of the Premises (including, without limitation, the roof) (herein referred to collectively as "Alteration") without the prior written consent of Landlord and the Association (to the extent it has notified jurisdiction), which consent Landlord and the Association shall not unreasonably withhold. Tenant may install in writing the interior of the Premises without the consent of Landlord, unattached, movable trade fixtures and furniture which may be installed without drilling, cutting or otherwise defacing the Premises including but not limited to partitions, cubicles, and other items which are not fixtures (herein referred to as "Removable Trade Fixtures"). Other than for Tenant’s Work, Tenant shall submit to Landlord for its review and approval, complete plans and specifications for any proposed Alteration at least the time approval is sought, and if necessary, resubmit the same from time to time, within fifteen (15) days after receipt of written notice of disapproval thereof from Landlord or the Association, until the same are approved by Landlord and the Association if applicable. In the event the Association or Landlord fails to grant its approval (or disapproval) of Tenant’s plans and specifications within ten (10) days prior of Tenant’s submission (and/or resubmission) of the same, then Landlord and/or the Association, as the case may be, shall be deemed to have approved the commencement same. In connection with any Alteration of any such work within the Leased PremisesPremises by Tenant, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance comply with all applicable governmental requirements federal, state, county and local laws and ordinances (including Houston Building Code requirementsincluding, without limitation, the ADA), (v) such alterations are not visible from outside and all rules and regulations of any governmental authority having jurisdiction over the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Building.

Appears in 1 contract

Samples: Lease Agreement (Ultimate Software Group Inc)

Alterations. Provided that Tenant has notified Landlord in writing at least ten (10) days prior shall be permitted to the commencement of any such work make alterations within the Leased PremisesPremises without Landlord’s consent, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the following limitations: (i) provided that such alterations and additions will do not impair the affect structural integrity components of the Building, do not involve full wall partitioning (iiincluding roof penetration) such alterations and additions will or do not affect the mechanical, electrical, plumbing, heating, ventilation and air-conditioning, plumbing, life safety, and other Building systems, provided such alterations cost less than Twenty Thousand and 00/100 Dollars ($20,000) (the “Permitted Alterations”). Except for Permitted Alterations, Tenant shall not make any alterations, additions or ventilation systems improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned, or delayed. If Landlord shall consent to any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord’s and Tenant’s insurance policies and only in accordance with plans and specifications approved by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense 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 Leased PremisesBuilding or Development and without overloading the floor or damaging such Building or Development, and in each 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 (iii) unless Landlord agrees in writing at the time of installation of any such alterations items that they do not need to be so removed); upon any such removal Tenant shall restore the Premises to their original condition. All such removals and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are restoration shall be accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except so as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld damage the primary structure or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity structural quality of the Building.

Appears in 1 contract

Samples: Lease Agreement (Cyberguard Corp)

Alterations. Provided Before proceeding with any alteration, addition or improvement to the Premises (collectively, “Alteration”), Sublessee shall obtain the prior written consent of Sublessor and Landlord and submit to Sublessor and Landlord’s plans and specifications for the work to be done for Sublessor’s and Landlord’s prior written consent. Such plans shall be prepared by a qualified professional if the Alterations are other than cosmetic or if required by the terms of the Lease. Sublessor agrees it shall not unreasonably withhold, condition, or delay its consent to any proposed Alterations. Sublessee shall reimburse Sublessor, on written demand, for all actual costs reasonably incurred by Sublessor resulting from Landlord’s review of Sublessee’s Alterations. The party receiving Landlord’s approval of Sublessee’s plans will provide the other party with a copy thereof within five day(s) following receipt. Sublessee acknowledges and agrees that Tenant has notified Sublessor shall have no responsibility whatsoever for the installation or proper functioning of, cost of correcting, or removal upon Sublease termination of any of Sublessee’s Alterations or any compliance with the requirements of the Lease (including, without limitation, any costs imposed by Landlord in writing at least ten (10) days with respect to its review of plans and/or supervision of work), and Sublessee shall bear the entire responsibility and liability therefor. Sublessee agrees that Sublessee’s Alterations shall be removed and the Premises restored to the condition which existed prior to the commencement of any such work within the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) installation thereof prior to the Leased Premises subject to the following limitations: (i) such alterations and additions will not impair the structural integrity expiration of the Building, (ii) such alterations and additions will not affect Term or 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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, Lease if so requested by Sublessor at Landlord's sole discretion and Tenant's sole expense, remove the time of initial consent for such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the BuildingAlteration.

Appears in 1 contract

Samples: Sublease (CONVERA Corp)

Alterations. Provided that Tenant has notified Landlord Sublandlord hereby approves the Alterations set forth on Exhibit C attached hereto. Subtenant shall not make any other improvements in writing at least ten (10) days prior to the commencement of any such work within the Leased Premises, Tenant shall have the right to make non-structural or alterations or physical additions (including fixturescollectively, "Alterations") to the Leased Premises subject without first obtaining Sublandlord's written consent (and any consent required under the Master Lease) which shall not be unreasonably withheld. All Alterations shall be at the sole cost and expense of Subtenant and, except to Subtenant's trade fixtures, furniture and equipment, shall remain in and be surrendered with the following limitations: (i) such alterations Premises at the termination of this Sublease. However, Sublandlord, in its sole and additions will not impair absolute discretion, may elect to require Subtenant to remove from the structural integrity Premises any or all Alterations upon the termination of the BuildingSublease, (ii) and upon any such alterations election Subtenant shall promptly do so and additions will not affect shall repair all damages occasioned by such removal and return the mechanicalPremises to their original condition to Sublandlord's reasonable satisfaction, electricalall at Subtenant's sole cost and expense. All Alterations undertaken by Subtenant shall be performed by a contractor approved in advance by Sublandlord, plumbing, heating, air-conditioning, or ventilation systems of the Leased Premises, (iii) such alterations and additions will not according to plans approved in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished advance by Sublandlord. Subtenant shall cause all work to be done in a good and workmanlike manner using materials equal to or better than those used in the construction of the Premises and in accordance shall comply with or cause compliance with all applicable governmental requirements laws and with any direction given by any public officer pursuant to law, including, without limitation, Title III of the Americans with Disabilities Act of 1990 (including Houston Building Code requirements"ADA"), (v) such alterations are not visible from outside as the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions same are in conformity with effect on the standards of date hereof and may be hereafter modified, amended or supplemented. During construction, Subtenant or its general contractor shall procure and maintain in effect all insurance coverages required under the Building Master Lease and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingany additional insurance coverage required by Sublandlord at its sole discretion.

Appears in 1 contract

Samples: Sublease Agreement (Light Sciences Oncology Inc)

Alterations. Provided Tenant agrees that it will make no alterations, additions or improvements to the Premises without the prior written consent of the Landlord and that all alterations, additions or improvements made by or for the Tenant, including, without limitation, any and all subdividing partitions, walls or railings of whatever type, material or height, excepting movable office furniture installed at the expense of Tenant, shall, when made, become the property of the Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the end of the Lease term, unless Landlord shall notify Tenant has notified Landlord to remove same, in writing at least ten (10) days which latter event Tenant shall comply to the end that the Premises shall be restored to the same condition in which they were found prior to the commencement Commencement Date, normal wear and tear excepted. Tenant shall not core drill or in any other manner attempt to penetrate or penetrate the floors of the Buildings without obtaining permission of Landlord. In the event that Tenant constructs any improvements to the Premises, then those improvements must be constructed (a) using, at least, finishes which are standard to the Buildings and according to plans and specifications and using only contractors and subcontractors approved by Landlord in advance, and (b) in compliance with all applicable laws, ordinances, rules, building codes, and regulations of Federal, State, municipal and county authorities, including without limitation, the procurement of a building permit, and (c) in a diligent, good and workmanlike manner. Tenant shall obtain a Builders' Risk Insurance Policy in such amount as is reasonably requested by Landlord, naming Landlord as an additional insured and providing that it will not be canceled without giving Landlord at least 15 days prior written notice thereof. Any mechanical or electrical work and any penetration of floors must be performed by Landlord's contractors and subcontractors. Upon completion of any such work within construction by Tenant, Tenant must furnish Landlord with a complete set of as-built plans and specifications for the Leased same. Tenant will not permit and will indemnify Landlord and hold it harmless from any mechanic's or materialmen's liens against the Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with any such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingimprovements.

Appears in 1 contract

Samples: Coca Cola Bottling Co Consolidated /De/

Alterations. Provided that Tenant has notified Landlord in writing at least ten (10) days prior to the commencement of Lessee shall not make any such work within the Leased Premises, Tenant shall have the right to make non-structural alterations interior alterations, additions or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) improvements in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within without the Leased Premises without first obtaining the prior written consent of LandlordLessor in each instance, which consent shall not to be unreasonably withheld or delayed. Any alterations Lessee shall not take any structural or physical exterior alterations, additions in or improvements to the Leased Premises without the prior written consent of Lessor. Should Lessor fail to respond within fifteen (15) working days after Lessor's receipt of any written request from Lessee for Lessor's consent to any proposed alterations, additions or improvements, Lessor's consent shall be subject deemed to have been granted. All permitted alterations, additions and improvements made by Lessee shall be performed (i) in a good and workmanlike manner, (ii) in accordance with all applicable legal and insurance requirements, (iii) only after receipt by Lessee and presentation to Lessor of all necessary permits and licenses, and (iv) at Lessee's sole expense. Except for Lessee's removable trade fixtures, and all improvement made by Tenant in the processing and storage areas, all improvements, repairs, alterations and additions and all other non-trade fixtures, whether installed before or after the execution of this Lease, shall remain upon the Leased Premises at the expiration or sooner termination of this Lease and become the property of Lessor without payment therefor by Lessor, unless prior to the termination of this Lease, Lessor shall have given written notice to Lessee to remove the same, in which event Lessee, at its expense, will remove such alterations, improvements, additions and/or fixtures and repair and restore any reasonable terms or conditions Landlord may require and all damage to ensure that the alterations or additions are in conformity with Leased Premises caused by the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildinginstallation and/or removal thereof.

Appears in 1 contract

Samples: Assignment and Assumption (North American Vaccine Inc)

Alterations. Provided that Tenant has notified Landlord shall make no changes in or to the Premises without Landlord's prior written consent, which, as to non-structural changes only, shall not be unreasonably withheld. Subject to the prior written consent of Landlord, and 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 panelling, partitions, railings and like installations installed in the Premises at least ten any time, either by Tenant or Landlord on 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 (1030) days prior to the commencement 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 work within trade fixtures from the Leased PremisesPremises or upon removal of other installations as may be required by Landlord, Tenant shall have immediately and at its expense repair and restore the right to make non-structural alterations or physical additions (including fixtures) Premises to the Leased Premises subject condition existing prior to installation, and shall repair any damage to the following limitations: (i) Premises or the building due to such alterations and additions will not impair removal. All property permitted or required to be removed by Tenant at the structural integrity end 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 Term remaining in the aggregate cost more than $50,000 Premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlord at Tenant's expense, which right of Landlord shall survive expiration of this Lease. Tenant shall, before making any alterations, additions, installations or improvements, obtain all permits, approvals, and certificates required by any governmental or quasi- governmental bodies and (excluding carpet upon completion) certificates of final approval thereof and paint)shall promptly deliver duplicates of all such permits, (iv) approvals and certificates to Landlord; and Tenant agrees to carry such alterations Workmen's Compensation, General Liability, Personal and additions Property Damage Insurance as Landlord may reasonably require. Tenant agrees to obtain and deliver to Landlord, written and unconditional waivers of mechanic's lien upon the real property in which the Premises are accomplished located, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, sub-contractors, materially and laborers to become involved in such work. The work shall be done in a good and workmanlike xxxxxxx-like manner and in compliance with all applicable laws, ordinances, codes, governmental rules, regulations and requirements, and in accordance with all applicable governmental requirements (including Houston Building Code requirements)the standards, (v) such alterations are not visible from outside if any, of the Leased PremisesBoard of Fire Underwriters, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within organizations exercising the Leased Premises without first obtaining functions of a board of fire underwriters the written consent jurisdiction of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to which includes the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the BuildingPremises.

