Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premises.
Appears in 3 contracts
Samples: Lease Agreement (Hayes Corp), Lease Agreement (Hayes Corp), Lease Agreement (Hayes Corp)
Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, including but not limited to, to roof and wall penetrations) which cost in excess of $10,000.00 per project without the prior written consent of Landlord. Such consent will Landlord which shall not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlordreasonably withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or 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 Term of this lease 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 Premises to their original condition by the date of termination of this lease Lease or upon earlier vacating of the premises; Premises, provided, however, that if Landlord so elects prior to termination of this lease Lease or upon earlier vacating of the premisesPremises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease Lease or upon earlier vacating of the premises Premises and shall be delivered up to the Landlord with the premisesPremises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or of structural qualities of the building buildings and other improvements situated on the premisesPremises.
Appears in 2 contracts
Samples: Lease Agreement (Intracel Corp), Lease Agreement (Intracel Corp)
Alterations. Except for the Tenant shall Improvements, Tenant will not make any alterations, additions or improvements to the premises Premises (including, but not limited to, roof and wall penetrations) penetrations without the prior written consent of Landlord. Such consent will Landlord (not to be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterationsunreasonably withheld, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlorddelayed). Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner manner, erect such shelves, bins, machinery and machinery, movable lab benches, equipment, trade fixtures (defined as any fixtures used by Tenant in its specific business and not paid for by Landlord) and other non-structural interior improvements as it may deem advisable, without altering the basic character or structure of the building Premises or improvements and without overloading or damaging such building the Premises or improvementsBuilding, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirementsApplicable Laws. All Tenant will not make any alterations, additionsadditions or improvements to the Premises which will contravene Landlord’s policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies reasonably acceptable to Landlord. If any such alterations, additions or improvements and partitions erected cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof (as reasonably documented by Landlord), Tenant will pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. Within thirty (30) days receipt of reasonable documentation from Landlord following the completion of any alteration, addition, or improvement at the Premises by Tenant shall that requires the prior consent of Landlord, Landlord will be reimbursed for any reasonable outside consultant or design professional costs actually incurred by Landlord to review any plans or supervise construction work (not to exceed the lesser of $1,500.00 or 5% of Tenant’s “hard” construction costs). No such reimbursement will be required for any alteration, addition or improvement that does not require the consent of Landlord. Any and 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 improvements, partitions and partitions fixtures erected by Tenant will be the property of Landlord and restore will remain at the premises to their original condition by the date of Premises upon termination of this lease the 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 premisesPremises. All shelves, bins, machinery machinery, trade fixtures, and trade fixtures other interior non-structural improvements installed by Tenant will remain the personal property of Tenant and may be removed by Tenant prior to the termination of this lease if Lease provided such removal may be accomplished without damage to the Premises or Building that cannot be repaired by Tenant so electsas set forth in this subparagraph. Prior to vacating the Premises, Tenant will repair any damage to the Premises or Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, or any Tenant Party. Should Tenant fail to conduct any such repair within ten (10) days of written notice from Landlord, Landlord may, at its option, perform same, and shall Tenant will remit payment to Landlord for the actual cost and expense incurred by Landlord in effecting such repair promptly upon demand. Tenant will have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim will affect and each such lien will attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to be removed paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the date Premises at the request of termination Tenant on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of Landlord in the Premises or under the terms 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesLease.
Appears in 2 contracts
Samples: Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc)
Alterations. (a) Tenant shall not make any alterations, additions or improvements (collectively, "Alterations") in, on or to the premises (including, but not limited to, roof and wall penetrations) Premises or any part thereof without the prior written consent of Landlord. Such consent will not be denied provided Any Alterations, except for Tenant's movable furniture and equipment, shall immediately become Landlord's property and, at the improvements are building standard office/warehouse finishesend of the Term, shall remain on the Premises without compensation to Tenant; provided, however, that any such movable furniture and equipment, otherwise belonging to Tenant, but which shall remain on the Premises at the expiration or other termination of the Term shall also become the property of Landlord unless promptly removed by Tenant. In the event Landlord consents shall consent to the making of any such alterations, additions or improvements Alterations by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications previously approved by Landlord; , and any contractor or person selected by Tenant to make the same and all subcontractors Alterations must first be approved in writing by Landlord. Before any Alterations shall be commenced, Tenant may, without the consent of Landlord, but at its own cost shall furnish Landlord with workmen's compensation and expense public liability insurance 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 shall comply with all applicable governmental laws, including but not limited to the Mechanic's Lien Law of the State of Florida, ordinances, regulations regulations, building codes, and other requirementsshall obtain all required permits, inspections, and certificates as shall be required by all governmental agencies having jurisdiction thereof. All alterationsUpon the expiration or sooner termination of the Term, additions, improvements and partitions erected by Tenant shall be upon demand by Landlord, at Tenant's sole cost and remain expense, remove any Alterations made by or for the property account of Tenant during the term of this lease Tenant, which Landlord shall designate for removal, and Tenant shall, unless Landlord otherwise elects as hereinafter providedat its sole cost and expense, remove all alterations, additions, improvements and partitions erected by Tenant repair and restore the premises Premises to their its original condition condition. Notwithstanding the aforementioned, Tenant will only be required to remove those Alterations not previously approved by Landlord.
(b) Lessee shall not paint or install any signs in or on the date of termination of this lease Premises, on the exterior doors, plate glass or upon earlier vacating exterior walls of the premises; providedPremises or the Building, however, that if Landlord so elects without the prior written consent of Landlord. Such written consent shall be required as to termination of this lease or upon earlier vacating the content of the premisessign, its size, material, format, the manner and method of its installation. Landlord reserves the right to require Tenant, at Tenant's sole expense, to modify, remove, replace or redesign its sign so as to harmonize the sign with the overall appearance and design now or hereafter existing in the Building. Landlord reserves the right to change the sign policies and design criteria with respect thereto at any time during this Lease and Tenant agrees to conform to such alterationschanges within fifteen (15) days of receipt of written notice from Landlord pertaining thereto. No furniture, additionsdoormats, 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 other objects shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed placed by Tenant may be removed by Tenant prior to in the termination of this lease if Tenant so elects, and shall be removed by corridors or elsewhere in or about the date of termination of this lease or upon earlier vacating of Building other than within the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesPremises.
Appears in 2 contracts
Samples: Lease Agreement (Cardionet Inc), Lease Agreement (Cardionet Inc)
Alterations. Tenant shall not make or suffer to be made any alterations, additions additions, or improvements which are structural in nature or which affect utility lines or equipment serving other portions of the property, Building or in, on, or to the premises (including, but not limited to, roof and wall penetrations) Premises or any part thereof or make any improvements without the prior written consent of Landlord, which may be withheld in Landlord’s reasonable discretion. Such consent will not be denied provided the improvements are building standard office/warehouse finishesWhen 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 alterationsalteration, additions addition or improvements improvement by Tenant, the same shall be made using a contractor acceptable to Landlord at Tenant’s sole cost and expense. All alterations, additions or improvements performed by TenantTenant shall be constructed in accordance with all government laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide to Landlord waivers of lien to protect Landlord against any loss from any mechanics’, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Paragraph 5 or 6 above any increase in real estate taxes attributable to any such alteration, addition, or. improvement for so long, during the Term, as such increase is ascertainable. Upon the expiration or sooner termination of the Term as herein provided, Tenant shall upon demand by Landlord, at Tenant's ’s sole cost and expense, in accordance forthwith and with all applicable lawsdue diligence remove any such alterations, ordinances and regulationsadditions or improvements which are designated by Landlord to be removed, and Tenant shall forthwith and with all requirements of Landlord's due diligence, at its sole cost and Tenant's insurance policies expense, repair and only in accordance with plans restore the Premises to their original condition, reasonable wear and specifications approved tear and loss by Landlord; and any contractor casualty excepted Any alteration, additions or person selected improvements to be done by Tenant or Landlord as part of Tenant’s initial occupancy shall be specified in Exhibit B. Any alteration, addition, or improvement in, on, or to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of LandlordPremises including carpeting, but at its own cost and expense and in a good workmanlike manner erect such shelvesexcepting movable furniture, binspersonal property, machinery and trade fixtures as it may deem advisableof Tenant, which are removable without altering material damage to the basic character of property or the building or improvements and without overloading or damaging such building or improvementsPremises, 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 Term but shall, unless Landlord otherwise elects as hereinafter providedotherwise, remove all alterations, additions, improvements become a part of the realty and partitions erected by belong to Landlord without compensation to Tenant and restore upon the premises to their original condition by the date of expiration or sooner termination of the Term and title shall pass to Landlord under this lease or upon earlier vacating Lease as by a xxxx 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisessale.