Appears in 1 contract

Samples: Lease Agreement (Vertex Industries Inc)

Alterations. Provided that Tenant has notified shall not make or permit to be made any alterations, additions, improvements, or installations at the Premises or any part thereof without the prior written consent of Landlord, which consent shall not unreasonably be withheld so long as such activities are not structural and do not impact the Building’s utility systems. Any alterations, additions, improvements, or installations to or of the Premises, except movable furniture and trade fixtures, shall at once become a part of the realty and belong to Landlord. In the event Landlord consents to alterations, additions, improvements, or installations, pursuant to this Article, the same shall be made by Tenant at Tenant’s sole cost and expense and selection by Tenant of any person or entity to construct or install the same shall be subject to the prior written consent of Landlord, which consent may be conditioned upon (1) Tenant, providing Landlord, at Tenant’s sole cost and expense, a lien and completion bond in writing an amount equal to one and one-half times the estimated cost of all of such alterations, additions, improvements or installations and (2) acquisition by Tenant of all permits needed to authorize such alterations, additions, improvements or installations from the appropriate governmental agencies, furnishing a copy thereof to Landlord at least ten (10) days prior to the commencement of any such work within and complying with all of the Leased Premises, conditions of such permits in a prompt manner. It shall be a material breach hereof for Tenant shall have the right to make non-structural alterations any alterations, additions, improvements or physical additions (including fixtures) installations without the prior consent of Landlord, and in addition to the Leased Premises subject to the following limitations: (i) such alterations and additions will not impair the structural integrity any other remedies Landlord may have, Landlord may require that Tenant remove any or all of the Building, same within thirty (ii30) days of receipt by Tenant of a notice demanding such alterations and additions will not affect removal. Upon the mechanical, electrical, plumbing, heating, air-conditioning, expiration or ventilation systems sooner termination of the Leased Premises, (iii) such alterations Term hereof and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to upon demand by Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's ’s sole cost and expense, shall be permitted to install internal stairwells between forthwith and with all due diligence remove any two floors which Tenant occupies exclusively pursuant to this Lease provided that upon expiration such alterations, additions, improvements, or earlier termination of this Lease, Tenant shall, at Landlord's sole discretion and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow installations designated by Landlord to be made removed and repair any alterations or physical additions (including fixtures) in or damage to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingcaused by such removal.

Appears in 1 contract

Samples: Lease Agreement (Poore Brothers 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 PremisesNo alterations, Tenant additions, repairs or improvements shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 be made in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and demised premises except in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all detailed plans and specifications thereforapproved in advance and in writing by Landlord, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant approval shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations Tenant shall, before making any alterations, additions or physical additions improvements, at its expense, obtain all permits, approvals and certificates required by any governmental body or regulatory authority and immediately upon completion shall obtain certificates of final approval thereof and shall promptly deliver duplicates of all such permits, approvals and certificates to Landlord. All such alterations, additions, repairs or improvements made by Tenant and all fixtures attached to the demised premises shall become the property of Landlord and remain at the premises or, at Landlord's option, after written notice to Tenant, any or all of the foregoing which may be designated by Landlord shall be removed at the cost of the Tenant before the expiration or sooner termination of this Lease and in such event Tenant shall restore the premises to the condition existing prior to installation thereof and repair all damage to the demised premises caused by the installation and removal. All property permitted or required 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 may be removed from the premises by Landlord at Tenant's expense. Tenant shall not erect or place or cause or allow to be erected or placed, any sign, advertising matter, lettering, stand, booth, showcase or other article or matter in or to upon the Leased Premises shall be subject to any reasonable terms doorsteps, vestibules, lobbies, passages, outside walls, windows or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards sidewalks of the Building in which the demised premises are located. Landlord approves Tenant alteration/addition/repair/improvement plan attached as Exhibit "B", and will not impair exempts construction pursuant to such plan from the structural, mechanical, electrical, plumbing, heating, airabove-conditioning, or ventilation integrity noted obligations of Tenant to restore to the Buildingpre-existing condition.

Appears in 1 contract

Samples: Lease Agreement (Discovery Laboratories Inc /De/)

Alterations. Provided Tenant shall not make any alterations, additions or improvements to the Premises (including, but not limited to, roof and wall penetrations), without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense 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 and without overloading or damaging such Building, and, in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Prior to commencing any such alterations, additions or improvements Tenant shall provide such assurance to Landlord, including, but not limited to, waivers of liens, as Landlord shall require to assure payment of the costs thereof and to protect Landlord against any loss from mechanics', laborers', materialmen's or other liens. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease Agreement 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 Agreement, or upon earlier vacating of the Premises; provided, however, that Tenant has notified if Landlord in writing at least ten (10) days so elects prior to termination of this Lease Agreement or upon earlier vacating of the commencement Premises, such alterations, additions, improvements and partitions (other than trade fixtures and the personal property of Tenant), shall become the property of Landlord as of the date of termination of this Lease Agreement or upon earlier vacating of the Premises and shall be delivered to the Landlord with the Premises. All personal property and trade fixtures installed by Tenant shall be removed by Tenant by the date of termination of this Lease Agreement or upon earlier vacating of the Premises is required by Landlord; upon any such work within the Leased Premises, removal Tenant shall have restore the right Premises to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the following limitations: (i) their original condition. All such alterations removals 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are restoration shall be accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make damage the primary structure or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity structural qualities of the Building.

Appears in 1 contract

Samples: Lease Agreement (Lakes Gaming Inc)

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Alterations. Provided that Tenant shall not make (or permit to be made) any change, addition or improvement to the Premises (including, without limitation, the attachment of any fixture or equipment) unless such change, addition or improvement (a) equals or exceeds the Building Standard and utilizes only new and first-grade materials, (b) is in conformity with all Legal Requirements, and is made after obtaining any required permits and licenses, (c) is made with the prior written consent of Landlord, (d) is made pursuant to plans and specifications approved in writing in advance by Landlord, (e) is made after Tenant has notified provided to Landlord such indemnification and/or bonds as are requested by Landlord, including, without limitation, a performance and completion bond in such form and amount as may be satisfactory to Landlord to protect against claims and liens for labor performed and materials furnished, and to insure the completion of any change, addition or improvement, (f) is carried out by persons approved in writing by Landlord who, if required by Landlord, deliver to Landlord before commencement of their work proof of such insurance coverage as Landlord may require, with Landlord named as an additional insured, and (g) is done only at least such time and in such manner as Landlord may reasonably specify. All such changes, improvements and additions (including all articles attached to the floor, wall or ceiling of the Premises, except for items such as office furniture and cubicles) shall become the property of Landlord and shall, at Landlord’s election, be (y) surrendered with the Premises as part thereof at the termination or expiration of the Term, without any payment, reimbursement or compensation therefor, or (z) removed by Tenant, at Tenant’s expense, with all damage caused by such removal properly repaired by Tenant. Tenant shall indemnify, defend and hold harmless Landlord from and against all liens, claims, damages, losses, liabilities and expenses, including attorneys’ fees, which may arise out of, or be connected in any way with, any such change, addition or improvement. Within ten (10) days following the imposition of any lien resulting from any such change, addition or improvement, Tenant shall cause such lien to be released of record by payment of money or posting of a proper bond. Tenant may remove Tenant’s trade fixtures, office supplies, movable office furniture and equipment not attached to the Building, provided such removal is made prior to the commencement of any such work within the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the following limitations: (i) such alterations and additions will not impair the structural integrity expiration of the BuildingTerm, (ii) no uncured Event of Default has occurred and Tenant promptly repairs all damage caused by 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingremoval.

Appears in 1 contract

Samples: Lease Agreement (Q Comm International Inc)

Alterations. Provided that Except as otherwise required herein or as otherwise set forth herein as Tenant’s Work, Tenant shall not make any alterations, additions or improvements to the exterior or structural portions #PageNum# of the Premises (including, without limitation, the roof) (herein referred to collectively as "Alteration") without the prior written consent of Landlord and the Association (to the extent it has notified jurisdiction), which consent Landlord and the Association shall not unreasonably withhold. Tenant may install in writing the interior of the Premises without the consent of Landlord, unattached, movable trade fixtures and furniture which may be installed without drilling, cutting or otherwise defacing the Premises including but not limited to partitions, cubicles, and other items which are not fixtures (herein referred to as "Removable Trade Fixtures"). Other than for Tenant’s Work, Tenant shall submit to Landlord for its review and approval, complete plans and specifications for any proposed Alteration at least the time approval is sought, and if necessary, resubmit the same from time to time, within fifteen (15) days after receipt of written notice of disapproval thereof from Landlord or the Association, until the same are approved by Landlord and the Association if applicable. In the event the Association or Landlord fails to grant its approval (or disapproval) of Tenant’s plans and specifications within ten (10) days prior of Tenant’s submission (and/or resubmission) of the same, then Landlord and/or the Association, as the case may be, shall be deemed to have approved the commencement same. In connection with any Alteration of any such work within the Leased PremisesPremises by Tenant, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance comply with all applicable governmental requirements federal, state, county and local laws and ordinances (including Houston Building Code requirementsincluding, without limitation, the ADA), (v) such alterations are not visible from outside and all rules and regulations of any governmental authority having jurisdiction over the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Building.

Appears in 1 contract

Samples: Lease Agreement (Ultimate Software Group Inc)

Alterations. Provided Tenant agrees that it will make no alterations, ----------- additions or improvements to the Premises without the prior written consent of the Landlord and that all alterations, additions or improvements made by or for the Tenant, including, without limitation, any and all subdividing partitions, walls or railings of whatever type, material or height, excepting movable office furniture installed at the expense of Tenant, shall, when made, become the property of the Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the end of the Lease term, except with regard to improvements made to the Premises after the initial upfitting of the Premises, if Landlord, at the time of giving its consent thereto, shall notify Tenant has notified Landlord that it may be required to remove same at the end of the term, then in writing such case, upon Landlord's request, Tenant shall remove such improvements at least ten (10) days the end of the term, and restore the Premises to the condition existing prior to the commencement making of such improvements,, normal wear and tear excepted. Tenant shall not core drill or in any other manner attempt to penetrate or penetrate the floors of the Building without obtaining permission of Landlord. In the event that Tenant constructs any improvements to the Premises, then those improvements must be constructed (a) using, at least, finishes which are standard to the Building and according to plans and specifications and using only contractors and subcontractors approved by Landlord in advance, and (b) in compliance with all applicable laws, ordinances, rules, building codes, and regulations of Federal, State, municipal and county authorities, including without limitation, the procurement of a building permit, and (c) in a diligent, good and workmanlike manner. Tenant, or Tenant's contractor, shall obtain a Builders' Risk Insurance Policy in such amount as is reasonably requested by Landlord, naming Landlord and Building Manager as an additional insured and providing that it will not be canceled without giving Landlord at least 15 days prior written notice thereof. Any mechanical or electrical work and any penetration of floors must be performed by Landlord's contractors and subcontractors. Upon completion of any such work within construction by Tenant, Tenant must furnish Landlord with a complete set of as-built plans and specifications for the Leased same. Tenant will not permit and will indemnify Landlord and hold it harmless from any mechanic's or materialmen's liens against the Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with any such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingimprovements.

Appears in 1 contract

Samples: Smartage Corp

Alterations. Provided Tenant covenants and agrees that Tenant has notified Landlord in writing at least ten (10) days prior he will not paint, make alterations, improvements or additions to the commencement exterior of the demised premises, or of a structural nature, during the term of this lease or any such work within extension thereof without the Leased Premises, written consent of the Landlord first had and obtained. The Tenant shall have the right to make non-structural minor alterations or physical additions (including fixtures) and improvements to the Leased Premises subject to interior of the following limitations: (i) demised premises which are not of a structural nature, provided such alterations shall be made at the expense of Tenant with the prior approval of and under the supervision of the Landlord. All alterations, improvements, and additions will not impair made by the structural integrity of the Building, (ii) such alterations and additions will not affect the mechanical, electrical, plumbing, heating, Tenant including air-conditioning, or ventilation systems all electric wiring, electric fixtures show window reflectors, screen doors, cabinets, awnings, awning frames and floor coverings shall immediately become the property of Landlord and shall not be removed by Tenant at the Leased Premises, (iii) such alterations and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leaselease or any renewal hereof, unless Landlord shall, prior to the termination of this lease, have given written notice to Tenant to remove the same, in which event, Tenant shallshall remove such alterations, improvements, and additions and restore the premises to the same good order and conditions in which it was at the time of the commencement of this lease. Should Tenant fail so to do, Landlord may do so, collecting, at Landlord's option, the cost and expense thereof from the Tenant as additional rent. If leasehold improvements of Lessee are assessed by the government and due to that assessment an amount of tax is imposed to Lessee, it is understood that it will be the sole discretion and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards responsibility of the Building Tenant of paying such taxes and in no event such taxes will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingbe transferable to Landlord.

Appears in 1 contract

Samples: Lease Agreement (American Community Properties Trust)

Alterations. Provided that Tenant has notified Landlord in writing at least ten (10) days prior shall not make or suffer to be made any alterations, additions, changes or improvements in, on, or to the commencement Premises or any part thereof without the prior written consent of Landlord; and any such alterations, additions, changes or improvements in, on, or to said Premises, except for Tenant's movable furniture and equipment shall immediately become Landlord's property and, at the end of the Term hereof, shall remain on the Premises without compensation to Tenant unless Tenant elects to remove same, in which event Tenant shall do so, and also restore the Premises to its pre-existing condition at Tenant's sole cost and expense. In the event Landlord consents to the making of any such work within alterations, additions, changes or improvements by Tenant, the Leased Premises, Tenant same shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, be made by Tenant, at Tenant's sole expensecost and expense in accordance with all applicable laws, shall statutes, ordinances, rules and regulations public and private and all requirements of Landlord's and Tenant's insurance policies, and in accordance with plans and specifications approved by Landlord (such approval not be permitted unreasonably withheld, delayed or conditioned). Any contractor or person selected by Tenant 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 shallmake the same and all subcontractors must first be approved in writing by Landlord or, at Landlord's sole discretion opinion, the alteration, addition or improvement shall be made by Landlord for Tenant's account and Tenant shall reimburse Landlord for the cost thereof upon demand; provided, that should Landlord elect to perform for Tenant's account, the cost thereof to Tenant shall be competitive with any preferred estimate previously obtained by Tenant and provided to Landlord for such alteration, addition or improvements. Upon the expiration or sooner termination of the Term herein provided, Tenant may opt to remove any improvements or alteration at Tenant's sole cost and expense and Tenant shall forthwith and with all due diligence, at its sole cost and expense, remove such stairwells thereupon repair and restore the Leased Premises to its their original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Building.

Appears in 1 contract

Samples: Office Lease Agreement (Witness Systems Inc)

Alterations. Provided that Tenant has notified Landlord in writing at least ten No alterations, additions or improvements (10) days prior to the commencement of any such work within the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtureshereinafter ----------- "Alterations") to the Leased Premises subject to shall be made by the following limitations: (i) such alterations and additions will not impair the structural integrity Tenant without written consent of the BuildingLandlord, (ii) and with respect to nonstructural Alterations Landlord agrees not to unreasonably withhold, condition or delay such alterations and additions will not affect the mechanicalconsent. All work done in connection with any Alterations, electricalfollowing Landlord's approval thereof, plumbing, heating, air-conditioning, or ventilation systems of the Leased Premises, (iii) such alterations and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished shall be done in a good and workmanlike manner and manner, in accordance with all applicable governmental requirements (including Houston Building Code requirements)laws, (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains with all applicable governmental permits and approvals therefor obtained by Tenant and performed by contractors approved by Landlord. Any such contractor shall be required to provide a certificate of comprehensive general liability and property damage insurance in connection with the amount of $1,000,000.00, naming Landlord as an additional insured. Any Alterations made by the Tenant after such alterations or additions. Subject to (i) through (vi) immediately aboveconsent shall have been given, and further subject to Landlord's prior reasonable approval any non-trade fixtures installed as part thereof shall become the property of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that the Landlord upon the expiration or earlier other sooner termination of this Lease, Tenant shallunless, at the time of Landlord's sole discretion and consent to such Alterations, Landlord shall require the removal of some or all of same, in which event the Tenant shall have the obligation to remove such Alterations or fixtures, (or the portion thereof designated by Landlord) at the Tenant's sole expensecost upon the termination of this Lease, remove such stairwells in all events, leaving the Premises in good order and restore the Leased Premises to its original condition. Except as expressly provided aboverepair, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries reasonable wear and tear and damage by fire or other heavy furniture or equipment within casualty only excepted. It is agreed that (unless otherwise required by Landlord at the Leased Premises without first obtaining time of its consent) all wiring and cabling installed in the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that remain upon the alterations or additions are in conformity with the standards termination of the Building Lease and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingshall become Landlord's property.

Appears in 1 contract

Samples: Sublease Agreement (Mothernature Com Inc)

Alterations. Provided 7. (A) Tenant shall make no changes in or to the Premises of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this Article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements ("Alterations") 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 from Landlord's approved list of contractors. Tenant agrees that all Alterations shall be performed by Tenant has notified in accordance with Landlord's Uniform Rules and Regulations for Alterations. Tenant agrees to use Landlord's approved engineer for the Building for the preparation of all construction documents and drawings pertaining to any Alterations and to use Landlord's architect to file all plans with and obtain all required permits from appropriate governmental authorities. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in writing at least ten (10) Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant no later than twenty days prior to the commencement of any such work within date fixed as the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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, 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 items 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 and 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 the election of Landlord, either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall, before making any Alterations, at Landlord's sole discretion 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 sole 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 Tenant's expense, remove such stairwells and restore by filing the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingbond required by law.

Appears in 1 contract

Samples: Lease Commencement Agreement (Techsys Inc)

Alterations. Provided 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, provided that Tenant has notified provides Landlord with prior written notice thereof, and Tenant shall be required to obtain Landlord’s prior written consent with regard to Material Alterations, which consent shall not be unreasonably withheld or delayed; provided further, however, that in writing at least ten connection with Material Alterations which would (10a) days prior to in any way affect the commencement exterior of the Premises, or (b) involve significant structural alterations such as penetration all (or substantially all) the way through a floor slab, or alteration of structural columns or structural steel, or (c) materially adversely affect the Building systems, then Landlord’s consent is in Landlord’s sole discretion. Before proceeding with any such work within the Leased PremisesMaterial Alteration, Tenant shall have submit to Landlord for Landlord’s approval, the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the following limitations: (i) such alterations and additions will not impair the structural integrity name of the Buildingcontractor and plans and specifications for the work to be done and Tenant shall not proceed with such work until it obtains Landlord’s approval, (ii) such alterations as provided above. Tenant, at its expense, shall obtain all necessary governmental permits and additions will not affect certificates for the mechanical, electrical, plumbing, heating, air-conditioning, or ventilation systems commencement and prosecution of the Leased Premises, (iii) such alterations Alterations and additions will not in for final approval thereof upon completion and shall cause the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished Alterations to be performed in a good and workmanlike manner and in accordance with the requirements of all applicable governmental requirements (including Houston Building Code requirements)authorities. All Alterations shall be diligently performed in a good and workmanlike manner, (v) such alterations are not visible from outside using materials and equipment at least equal in quality and class to the Leased original installations of the Premises. All decorations, additions, improvements or other Alterations to the Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required except for the Tenant’s Property, shall, unless Landlord elects otherwise in connection with such alterations or additions. Subject to (i) through (vi) immediately abovewriting, become the property of Landlord upon the expiration of this Lease, and further subject shall be surrendered with the Premises at the expiration of this Lease. Landlord shall have the right to Landlord's prior reasonable designate at the time of its approval of all plans any request by Tenant for permission to make Material Alterations to the Premises or following receipt by Tenant of notice of other Alterations to be made by Tenant 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 be in Landlord’s reasonable discretion, based upon sound business judgment as to the probable effect of such 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 Alteration to the Premises shall be removed at Tenant’s expense upon the expiration or sooner termination of the Term of this Lease and specifications thereforTenant, at its expense, shall also repair any damage to the Premises caused by such removal and shall restore the affected portions of the Premises to a tenantable whole, reasonable wear and tear, casualty, condemnation and acts of nature excepted. Without limiting the generality of the foregoing, Tenant, at Tenant's sole its expense, shall be permitted remove the test kitchen from the Premises at the end of the Term and shall repair any damage to install internal stairwells between any two floors which Tenant occupies exclusively the Premises and the Building occasioned by such removal of the test kitchen. During the review and approval process for Leasehold Improvement Plans pursuant to this Lease the Construction Addendum, Landlord may identify other specialized Leasehold Improvements (such as the gymnasium, internal staircases, cafeterias, and data centers in excess of 2,500 Usable Square Feet) which, if constructed, will be required to be removed by Tenant in the same manner as the test kitchen, 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 Leased Premises to its original condition. Except as expressly provided above, Tenant Landlord shall not make or allow to be made any alterations or physical additions (including fixtures) require the removal of Leasehold Improvements which are customary for comparable first-class multi-tenant office buildings in or to the Leased Premises or place safesCoral Gables, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the BuildingFlorida.

Appears in 1 contract

Samples: Lease (Burger King Holdings Inc)

Alterations. Provided that Tenant has notified Prior to February 1, 1990, Landlord in writing at least ten (10) days prior to the commencement of any such work within the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished complete in a ----------- good and workmanlike manner the work set forth in Exhibit B attached hereto and in accordance with all applicable governmental requirements made a part hereof (including Houston Building Code requirementsthe "Primary Work"). If the Primary Work is not completed prior to February 1, (v) such alterations are not visible from outside 1990, Tenant shall receive a credit of one day's Base Rent and Expenses for each day thereafter until the Leased PremisesPrimary Work is completed. Tenant shall not, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to without Landlord's prior reasonable approval of all plans and specifications thereforwritten consent, Tenant, at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that upon expiration alter or earlier termination of this Lease, Tenant shall, at remodel the Premises; Landlord's sole discretion and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant consent shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations In the event that Landlord consents to any proposed alteration or physical remodeling of the Premises, such consent shall specify whether Landlord will require Tenant to remove the same upon expiration of the Term. All work performed by or on behalf of Tenant shall be in accordance with good construction practices, all applicable laws, insurance requirements, and Landlord's reasonable rules and regulations. Further, Landlord shall have no responsibility or liability for any loss or damage to any property belonging to Tenant. Tenant shall obtain at Tenant's sole expense all certificates and approvals which may be necessary so that a certificate of occupancy for the Premises (if any is required) may be issued. Copies of all such certificates shall be delivered to Landlord. Prior to the commencement of any work by Tenant, Tenant shall (i) obtain or cause to be obtained public liability and workmen's compensation insurance to cover every contractor to be employed by Tenant and such contractor's subcontractors, and shall deliver duplicate originals of all certificates of such insurance to Landlord for approval; (ii) furnish Landlord with all necessary permits, licenses, approvals, certificates and authorizations for prosecution and completion of such work; and (iii) furnish Landlord with such other documents as may be reasonably requested by Landlord. Tenant shall also pay the cost of all signage and the installation thereof. Landlord shall have the right, but not the duty, to inspect construction operations in connection with any work completed or being completed on the Premises. All alterations, improvements and additions whether temporary or permanent in character made by Landlord or Tenant in or upon the Premises shall, unless Landlord specifies that the Tenant shall remove such alterations, improvements and additions upon the termination of this Lease (in which event Tenant shall so remove the same upon the termination of this Lease), become Landlord's property and shall remain upon the Premises at the termination of this Lease by lapse of time or otherwise, without compensation to Tenant. Nothing herein shall give Landlord any interest in Tenant's personal property, office furniture, office equipment, trade fixtures (including track lighting), cables, data processing equipment or appliances, which shall remain the property of Tenant subject to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards provisions of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the BuildingSection 5.4 hereof.

Appears in 1 contract

Samples: Coyote Sports Inc

Alterations. Provided 8. Tenant shall not make any alterations, additions or improvements to the demised premises (whether or not the same may be structural in nature) without Landlord's prior written consent. Tenant shall submit plans and specifications for any such work to Landlord for its approval in accordance with Section 4(c) above. In the event Landlord provides such consent to the Tenant or a contractor working for Tenant to alter or improve the premises or install fixtures or equipment, such work shall not commence until Landlord has notified Tenant that Landlord has completed its work and if permission to enter the premises prior to the commencement date in Section 2 is granted, Tenant shall have no right to possession until after the commencement date. Tenant shall be responsible for compliance with the governmental rules and regulations including those regarding the obtaining of licenses or permits, reviews and inspections and shall not by its work interfere with Landlord's ability to obtain inspections and a certificate of occupancy. Alternations, additions or improvements made by either party hereto to the demised premises, except medical trade fixtures or moveable office furniture and equipment installed at Tenant's expense, shall be the property of Landlord and remain upon and be surrendered with the demised premises at the expiration of the Lease term or any renewal hereof, provided, however, that Landlord may require Tenant to remove any additions made by Tenant to the premises and to repair any damages caused by such removal, and provided further, that if Tenant has notified Landlord in writing not removed its property and equipment at least the expiration or within ten (10) days prior to the commencement of any such work within the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that upon expiration or earlier after termination of this Lease, Tenant shall, at Landlord's sole discretion and Tenant's sole expense, remove such stairwells and restore Landlord may elect to retain the Leased Premises to its original conditionsame as abandoned property. Except as expressly provided above, Tenant shall only use contractors approved by Landlord for the permitted alternations to the premises and shall not make or allow permit any mechanics liens to be made any alterations placed or physical additions (including fixtures) in or to remain upon the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingpremises.

Appears in 1 contract

Samples: Office Lease (Beacon Education Management Inc)

Alterations. Provided Tenant may, from time to time, at its expense, make alterations, installations or improvements in and to the Premises (hereinafter collectively referred to as “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 have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant first obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, which consent shall not to be unreasonably withheld withheld, conditioned or delayed. Any alterations or physical additions in or Landlord will respond to Tenant’s request for consent within twenty (20) business days of Landlord’s receipt of such request. All of the Leased following shall apply with respect to all Alterations: (a) the Alterations are non-structural and the structural integrity of the Premises shall not be subject to any reasonable terms or conditions Landlord may require to ensure that adversely affected; (b) the alterations or additions are in conformity with the standards proper functioning of the Building and will not impair the structural, mechanical, electrical, plumbingheating, heatingventilating, air-conditioningconditioning (“HVAC”), or ventilation integrity sanitary and other service systems of the BuildingPremises shall not be adversely affected; (c) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; and (d) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Landlord, for its written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2 above) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2. Tenant shall cause the Alterations to be performed in compliance with all applicable permits, Laws and requirements of public authorities. Tenant shall cause the Alterations to be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the standards for the Premises established by Landlord. Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, governmental permits and certificates and proof of payment for all labor and materials, including, without limitation, copies of paid invoices and final lien waivers. If Landlord consents to any such Alteration then at the time Landlord so consents, Landlord shall also advise Tenant whether or not Landlord shall require that Tenant remove such Alterations at the expiration or termination of this Lease. If Landlord requires Tenant to remove the Alterations, then, during the remainder of the Term, Tenant shall be responsible for the maintenance of appropriate commercial property insurance (pursuant to Section 10.2) therefor; however, if Landlord shall not require that Tenant remove the Alterations which are permanent leasehold improvements, as opposed to Tenant’s Property, such Alterations which are permanent leasehold improvements shall constitute Landlord’s Property and Landlord shall be responsible for the insurance thereof, pursuant to Section 10.1. Landlord shall not charge any administrative, processing or management fee in connection with Tenant’s performance of Alterations; however, Tenant shall reimburse Landlord for any actual, third party costs incurred by Landlord in connection therewith.

Appears in 1 contract

Samples: Lease Agreement

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 have the right not make or cause to be made any alterations, additions or improvements or install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, or shades or awnings, or make non-structural alterations or physical additions (including fixtures) any other changes to the Leased Premises subject without first obtaining Landlord’s written approval, which approval shall not be unreasonably withheld. Tenant shall present to the following limitations: (i) Landlord plans and specifications for such alterations and additions will not impair work at the structural integrity time approval is sought. In the event Landlord consents to the making of the Buildingany alterations, (ii) such alterations and additions will not affect the mechanical, electrical, plumbing, heating, air-conditioningadditions, or ventilation systems of improvements to the Leased PremisesPremises by Tenant, (iii) the same shall be made by Tenant at Tenant’s sole cost and expense. All such alterations work with respect to any alterations, additions, and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished changes shall be done in a good and workmanlike manner and diligently prosecuted to completion such that, except as absolutely necessary during the course of such work, the Leased Premises shall at all times be a complete operating unit. Any such alterations, additions, or changes shall be performed and done strictly in accordance with all applicable governmental requirements (including Houston Building Code requirements)laws and ordinances relating thereto. In performing the work or any such alterations, (v) additions, or changes, Tenant shall have the same performed in such alterations are a manner as not visible from outside to obstruct access to any portion of the Building. Any alterations, additions, or improvements to or of the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately aboveincluding, but not limited to, wallcovering, fume hoods, darkroom, paneling, and further subject to Landlord's prior reasonable approval of all plans built-in cabinet work, but excepting movable furniture and specifications therefor, Tenant, at Tenant's sole expenseequipment, shall at once become a part of the realty and shall be permitted to install internal stairwells between surrendered with the Premises, unless Landlord and Tenant agree at any two floors which time that the specific improvement may be removed by Tenant occupies exclusively pursuant to this Lease at the end of the Term 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 restores the Leased Premises premises to its original condition, wear and tear excepted. Except If there is an agreement to allow removal, such items which are the subject of agreement shall be listed on Exhibit F which agreement, as expressly provided abovemay be revised by the parties from time to time, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or a part of this Lease. The parties have agreed as to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Building.items 1 through 8 listed on Exhibit F.

Appears in 1 contract

Samples: Lease Agreement (Myriad Genetics Inc)

Alterations. Provided that Tenant has notified Landlord in writing at least ten (10) days prior shall not make any structural alterations, additions or improvements to the commencement Premises or Property without the prior written consent of any such work within Landlord. Notwithstanding the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications thereforaforesaid, Tenant, at Tenant's sole cost and expense, may construct interior non-structural alterations, additions or improvements to the Premises, or install such trade fixtures as Tenant may deem necessary, so long as such improvements and trade fixtures do not penetrate or disturb the structural integrity and support provided by the roof, exterior walls or subfloors. All such improvements and trade fixtures shall be permitted to install internal stairwells between any two floors which constructed and/or installed in a good and workmanlike manner, and in compliance with all applicable governmental and quasi-governmental laws, ordinances and regulations, as well as all requirements of Landlord's insurance carrier. Tenant occupies exclusively pursuant to this Lease provided that may remove all alterations, additions, improvements and trade fixtures installed by Tenant from the Premises upon the expiration or earlier termination of this Lease; and, Tenant shall, at Landlord's sole discretion and Tenant's sole expense, remove upon such stairwells and restore the Leased Premises to its original condition. Except as expressly provided aboveremoval, Tenant shall not make repair the Premises to a condition substantially similar to that condition when received by Tenant, except for normal wear and tear and damage due to casualty. Notwithstanding the aforesaid, all such alterations, additions, or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment improvements left by Tenant after lease termination shall remain within the Leased Premises without first obtaining upon the written consent termination of Landlordthis Lease, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises and shall be subject delivered up to Landlord along with the Premises. Landlord shall have no right to any reasonable terms of Tenant's trade fixtures; and, except as otherwise set forth in this Lease, Tenant may remove such trade fixtures upon the termination of this Lease, provided Tenant repairs any damage caused by such removal. Upon termination of this lease, Tenant shall restore the premises to its prior condition for any alterations, additions or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingimprovements made without Landlord's approval.

Appears in 1 contract

Samples: Warehouse Lease Agreement (Nooney Realty Trust Inc)

Alterations. Provided that Tenant has notified Landlord shall make no changes in writing at least ten (10) days prior or to the commencement demised premises of any such work within the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additionsnature without Owner's prior written consent. Subject to (i) through (vi) immediately abovethe prior written consent of Owner, and further subject to Landlord's prior reasonable approval the provisions of all plans and specifications thereforthis article, Tenant, at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors may make alterations, installations, additions or improvements which Tenant occupies exclusively pursuant to this Lease provided that upon expiration are non-structural and which do not affect utility services or earlier termination of this Leaseplumbing and electrical lines, Tenant shall, at Landlord's sole discretion and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises interior of the demised premises by using contractors or place safesmechanics first approved in each instance by Owner. Tenant shall, vaultsbefore making any alterations, additions, installations or improvements, 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 Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x 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 done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within 30 days thereafter, at Tenant's expense, by payment or filing cabinetsthe bond required by law. All fixtures and all paneling, libraries partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other heavy furniture installation as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or equipment within the Leased Premises without first obtaining the written consent of Landlord, not building due to such removal. All property permitted or required to be unreasonably withheld or delayed. Any alterations or physical additions removed by Tenant at the end of the term remaining in or to the Leased Premises premises after Tenant's removal shall be subject to any reasonable terms deemed abandoned and may, at the election of Owner, either be retained as Owner's property or conditions Landlord may require to ensure that be removed from the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingpremises by Owner at Tenant's expense.

Appears in 1 contract

Samples: Berkshire Bancorp Inc /De/

Alterations. Provided a Tenant shall make no alterations, additions or improvements in or to the Premises without Landlord's prior written consent,* and then only by contractors or mechanics approved by Landlord such consents and approvals by Landlord shall not be unreasonably withheld or delayed. Tenant shall submit to Landlord plans and specifications for any proposed alterations, additions or improvements to the Premises, and may not make such alterations, additions or improvements until Landlord has approved of such plans and specifications. Tenant shall construct such alterations, additions or improvements in accordance with the plans and specifications approved by Landlord, and shall not amend or modify such plans and specifications without Landlord's prior written consent. If the proposed change requires the consent or approval of any lessor of a superior lease, or the holder of a mortgage encumbering the Premises, such consent or approval must be secured prior to the construction of such alteration, addition or improvement.** Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the building or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. All such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant has notified covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, 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 Office, and of any similar body. Before commencing any work, Tenant shall give Landlord in writing at least ten (10) days prior to written notice of the proposed commencement of any such work within and shall, if required by Landlord and other than for the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 work described in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval Work Letter Agreement of all plans and specifications therefor, Tenant, even date herewith secure at Tenant's sole expenseown *unless such alterations, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioningadditions, or ventilation integrity improvements are less than a cost of the BuildingFive Thousand and No/100 Dollars ($5,000.00). **and Landlord agrees to cooperate in obtaining any such consent or approval.

Appears in 1 contract

Samples: Letter Agreement (Stac Inc)

Alterations. Provided Tenant will not make any modifications, improvements, alterations, additions or installations in or to the Premises that affect the Original Building's structural systems, the Expansion Building's structural systems, or the Core Building Systems, or that will cost more than $50,000.00 per building, without Xxxxxxxx's prior written consent, which consent will not be unreasonably withheld. Tenant has notified will notify Landlord prior to making any modifications, improvements, alterations, additions or installations in writing or to the Premises (referred to in this section as the "work"), regardless of whether Xxxxxxxx's consent is required in connection with such work. Along with any request for Xxxxxxxx's consent and at least ten (10) 15 days prior to the before commencement of any such work within or delivery of any materials to be used in any work to the Leased Premises, Tenant shall will furnish Landlord with plans and specifications, estimated commencement and completion dates, the name and address of Tenant's general contractor, and the necessary permits and licenses. Xxxxxxxx will have the right to make post notices of non-structural alterations responsibility or physical additions (including fixtures) similar notices on the Premises in order to protect the Leased Premises subject against any liens resulting from such work. Xxxxxx agrees to indemnify, defend and hold Landlord harmless from any and all claims and liabilities of any kind and description which may arise out of or be connected in any way with such work. Tenant will pay the following limitations: (i) cost of all such alterations work, and additions will not impair also the structural integrity cost of painting, restoring or repairing the Premises occasioned by such work. Upon completion of the Buildingwork, (ii) such alterations Xxxxxx will furnish Landlord with contractor's affidavits that include full and additions final waivers of liens and receipts for all amounts due for labor and materials. In the case of any work that required Xxxxxxxx's consent, Tenant will not affect the mechanical, electrical, plumbing, heating, airalso provide Landlord with as-conditioning, or ventilation systems built plans and specifications of the Leased PremisesPremises as altered by such work. All work will comply with all insurance requirements and all applicable Laws (including, (iiiwithout limitation, the ADA) such alterations and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished be constructed in a good and workmanlike manner manner, using materials of first-class quality and in accordance with free and clear of all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) liens or claims therefor. Tenant obtains all applicable governmental permits and approvals required will permit Landlord to inspect construction operations in connection with any such alterations work. Xxxxxxxx's approval of any plans for any modifications, improvements, alterations, additions or additions. Subject to (i) through (vi) immediately above, and further subject to installations proposed by Tenant will not constitute a representation that the same will comply with Laws or be fit for any particular purpose; such approval will merely constitute Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall be permitted consent to construct or 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) same in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the BuildingPremises.

Appears in 1 contract

Samples: Alliance Data Systems Corp

Alterations. Provided Tenant shall not make or suffer to be made any alterations, additions, or improvements in, on, or to the Premises or any part thereof without the prior consent of Landlord; provided, however, that Tenant has notified Landlord in writing at least ten (10) days prior to the commencement of any such work within the Leased Premises, Tenant shall have the right be permitted to make interior, non-structural alterations or physical additions (including fixtures) to o the Leased Premises subject to the following limitations: (i) without Landlord’s consent provided such alterations and additions will not impair the structural integrity of the Building, (ii) such alterations and additions will do not affect the mechanicalBuilding’s MEP systems, electricallife safety systems, plumbing, heating, air-conditioning, HVAC system or ventilation systems of the Leased Premises, (iii) such alterations structural integrity and additions will do not in the aggregate cost more than $50,000 20,000 in any twelve (excluding carpet 12) month period.. Any such alterations, additions, or improvements in, on, or to said Premises, except for Tenant’s movable furniture and paint)equipment, (iv) shall immediately become Landlord’s property and, at the end of the term hereof, shall remain on the Premises without compensation to Tenant. In the event Landlord consents to the making of any such alterations alteration, addition, or improvement by Tenant, the same shall be made by Tenant, at Tenant’s sole cost and additions are accomplished in a good and workmanlike manner and expense, in accordance with all applicable governmental requirements (including Houston Building Code requirements)laws, (v) such alterations are not visible from outside the Leased Premisesordinances, and (vi) Tenant obtains regulations and all applicable governmental permits requirements of Landlord’s and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately aboveTenant’s insurance policies, and further subject to Landlord's prior reasonable approval of all in accordance with plans and specifications thereforapproved by Landlord and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing at the time of installation by Landlord. Upon the expiration or sooner termination of the term herein provided, TenantTenant shall, at Tenant's ’s sole cost and expense, shall forthwith and with all due diligence, remove any or all alterations, additions, or improvements made by or for the account of Tenant which were designated by Landlord at the time of installation in writing as alterations, additions or improvements that must be permitted to install internal stairwells between any two floors which removed by Tenant occupies exclusively pursuant to this Lease provided that upon as of the expiration or earlier termination of this the Lease, Tenant shall, at Landlord's sole discretion and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided aboveOtherwise, Tenant shall have no obligation to remove any such alterations, additions or improvements. In addition, notwithstanding anything herein to the contrary, in the event the Tenant is permitted to remove an improvement within the Premises, or in the event the permitted alteration to the Premises includes demolition, the Tenant shall not make or allow be required to be made replace any alterations or physical additions (including fixtures) in such improvement or to construct any improvements upon the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards termination of the Building and will not impair Lease unless the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of Landlord required the Buildingsame at the time the Landlord granted its consent to such alterations.

Appears in 1 contract

Samples: Office Lease Agreement (Neenah Paper Inc)

Alterations. Provided that Tenant has notified will not, without Landxxxx'x xrior written consent, (which consent may be withheld for any reason whatsoever in Landlord's sole and absolute discretion) make alterations, additions or improvements (including, but not limited to, structural alterations, additions or improvements) in or about the Premises and will not do anything to or on the Premises which will increase the rate of fire or other insurance on the Complex or the Property. If Landlord shall fail to notify Tenant in writing at least ten of such election within said thirty (1030) days prior day period, Landlord shall be deemed to have elected to deny such consent. All alterations, additions or improvements of a permanent nature made or installed by Tenant to the commencement Premises shall become the property of any such work within Landlord at the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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. Landlord reserves the right to require Tenant, at Landlord's sole discretion and Tenant's sole cost and expense, to remove such stairwells any improvements or additions made to the Premises by Tenant and to repair and restore the Leased Premises to its original condition. Except as expressly provided abovetheir condition prior to such alteration, addition or improvement, reasonable wear and tear, unrepaired casualty not caused by Tenant shall not make (or allow to be made any alterations by Tenant's contractors, subcontractors, customers, employees, licensees, agents or physical additions (including fixturesinvitees permitted or invited [whether by express or implied invitation]) and condemnation excepted, unless Landxxxx xxx agreed in writing, at or prior to the Leased Premises time Tenant requests the right to make such alteration, addition or place safesimprovement, vaults, filing cabinets, libraries that such item need not be removed by Tenant at the expiration or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards earlier termination of the Building Term. Landlord shall have the right to assess an administrative fee and will not impair the structurala legal processing fee to cover Landlord's review of materials for any proposed Tenant alteration, mechanical, electrical, plumbing, heating, air-conditioning, addition or ventilation integrity of the Buildingimprovement.

Appears in 1 contract

Samples: Lease Agreement (Pivotal Corp)

Alterations. Provided Licensee shall not make any changes, ------ ----------- additions, improvements, alterations or other physical changes to the Licensed Space, the Building or any portions thereof, or any of the systems therein or thereon (referred to collectively as "Alterations" and singly as an ----------- "Alteration") without the prior written consent of Licensor in each instance, ---------- and in the event that Tenant has notified Landlord Licensor grants such consent, such Alteration shall be made in writing compliance with all Legal Requirements and performed in a manner and at least ten such times as Licensor reasonably designates and such Alterations or installations shall not, in any event, interfere with the use and operation of the Building by Licensor or any tenant, licensee, occupant or user thereof. Without limiting the aforesaid, Licensee agrees that (10a) days prior to any Alterations by Licensee or the installation of any of Licensee's equipment in the Licensed Space, Licensee shall submit detailed plans and specifications of the planned Alteration or installation to Licensor for Licensor's approval, provided that in no event will Licensor's approval of such plans be deemed a representation that they comply with applicable Legal Requirements, and will not cause interference with communication operations of Licensor, or any tenant, licensee, user or occupant of the Building and any such Alterations shall be made only in accordance with the plans and specifications approved by Licensor, (b) all contractors performing any Alterations, modification or maintenance work on behalf of Licensee at the Licensed Space or in the Building shall be subject to the prior written approval of Licensor prior to the commencement of such work, which approval shall not be unreasonably withheld. In the event Licensor or its agents employ any such work within independent architect or engineer to examine any plans or specifications submitted by Licensee to Licensor in connection with any proposed Alteration, Licensee agrees to pay to Licensor a sum equal to any reasonable fees incurred by Licensor in connection therewith. Nothing in this License Agreement shall be construed in any way as constituting the Leased Premisesconsent or request of Licensor, Tenant shall have express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialmen, for the right to make non-structural alterations performance of any labor or physical additions (including fixtures) to the Leased Premises subject to furnishing of any material for any specific Alteration to, or repair of, the following limitations: (i) such alterations and additions will not impair the structural integrity of Licensed Space, the Building, (ii) such alterations and additions will not affect or any part thereof. Any mechanic's or other lien filed against the mechanical, electrical, plumbing, heating, air-conditioningBuilding, or ventilation systems the real property on which the Building is situated, for work claimed to have been done for, or materials claimed to have been furnished to, Licensee or any person claiming through or under Licensee or based upon any act or omission or alleged act or omission of the Leased Premises, Licensee or any such person shall be discharged by Licensee (iiiby bond or otherwise) such alterations and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at TenantLicensee's sole cost and expense, shall 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 within twenty (20) days after the filing of this Lease, Tenant shall, at Landlord's sole discretion and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildinglien.

Appears in 1 contract

Samples: License Agreement (Cdnow N2k Inc)

Alterations. Provided that Tenant has notified Landlord in writing at least ten Without Sublessor’s prior written consent, which consent will not be unreasonably withheld, conditioned or delayed, Subtenant shall not make (10a) days prior any repairs, alterations, replacements, other improvements or installations to the commencement exterior of the Demised Premises or Building A or the foundation, roof, exterior walls, gutters, downspouts, canopy, storefront or any such work within structural parts of the Leased Demised Premises, Tenant shall have the right to make (b) any interior, non-structural repairs, alterations, installations or improvements to the Demised Premises the estimated cost of which exceeds Fifty Thousand Dollars ($50,000.00), or (c) any repairs, alterations, installations or improvements that would affect any centralized or common utilities or any other tenant’s or occupant’s HVAC system or systems or any Building system serving another tenant. If Sublessor’s approval is required for any alterations or physical additions (including fixtures) improvements, Subtenant shall submit to Sublessor all plans and specifications for any such repairs, alterations, installations or improvements unless such alterations or improvements do not require a building permit, in which case Subtenant shall provide a reasonable description of its intended alterations and improvements. Any repairs, alterations, installations or improvements by Subtenant permitted hereunder shall conform to the Leased Premises requirements of, and be subject to the following limitations: (i) such alterations and additions will Parent Lease, including, without limitation, obtaining any consents required thereunder. If Sublessor does not impair approve a proposed alteration, Sublessor shall provide its reasons for disapproval. Subtenant agrees that any repairs, alterations, replacements, other improvements or installations made by Subtenant to or upon the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished Demised Premises shall be done in a good and workmanlike manner and in accordance conformity with all applicable governmental requirements (including Houston Building Code requirements)laws, (v) such alterations are ordinances and regulations of all public authorities having jurisdiction, that materials of good quality shall be employed therein, that the structure of the Demised Premises shall not visible from outside be endangered or impaired thereby. Subtenant shall procure at its sole expense all necessary permits before making any repairs, alterations, improvements or installations. Upon request of Subtenant, Sublessor shall request the Leased Premisescooperation therewith of Parent Landlord. Subtenant shall save Sublessor and Parent Landlord harmless from, and (vi) Tenant obtains defend and indemnify Sublessor and Parent Landlord against, any and all applicable governmental permits and approvals required injury, loss claim or damage to any person or property occasioned by or arising out of the doing of any such work, except to the extent such injury, loss, claim or damage is caused by the negligence or willful misconduct of Sublessor. Subtenant shall permit no mechanic’s, materialmen’s or other lien against the Demised Premises in connection with such alterations any materials, labor or additions. Subject equipment furnished, or claimed to (i) through (vi) immediately abovehave been furnished, to or for Subtenant, or anyone claiming under Subtenant, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, if any such lien shall be filed against the Demised Premises Subtenant shall cause the same to be discharged, provided, however, that Subtenant may contest such lien as long as the enforcement thereof is stayed, but in any event, Subtenant shall either cause any such lien to be discharged of record within ten (10) days of any request of any mortgagee, or of Parent Landlord or Sublessor or in lieu thereof, if permitted 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 the Parent Lease, Tenant shallwhile contesting the same as aforesaid, at Landlord's sole discretion and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make deposit with any mortgagee or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards prospective mortgagee of the Building Demised Premises, pending such contest, a sum sufficient to cover the amount of said lien and will not impair the structuralall interest, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingpenalties and costs that would be payable to discharge such lien if such lien were valid.

Appears in 1 contract

Samples: Sublease (HeartWare International, Inc.)

Alterations. Provided that Sub-Tenant has notified Landlord in writing at least ten (10) days prior shall not make any alterations, additions or improvements to the commencement Premises without the prior written consent of any such work within Sub-Lessor. Sub-Tenant may, without the Leased Premisesconsent of Sub-Lessor, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the following limitations: (i) such alterations but at its own costs and additions will not impair the structural integrity of the Building, (ii) such alterations expense 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and 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 Sub-Tenant may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in accordance each case complying with all applicable governmental requirements (including Houston Building Code requirements)laws, (v) such alterations are not visible from outside the Leased Premisesordinances, regulations, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additionsother requirements. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that upon expiration or earlier At the termination of this Lease, Sub-Tenant shall, at Landlord's sole discretion and Tenant's sole expenseif Sub-Lessor so elects, remove such stairwells all alterations, additions, improvements and partitions erected by Sub-Tenant and restore the Leased Premises to its their original condition; otherwise such improvements shall be delivered up to the Sub-Lessor with the Premises. Except All shelves, bins, machinery and trade fixtures installed by Sub-Tenant may be removed by Sub-Tenant at the termination of this Lease if Sub-Tenant so elects, and shall be removed if required by Sub-Lessor. All such removals and restoration shall be accomplished in a good workmanlike manner so as expressly provided abovenot to damage the primary structure or structural qualities of the buildings and other improvements situated on the Premises. All roof penetrations and roof alterations of any kind which are approved by Sub-Lessor, Tenant shall not make or allow be performed by the Sub-Lessor's roofing contractor at Sub-Tenant's cost and expense. Prior to be made making any alterations or physical additions (including fixtures) in or repairs to the Leased Premises which will involve the alteration or place safesremoval of plumbing, vaultselectrical wiring, filing cabinetsair conditioning, libraries heating or other heavy furniture ventilating systems, or equipment within the Leased Premises without first obtaining fire sprinkling systems, Sub-Tenant shall furnish Sub-Lessor with a set of the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that plans and specifications for the alterations or additions are in conformity with the standards of the Building repairs and will shall not impair the structural, mechanical, electrical, plumbing, heating, aircommence any such work without Sub-conditioning, or ventilation integrity of the BuildingLessor's express written approval.

Appears in 1 contract

Samples: Sub Lease Agreement (Michael Lambert, Inc.)

Alterations. Provided that Tenant has notified Landlord Lessee shall make no changes in writing or to the Premises of any nature without Lessor's prior written consent which shall not be unreasonably withheld. Lessee shall conduct all alterations and improvements in a merchantable manner, subject to the prior written consent of Lessor. Any Lessee alterations, additions or improvements shall only be permitted, if at least ten all, where such improvements 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 by Lessor. All fixtures and all paneling, partitions, railing and like installations, installed in the Premises at any time, either by Lessee or by Lessor on Lessee's behalf, shall, upon installation, become the property of Lessor and shall remain upon and be surrendered with the Premises unless Lessor by notice to Lessee no later than twenty (1020) days prior to the commencement of any such work within date fixed as the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 shallelects to relinquish Lessor's right hereto and to have them removed by Lessee, in which event, the same shall be removed from the Premises by Lessee prior to the expiration of the Lease at LandlordLessee's sole discretion expense. Nothing in this article shall be construed to give Lessor title to or to prevent Lessee's removal of trade fixtures, moveable office furniture and Tenant's sole equipment, but upon removal of any such items from the premises or upon removal of other installations as may be required by Lessor. Lessee may remove its curtains, furniture and accessories. Lessee shall immediately and at its expense, remove such stairwells repair and restore the Leased Premises to its original conditionthe condition existing prior to installation and repair any damage to the Premises or the building due to such removal. Except as expressly provided above, Tenant shall not make All property permitted or allow required to be made any alterations or physical additions (including fixtures) removed by Lessee at the end of the term remaining in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises after Lessee's removal shall be subject deemed abandoned and may, at the election of Lessor, either be retained as Lessor's property or may be removed from the Premises by Lessor at Lessee's expense. Lessee shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any government 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 any reasonable terms or conditions Landlord may require Lessor and Lessee agrees to ensure that the alterations or additions are in conformity with the standards of the Building carry and will not impair the structuraluse Lessee's contractors and sub-contractors to carry such xxxxxxx'x compensation, mechanicalgeneral liability, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingpersonal property and property damage insurance as Lessor may require.

Appears in 1 contract

Samples: Lease Agreement (Top Source Technologies 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 have the right not without first obtaining Landlord’s written approval: (a) make or cause to be made any alterations, additions, or improvements; (b) install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, shades or awnings; or (c) make non-structural alterations or physical additions (including fixtures) any other changes to the Leased Premises subject without first obtaining Landlord’s written approval. The foregoing notwithstanding, if the proposed alteration, addition or improvement is, in Landlord’s judgment, likely to affect the following limitations: (i) such alterations and additions will not impair structure of the structural integrity Building or the electrical, plumbing or HVAC systems or otherwise adversely impacts the value of the Building, (ii) such alterations consent may be withheld at the sole and additions will absolute discretion of the Landlord; except for the foregoing, Landlord’s approval shall not affect be unreasonably withheld. Tenant shall present to Landlord plans and specifications for such work at the mechanicaltime approval is sought. In the event Landlord consents to the making of any alterations, electrical, plumbing, heating, air-conditioningadditions, or ventilation systems of improvements to the Leased PremisesPremises by Tenant, (iii) the same shall be made by Tenant at Tenant’s sole cost and expense. All such alterations work shall be done only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld. All such work with respect to any alterations, additions, and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished changes shall be done in a good and workmanlike manner and diligently prosecuted to completion such that, except as absolutely necessary during the course of such work, the Leased Premises shall at all times be a complete operating unit. Any such alterations, additions, or changes shall be performed and done strictly in accordance with all applicable governmental requirements (including Houston Building Code requirements)laws and ordinances relating thereto. In performing the work or any such alterations, (v) additions, or changes, Tenant shall have the same performed in such alterations are a manner as not visible from outside to obstruct access to any portion of the Building. Any alterations, additions, or improvements to or of the Leased Premises, including, but not limited to, wall covering, paneling, built-in cabinet work, but excepting movable furniture and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expenseequipment, shall at once become a part of the realty and shall 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 surrendered with the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to unless Landlord otherwise elects at the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards end of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingterm hereof.

Appears in 1 contract

Samples: Lease Agreement (Forevergreen Worldwide Corp)

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 have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations alterations, additions or physical additions (including fixtures) in or improvements to the Leased Premises Premises, or place safesalterations, vaultseither at the inception of the Lease or subsequently during the Term, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the prior written consent of Landlord, which consent shall not to be unreasonably withheld withheld. Tenant shall deliver to Landlord the contractor's name, references and state license number, and a certificate of insurance naming Landlord and Project as additional insureds, as well as full and complete plans and specifications of all such alterations, additions or delayedimprovements, and any subsequent modifications or additions to such plans and specifications, and no proposed work shall be commenced or continued by Tenant until Landlord has received and given its written approval of each of the foregoing. Any alterations Landlord shall either approve or physical disapprove any proposed alteration, addition or improvement on or before thirty (30) days following receipt of all of the foregoing items. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are accurate, safe or sufficient or that the same comply with any applicable laws, ordinances, building codes, or the like. Further, Tenant shall indemnify and hold Landlord and the Building harmless from any loss, cost or expense, including attorneys' fees and costs, incurred by Landlord as a result of any defects in design, materials or workmanship resulting from Tenant's alterations, additions in or improvements to the Leased Premises Premises. All alterations, additions or improvements shall remain the property of Tenant until termination of the Lease, at which time they shall, unless otherwise elected by Landlord, by written notice to Tenant, be and become the property of Landlord. All manufacturing and processing equipment installed by Tenant shall remain the property of Tenant, and shall be subject to any reasonable terms or conditions Landlord may require to ensure that removed at the alterations or additions are in conformity with the standards end of the Building Term. Landlord may, as a condition to approval of any such alterations, additions or improvements, require Tenant to remove any partitions, counters, railings and/or other improvements installed by Tenant during the Term, and will not impair the structuralTenant shall repair all damage resulting from such removal or, mechanicalat Landlord's option, electricalshall pay to Landlord all costs arising from such removal. All repairs, plumbingalterations, heatingadditions and restorations by Tenant hereinafter required or permitted shall be done in a good and workmanlike manner and in compliance with all applicable laws and ordinances, airbuilding codes, by-conditioninglaws, regulations and orders of any federal, state, county, municipal or ventilation integrity other public authority and of the Buildinginsurers of the Premises. If required by Landlord, Tenant shall secure at Tenant's own cost and expense a completion and lien indemnity bond or other adequate security, including without limitation an indemnity agreement from Tenant's parent in form and substance reasonably satisfactory to Landlord. Tenant shall reimburse Landlord for Landlord's reasonable charges (including any professional fees incurred by Landlord and a reasonable administrative fee as established by Landlord from time to time) for reviewing and approving or disapproving plans and specifications for any proposed alterations.

Appears in 1 contract

Samples: Letter Agreement (Eden Bioscience Corp)

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 have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) no changes in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises demised premises of any nature without first obtaining the Owner's prior written consent of Landlord, which consent shall not to be unreasonably withheld or delayed. Any alterations Subject to the prior written consent of Owner, and in the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or physical additions improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the Leased Premises interior of the demised premises using contractors or mechanics first approved by Owner. Tenant shall, at its expense, before 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 xxxxxxx'x 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 subject to 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 reasonable terms time, either by Tenant or conditions Landlord may require to ensure that by Owner on Tenant's behalf, shall, upon installation, become the alterations or additions are in conformity property of Owner and shall remain upon and be surrendered with the standards demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the same shall be removed from the demised premises by Tenant prior to the expiration of the Building 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 will not impair equipment, but upon removal of any such from the structuralpremises or upon removal of other installations as may be required by Owner, mechanicalTenant shall immediately and at its expense, electricalrepair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed, plumbing, heating, air-conditioning, or ventilation integrity by Tenant at the end of the Buildingterm remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's property or removed from the premises by Owner, at Tenant's expense.

Appears in 1 contract

Samples: Agreement of Lease (Logimetrics 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 have the right not make or cause to be made any alterations, additions or improvements or install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, or shades or awnings, or make non-structural alterations or physical additions (including fixtures) any other changes to the Leased Premises subject without first obtaining Landlord’s written approval, which approval shall not be unreasonably withheld. Tenant shall present to the following limitations: (i) Landlord plans and specifications for such alterations and additions will not impair work at the structural integrity time approval is sought. In the event Landlord consents to the making of the Buildingany alterations, (ii) such alterations and additions will not affect the mechanical, electrical, plumbing, heating, air-conditioningadditions, or ventilation systems of improvements to the Leased PremisesPremises by Tenant, (iii) the same shall be made by Tenant at Tenant’s sole cost and expense. All such alterations work with respect to any alterations, additions, and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished changes shall be done in a good and workmanlike manner and diligently prosecuted to completion such that, except as absolutely necessary during the course of such work, the Leased Premises shall at all times be a complete operating unit. Any such alterations, additions, or changes shall be performed and done strictly in accordance with all applicable governmental requirements (including Houston Building Code requirements)laws and ordinances relating thereto. In performing the work or any such alterations, (v) additions, or changes, Tenant shall have the same performed in such alterations are a manner as not visible from outside to obstruct access to any portion of the Building. Any alterations, additions, or improvements to or of the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately aboveincluding, but not limited to, wall covering, fume hoods, darkroom, paneling, and further subject to Landlord's prior reasonable approval of all plans built-in cabinet work, but excepting movable furniture and specifications therefor, Tenant, at Tenant's sole expenseequipment, shall at once become a part of the realty and shall be permitted to install internal stairwells between surrendered with the Premises, unless Landlord and Tenant agree at any two floors which time that the specific improvement may be removed by Tenant occupies exclusively pursuant to this Lease at the end of the Term 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 restores the Leased Premises premises to its original condition, wear and tear excepted. Except If there is an agreement to allow removal, such items which are the subject of agreement shall be listed on Exhibit F which agreement, as expressly provided abovemay be revised by the parties from time to time, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or a part of this Lease. The parties have agreed as to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Building.items listed on Exhibit G.

Appears in 1 contract

Samples: Lease Agreement (Myriad Genetics Inc)

Alterations. Provided Lessee shall not make any alterations, additions, partitions or other improvements to the Premises without the prior written consent of Lessor which consent shall not be unreasonably withheld or delayed. Lessee, at its own cost and expense, may erect shelves, bins, machinery and trade fixtures as it desires as well as alterations, additions, partitions, or other improvements which have been specifically consented to in writing by Lessor, provided that Tenant has (a) such items do not alter the basic character of the Premises or the building and/or improvements of which the Premises are a part, (b) such items do not overload or damage tile same, (c) such items may be removed without injury to the Premises, and (d) the construction, erection or installation thereof complies with all applicable governmental laws, codes, ordinances, regulations, or any other applicable authorities, including, without limitation, the ADA; and with Lessor's details, specifications and other requirements. Any architectural, engineering, construction management, permits, inspections, or other cost or fee required to assure compliance with the conditions set forth in this Paragraph 6 shall be paid by Lessee promptly upon demand. All alterations, additions, partitions, or other improvements erected by Lessee shall be and remain the property of Lessee during the term of this Lease; provided, however, at the termination of this Lease, Lessor shall have the option, exercisable in Lessor's sole discretion, to require Lessee either (i) upon request to remove, at Lessee's sole cost and expense, all or part of any alterations, additions, partitions, or other improvements, at which time Lessee shall promptly restore the Premises to its original condition ordinary wear and tear excepted (this option is available to Lessor only if Lessor notified Landlord Lessee of same in writing at least ten (10) days prior the time Lessor consented to the commencement of any such work within the Leased Premisesalterations), Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the following limitations: (i) such alterations and additions will not impair the structural integrity of the Building, (ii) to keep in place the same, at which time such alterations alterations, additions, improvements, and additions will not affect partitions shall become the mechanicalproperty of Lessor. All shelves, electricalbins, plumbing, heating, air-conditioning, machinery and trade fixtures installed by Lessee shall be removed on or ventilation systems before the earlier to occur of the Leased date of termination of this Lease or vacating the Premises, (iii) such alterations at which time Lessee shall restore the Premises to their original condition ordinary wear and additions will not in the aggregate cost more than $50,000 (excluding carpet tear excepted. All alterations, installations, removals and paint), (iv) such alterations and additions are accomplished 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 buildings and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside other improvements situated on the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within of which the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildinga part.

Appears in 1 contract

Samples: Lease Agreement (Industrial Data Systems Corp)

Alterations. Provided that Except for any initial improvement of the Premises by Landlord pursuant to the Approved Plans and Specifications as defined in Exhibit C, which shall be governed by the provisions of said Exhibit C and any improvements costing less than $20,000 and which do not affect the structure or systems of the Building, Tenant has notified shall not 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 or equipment thereto, without first obtaining Landlord's written consent, which consent shall not be unreasonably withheld. Any such alterations, additions or improvements to the Premises consented to by Landlord in writing at least shall be made by Landlord or under Landlord's supervision for Tenant's account by a contractor approved by Tenant and Landlord and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead and services not to exceed five (5%) percent of the costs of such alterations), as Rental, within ten (10) days prior to after receipt of a statement. The Tenant Improvements and all such alterations, additions and improvements, except for computers and related equipment associated with the commencement of any such work within the Leased PremisesData Center, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to become Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, property at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that upon the expiration or earlier termination of this Leasethe term hereof and shall remain on the Premises without compensation to Tenant unless Landlord elects by notice to Tenant at the time Landlord approves such alterations, additions or improvements to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Paragraph 9 hereof, Tenant shallshall promptly restore, at Landlord's its sole discretion cost and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or condition prior to the Leased Premises or place safesinstallation of such alterations, vaultsadditions and improvements, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building normal wear and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingtear excepted.

Appears in 1 contract

Samples: Interland Inc /Mn/

Alterations. Provided that Tenant has notified shall not make, without the prior written consent of Landlord, which will not be unreasonably withheld, any alterations, additions or improvements to the Premises. Landlord’s decision to refuse such consent shall be conclusive. If Landlord consents to such alterations, additions or improvements, before commencement of the work or delivery of any materials onto the Premises or into the Building, Tenant shall furnish to Landlord for approval (i) plans and specifications, (ii) names and addresses of contractors, (iii) copies of contracts, necessary permits and licenses and (iv) instruments of indemnification against any and all claims, costs, expenses, damages and liabilities which may arise in writing at least ten (10) days connection with such work, all in such form, substance and amount as may be satisfactory to Landlord. In addition, prior to the commencement of any such work within or delivery of any materials into the Leased Premises, Tenant shall have provide Landlord with appropriate evidence of Tenant’s ability to pay for such work and materials in full, and if requested by Landlord, shall deposit with Landlord at such time such security for the right to make nonpayment of said work and materials as Landlord may require. All alterations, additions and improvements shall be’ installed in a good, workmanlike manner and only new, high-structural alterations grade materials shall be used. All such work shall be done only by contractors or physical additions (including fixtures) to the Leased Premises mechanics approved by Landlord and shall be subject to Landlord’s scheduling requirements and regulations. Tenant further agrees to hold Landlord harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations, additions or improvements. All contractors and subcontractors must execute a Tenant’s Contractor and Subcontractor Agreement prior to beginning any work on the following limitations: (i) such alterations and additions will not impair the structural integrity of Premises. Before commencing any to the Building, (ii) such alterations and additions will not affect including the mechanical, electrical, plumbing, heating, air-conditioning, or ventilation systems of the Leased Premises, (iii) occasioned by such alterations alterations, additions and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required improvements work in connection with such alterations alterations, additions or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided aboveimprovements, Tenant shall not make furnish Landlord with certificates of insurance from all contractors performing labor or allow furnishing materials insuring Landlord against any and all liabilities which may arise out of or be connected in any way with said alterations, additions or improvements. Tenant shall permit Landlord to be made any alterations or physical additions (including fixtures) supervise construction operations in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity connection with the standards foregoing work if Landlord requests to do so. Tenant shall pay the cost of all such alterations, additions and improvements, as well as the Building cost of decorating and will not impair repairing any damage, including the structuralcost of labor and materials, mechanicalcontractors’ profits, electricaloverhead and general conditions, plumbingand a reasonable fee to Landlord. Upon completing any alterations, heatingadditions or improvements, air-conditioningTenant shall furnish Landlord with contractors’ affidavits in form required by law, or ventilation integrity and full and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations, additions and improvements shall comply with all insurance requirements and with all city and county ordinances and regulations and with the Buildingrequirements of all state and federal statutes and regulations.

Appears in 1 contract

Samples: Office Lease (Regado Biosciences Inc)

Alterations. Provided that Tenant has notified Landlord in writing at least ten (10) days prior shall not make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the commencement Premises or any part thereof or the making of any improvements in excess of $5,000.00 non-structural as required by Article 7 without the prior written consent of Landlord, which may be withheld in Landlord's reasonable discretion. Any alteration, additions or improvements to be done by Tenant as part of Tenant's initial occupancy shall be specified in Exhibit B. Any alteration, addition, or improvement in, on or to the Premises including carpeting, but excepting movable furniture and personal property of Tenant removable without material damage to the properly or the Premises, shall be and remain the property of Tenant during the Term but shall, unless Landlord elects otherwise, become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Term and title shall pass to Landlord under this Lease as by a bill of sale. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. In the event landlord consents to the making of any such work within the Leased Premisesalteration, addition, or improvement by Tenant, at Xxxxxx's sole cost and expense. All alterations, additions or improvements proposed by Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and be constructed in accordance with all applicable governmental requirements (including Houston Building Code requirements)government laws, (v) ordinances, rules and regulations and Tenant shall, prior to construction, provide such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to assure payment of the costs thereof and to protect landlord against any loss from any mechanics', materialmen's prior reasonable approval or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4 above any increase in real estate taxes attributable to any such alteration, addition, or improvement for so long, during the Term, as such increase is ascertainable. Upon the expiration or sooner termination of all plans and specifications thereforthe Term as herein provided, TenantTenant shall upon demand by Landlord, at Tenant's sole cost and expense, forthwith and with all due diligence remove any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall 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 shallforthwith and with all due diligence, at Landlord's its sole discretion cost and Tenant's sole expense, remove such stairwells repair and restore the Leased Premises to its their original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building wear and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingtear and loss by casualty covered by Article 23 excepted.

Appears in 1 contract

Samples: Infiniti Solutions LTD

Alterations. Provided that Except as provided in Subsection 9.3 Tenant has notified may not, without first obtaining Landlord's written consent and, when required by Landlord in writing provide Landlord with drawings, plans and specifications prepared at least ten Tenant's expense and approved by Landlord, (10a) days prior make alterations to the commencement of any such work within the Leased Premises, Tenant shall have the right to make non-structural alterations (b) install, modify, replace or physical additions (including in any way change any floor or wall covering, ceiling, lighting, fixtures) to the Leased Premises subject to the 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-conditioningwiring, or ventilation systems signage, (c) install, modify, replace or in any way change curtains, draperies or other hangings on or beside the windows. Tenant may not change locks to any doors between the Premises and Building Common Areas under any circumstances without the prior written permission of Landlord or its representative. Tenant shall assure any approved lock changes are keyed to the building master key. Tenant shall be solely responsible for making sure that its alterations to the Premises comply with all laws, including applicable provisions of the Leased PremisesAmericans with Disabilities Act, 42 U.S.C. Ch. 126 (iii) such alterations and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint"ADA"), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all Xxxxxx's drawings, plans and specifications thereforshall create no responsibility or liability on the part of Landlord for compliance with applicable laws, Tenantregulations or ordinances, including the ADA. Tenant shall reimburse Landlord for any reasonable sums expended for examination and approval of the architectural and mechanical plans and specifications for alterations. Tenant shall reimburse Landlord for its direct reasonable costs incurred during any inspection or supervision of the alterations. All approved work shall be at Tenant's sole expense, expense and shall be permitted performed by workmen and contractors approved by Landlord. Xxxxxxxx's consent may be withdrawn by written notice 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 Leaseif, Tenant shall, at in Landlord's sole discretion and Tenantreasonable judgment, Xxxxxx's sole expensecontractors, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make workmen or allow to be made any alterations suppliers are interfering with workmen or physical additions (including fixtures) in contractors of Landlord or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildinganother tenant.

Appears in 1 contract

Samples: Lease Agreement

Alterations. Provided that Tenant has notified Landlord Sublessee shall not make any alterations, installations, and improvements to the Premises without first obtaining the prior consent of both Sublessor and Prime Lessor, and any such approved alterations, installations and improvements shall comply with Section 7.5 of the Prime Lease, and Sublessee shall be obligated to comply with the terms and provisions of Section 7.5 as required by “Tenant” thereunder. Sublessor shall not be responsible for the failure or refusal of Prime Lessor to consent to such improvements but will use diligent and reasonable efforts to obtain such consent (which such diligent and reasonable efforts shall be limited to notifying Prime Lessor in writing of such request and cooperating with Sublessee and Prime Lessor in obtaining such consent). Any such approved alterations, additions or improvements shall be done at least ten (10) days prior to the commencement of any such work within the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished Sublessee’s sole expense in a good and workmanlike manner and in accordance compliance with all applicable governmental laws and codes and the applicable requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside of the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additionsPrime Lease. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable At the time of its approval of all plans and specifications thereforany such alterations, Tenant, at Tenant's sole expense, Sublessor shall notify Sublessee if Sublessee shall be permitted required to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that remove the same upon the expiration or earlier termination of the Sublease Term; provided; however, that if neither Sublessor nor Prime Lessor notifies Sublessee otherwise at the time of such approval, such alterations shall become the property of Prime Lessor and remain upon and be surrendered with the Premises. Notwithstanding the exclusion of Section 5.4 of the Prime Lease from this Lease, Tenant shall, at Landlord's sole discretion and Tenant's sole expense, remove such stairwells and restore the Leased Premises Sublease pursuant to its original condition. Except as expressly provided Section 2.2.2(ii) above, Tenant Sublessee shall not make any installations or allow alterations to the roof of the Building without complying with the terms and provisions of Section 5.4 and Section 7.4(b) of the Prime Lease, in addition to the terms and provisions of this Section 7.1. Upon the expiration or earlier termination of the Sublease Term, Sublessee shall not be required to remove any improvements located in the Premises as of the Commencement Date. Sublessor has approved in concept the planned alterations to be made any performed by Sublessee (attached hereto as Exhibit E), specifically including the addition of four (4) fume hoods; provided that Sublessor will have the right to review and approve the detailed drawings for such alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any and such alterations or physical additions in or to the Leased Premises shall will be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards approval of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the BuildingPrime Lessor.

Appears in 1 contract

Samples: Sublease (Genocea Biosciences, Inc.)

Alterations. Provided that 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 has notified shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's 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 Demised Premises consented to by Landlord in writing at least shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days prior to the commencement after receipt of any a statement. All such work within the Leased Premisesalterations, Tenant additions and improvements shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to become Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, property at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that upon the expiration or earlier termination of this Leasethe Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shallshall promptly restore, at Landlord's its sole discretion cost and Tenant's sole expense, remove such stairwells and restore the Leased Demised Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or condition prior to the Leased Premises or place safesinstallation of such alterations, vaultsadditions and improvements, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building normal wear and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingtear excepted.

Appears in 1 contract

Samples: Lease Agreement (Tenera Inc)

Alterations. Provided that Except as provided in Section 4(B)(2)(v), Tenant has notified will not make any alterations, additions or improvements in or to the Premises or add, disturb or in any way change any plumbing, wiring, life/safety or mechanical systems, locks, or structural portions of the Building (any of the same, "Alterations") without the prior written consent of the Landlord as to the character of the Alterations, the manner of doing the work, and the contractor doing the work (approval of the Preliminary Plans, Final Plans and any Change Requests shall be governed by Article 4 and shall not require separate consent under this Article 12). Such consent shall not be unreasonably withheld, conditioned or delayed. If Landlord fails to approve or disapprove any proposed Alterations in writing at least ten within five (105) business days prior to the commencement of any receipt of a request therefor from Tenant, then such Alterations shall be deemed approved by Landlord. All such work within the Leased Premisesshall comply with all applicable governmental laws, ordinances, rules and regulations. Landlord shall not be permitted to charge any supervisory or other fees or charges with respect to, or otherwise profit from, any Alterations. Tenant shall have the right to make non-structural alterations perform approved Alterations 24 hours per day, seven days per week, together with reasonable access to freight elevators, loading docks and other common areas; provided that Tenant will use reasonable efforts to avoid undue disturbance of other tenants of the Building between 8:00 a.m. and 5:00 p.m. weekdays. Landlord, in connection with its approval of any Alterations, shall provide Tenant with a list of those improvements which Landlord will require Tenant to remove at the end of the Term (or physical additions (including fixtureslast Renewal Term, if applicable) pursuant to Article 19 below. Any improvements not on such list, or if Landlord fails to supply such list to Tenant prior to the Leased Premises subject to the following limitations: (i) such alterations and additions will not impair the structural integrity approval of the BuildingAlterations, (ii) then Landlord shall be deemed to have waived its rights under Article 19 to require Tenant to so remove such alterations improvements. Notwithstanding the foregoing in connection with any Tenant's equipment or other personal property and/or trade fixtures being removed by Tenant, unless otherwise agreed in writing by Landlord, Tenant shall remove all conduit, cabling, piping 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) wiring which Tenant obtains all applicable governmental permits and approvals required installed in connection with such alterations or additions. Subject to (i) through (vi) immediately aboveproperty being removed, and further subject shall restore the Premises and/or repair any damage thereto resulting from such removal. Tenant shall own, and have the right to Landlord's prior reasonable approval remove at any time during or at the end of the Term (or last Renewal Term, if applicable), all plans personal property installed in the Premises by Tenant and specifications therefor, Tenant, at all of Tenant's sole expenseequipment, shall 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 Leaseincluding, Tenant shallwithout limitation, at Landlord's sole discretion generators, removable HVAC equipment, batteries, and Tenant's sole expense, remove such stairwells and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the BuildingUPS systems.

Appears in 1 contract

Samples: License Agreement (Inflow Inc)

Alterations. Provided that Except as set forth on Exhibit C, Tenant has notified shall make no structural alterations, installations, additions or improvements (including demolition of existing walls) (any of the foregoing, the “Material Alterations”) in, on or to the Leased Premises without Landlord’s prior written consent. Tenant shall notify Landlord in writing at least ten (10) days prior the event that it wants to the commencement of any such work within make Material Alterations to the Leased Premises. A description of the desired Material Alterations shall be included with the notice. Unless Landlord agrees otherwise, any approved Material Alterations shall be completed on Tenant’s behalf by architects, engineers, workmen and/or contractors hired by Landlord. Tenant shall have the right to make non-structural alterations or physical additions approve pricing for any Material Alterations completed on its behalf. All such work shall be designed and made in a manner (including fixturesincluding, but not limited to, obtaining all applicable permits), by architects, engineers, workmen and contractors, satisfactory to Landlord and completed in accordance with the requirements of (c) below. Except when Landlord informs Tenant otherwise, all Material Alterations (including, without limitation, partitions, millwork, fixtures and heating, ventilating and air conditioning modifications) made to the Leased Premises subject by or for Tenant shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the expiration or termination of this Lease or the termination of Tenant’s right to the 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 possession of the Leased Premises. If Material Alterations are to be removed, Tenant shall be required to remove (iii) such alterations and additions will not or reconstruct in the aggregate cost more than $50,000 (excluding carpet and paint), (ivinstance of the demolition of walls) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Material Alterations made and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make area from which the removal (or allow to be made any alterations or physical additions (including fixturesreconstruction) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingoccurred.

Appears in 1 contract

Samples: Lease Agreement (Trans1 Inc)

Alterations. Provided that Tenant has notified Landlord in writing at least ten (10) days prior shall not perform any alterations, additions, demolition, installations, or improvements in, on, of or to the commencement Premises (“Alterations”) without Landlord’s prior written consent, which Landlord shall not unreasonably withhold except as provided below. No Alterations shall be permitted that, in Landlord’s sole discretion, adversely affect the Building’s systems, structure or exterior appearance, or value or marketability of any such work within the Leased Premises. All Alterations shall be performed in accordance with all applicable laws, codes, regulations, ordinances and rules. All Alterations shall be performed in a good and workmanlike manner by tradesmen skilled in their respective trades, using only new materials. All Alterations and Tenant’s Work shall, upon installation, become part of the Premises, Tenant shall be owned by Landlord, and shall, unless Landlord requires removal, remain in the Premises at the expiration or termination of this Lease or termination of Tenant’s right to possession of the Premises, without compensation or credit to Tenant. Landlord shall, without limitation, have the right to receive and approve all contractors, subcontractors, construction contracts, plans and specifications, contractor insurance and sworn owners affidavits. In addition Owner shall have the right to make non-structural alterations or physical additions (including fixtures) require satisfactory evidence of Tenant’s ability to pay and the posting of payment and performance bonds from contractors. Notwithstanding anything to the Leased Premises subject contrary, Tenant may, without Landlord’s consent, but with prior notice to Landlord, make alterations to the following limitations: interior of the Premises, the cost of which does not exceed $250,000 in the aggregate, and which do not alter, modify or in any other manner whatsoever affect (i) such alterations the structural portions of the Premises, (ii) the roof of the building of which the Premises shall form a part and additions will the exterior of the Premises (including but not impair limited to the storefront), (iii) the structural integrity of the Buildingbuilding of which the Premises shall form a part, or (iiiv) such alterations and additions will not affect the mechanicalplumbing, electrical, plumbingheating, heatingventilating, air-conditioning, or ventilation mechanical systems of the Leased Premises, (iii) such alterations and additions will not or installations in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Building.

Appears in 1 contract

Samples: Childrens Place Retail Stores Inc

Alterations. Provided that Tenant has notified Landlord in writing at least ten (10) days prior shall not make any alterations, improvements, or additions of or to the commencement of Premises (collectively, “Alteration”) without Landlord’s advance written consent in each and every instance. In the event Tenant desires to make any such work within the Leased PremisesAlteration, Tenant shall have the right first submit to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all Landlord plans and specifications therefortherefor and obtain Landlord’s written approval thereof prior to commencing any such work. Any contractor hired by Tenant must be properly insured and, Tenantif required, licensed. Each and every Alteration, whether temporary or permanent in character, made by Landlord or Tenant in or upon the Premises shall become Landlord’s property and shall remain upon the Premises at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that upon the expiration or earlier termination of this LeaseLease without compensation to Tenant (excepting only Tenant’s movable office furniture, trade fixtures, office and professional equipment) unless Landlord in writing requires Tenant shall, at Landlord's sole discretion and Tenant's sole expense, to remove such stairwells Alteration upon expiration of the term of this Lease or any extension period, if extended. Landlord shall serve such writing upon Tenant regarding the removal of an Alteration not later than ninety (90) days prior to the expiration of the term of this Lease or extension period, if extended, and Tenant shall thereafter remove such Alteration as herein required, repair any damage caused by such removal and restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) the condition specified in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent Section 10 of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingthis Lease.

Appears in 1 contract

Samples: Agreement of Lease (Harris Interactive Inc)

Alterations. Provided that 3. Tenant has notified Landlord shall make no changes in writing at least ten (10) days prior or to the commencement demised premises of any such work within the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additionsnature without Owner’s prior written consent. Subject to (i) through (vi) immediately abovethe prior written consent of Owner, and further subject to Landlord's prior reasonable approval the provisions of all plans and specifications thereforthis article, Tenant, at Tenant's sole ’s expense, shall be permitted may make alterations, installations, additions or improvements which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that upon expiration the interior of the demised premises using contractors or earlier termination of this Lease, mechanics first approved in each instance by Owner. Tenant shall, at Landlord's sole discretion and Tenant's sole its expense, remove before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such stairwells permits, approvals and certificates to Owner. Tenant agrees to carry and will cause Tenant’s contractors and sub-contractors to carry such xxxxxxx’x 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, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant’s expense, by payment or filing the bond required by law or otherwise. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant’s behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner’s right thereto and to have them removed by Tenant, in which event the same shall be removed from the demised premises by Tenant prior to the expiration of the lease, at Tenant’s expense. Nothing in this Article shall be construed to give Owner title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the Leased Premises premises to its original conditionthe condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. Except as expressly provided above, Tenant shall not make All property permitted or allow required to be made any alterations or physical additions (including fixtures) removed by Tenant at the end of the term remaining in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises premises after Tenant’s removal shall be subject to any reasonable terms deemed abandoned and may, at the election of Owner, either be retained as Owner’s property or conditions Landlord may require to ensure that removed from the alterations or additions are in conformity with the standards of the Building and will not impair the structuralpremises by Owner, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingat Tenant’s expense.

Appears in 1 contract

Samples: American Realty Capital New York Recovery Reit Inc

Alterations. Provided that Tenant has notified Landlord A. Lessee shall not install any signs, fixtures, improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Real Property without the prior written consent of Lessor, which consent Lessor may withhold in the exercise of Lessor’s sole and absolute discretion. If any such Alteration is expressly permitted by Lessor, Lessee shall deliver at least fifteen (15) days prior notice to Lessor, from the date Lessee intends to commence construction, sufficient to enable Lessor to post a Notice of Non-Responsibility. In all events, Lessee shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Lessor. All Alterations shall be at Lessee’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Lessor, and shall be installed by a licensed, insured (and bonded, at least Lessor’s option) contractor (reasonably approved by Lessor) in compliance with all applicable laws. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Lessor’s approval of any plans, specifications or working drawings for Lessee’s Alterations shall not create nor impose any responsibility or liability on the part of Lessor for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Lessee shall have the work performed in such a manner as not to obstruct access to the Laboratory. As Additional Rent hereunder, Lessee shall reimburse Lessor, within ten (10) days prior after demand, for actual legal, engineering, architectural, planning and other expenses incurred by Lessor in connection with Lessee’s Alterations. If Lessee makes any Alterations, Lessee agrees to the commencement carry “Builder’s All Risk” insurance, in an amount approved by Lessor and such other insurance as Lessor may require, it being understood and agreed that all of any such work within the Leased Premises, Tenant Alterations shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the 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 $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and be insured by Lessee in accordance with Section 7 A. immediately upon completion thereof. Lessee shall keep the Real Property free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Lessee. Lessee shall, prior to construction of any and all applicable governmental requirements (including Houston Building Code requirements)Alterations, (vcause its contractor(s) such alterations are not visible from outside the Leased Premisesand/or major subcontractor(s) to provide insurance as reasonably required by Lessor, and (vi) Tenant obtains all applicable governmental permits Lessee shall provide such assurances to Lessor, including without limitation, waivers of lien, surety company performance bonds as Lessor shall require to assure payment of the costs thereof to protect Lessor and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately abovethe Real Property from and against any loss from any mechanic’s, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole expense, shall 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 Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries material men’s or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms or conditions Landlord may require to ensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Buildingliens.

Appears in 1 contract

Samples: Lease Agreement (Standard Gold)

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