Appears in 2 contracts
Samples: Lease Agreement (Avago Technologies LTD), Lease Agreement (Cyoptics Inc)
Alterations. (a) Tenant shall not make make, or permit to be made, any alterations, additions or improvements to the premises (includingPremises, but not limited toor any part thereof, roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Such Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not be denied provided materially or adversely affect the improvements are building standard office/warehouse finishes. In Building Systems, (ii) the event Landlord consents to the making total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the same Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system.
(b) All additions, alterations or improvements, including, but not limited to, heating, lighting, electrical, air conditioning, fire extinguishers, lighting fixtures, ballasts, light globes, and tubes, hot water heaters, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, at Tenant's sole cost and expense, in accordance together with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character property that has become an integral part of the building or improvements and without overloading or damaging such building or improvementsBuilding, 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 at once 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 electsLandlord, and shall not be removed by deemed trade fixtures, but any or all are subject to removal pursuant to paragraph 10 hereof. Notwithstanding anything to 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building contrary herein, Tenant’s trade fixtures, furniture, equipment and other improvements situated on personal property installed in the premisesPremises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. Tenant may remove Tenant’s Property from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in any item of Tenant’s Property.
Appears in 2 contracts
Samples: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical Inc)
Alterations. Tenant shall not make nor permit to be made any alterations, additions ----------- alterations or improvements to the premises (including, but not limited to, roof and wall penetrations) Premises without the obtaining Landlord's prior written consent of which shall not be unreasonably withheld, and then only by contractors or mechanics approved by Landlord. Such Landlord shall generally consent will to alterations, additions, or improvements which do not affect the value of the Premises significantly and which do not affect the structure or operation of the Building. Tenant covenants and agrees that all work done by Tenant shall be denied provided performed in full compliance with any and all applicable laws, statutes, rules, orders, ordinances, regulations, and requirements of the federal, state, and local governments, and all their departments and bureaus, as well as the requirements of the Association of Fire Underwriters, or similar governing insurance body. Unless otherwise approved by Landlord, all alterations, additions, and improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same Premises shall be made by TenantLandlord. Landlord shall pay for the cost of any alterations, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulationsadditions, and improvements to the Premises only to the extent Landlord agrees to do so by a separate written agreement with Tenant. Otherwise, Tenant shall pay all requirements costs for such additions, alterations, and improvements including any additions, alterations, and improvements to the Premises required by any governmental agency during the term of Landlord's this Lease, which costs shall include a reasonable overhead and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing profit charge by Landlord. Tenant mayshall report all costs incurred by Tenant for any alterations, without the consent of Landlordadditions, 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 made by Tenant to the Premises and without overloading or damaging shall permit Landlord to examine all contracts and records relating to such building alterations, additions, or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, and improvements to the Premises by Landlord or Tenant shall become part of the realty and partitions erected belong to Landlord and, at the end of the term hereof, shall remain on the Premises without compensation of any kind to Tenant, except that any trade fixtures which are installed and paid for by Tenant shall be and remain the property of Tenant and may be removed by Tenant during the term of this lease and Lease provided Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, repairs any damage to the remaining improvements and partitions erected by Tenant and restore of the premises to their original condition Premises caused by the date removal of termination such fixtures. Moveable furniture and equipment 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 Tenant shall become remain 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesTenant.
Appears in 2 contracts
Samples: Office Building Lease (Physicians Quality Care Inc), Office Building Lease (Physicians Quality Care Inc)
Alterations. Tenant shall not make any All alterations, additions or and improvements, except trade fixtures, installed at expense of Tenant, shall become the property of Landlord and shall remain upon and be surrendered with the leased premises as a part thereof on the termination of this lease. Such alterations, additions, and improvements to the premises (including, but not limited to, roof and wall penetrations) without may only be made with the prior written consent of Landlord. Such , which consent will shall not be denied provided the improvements are building standard office/warehouse finishesunreasonably withheld. In the event Landlord consents to If consent is granted for the making of improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the leased premises, in connection with the making of such alterationsimprovements or alteration. No cooling tower, additions equipment, or improvements by Tenant, the same structure of any kind shall be made placed on the roof or elsewhere on the leased premises by TenantTenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's sole cost expense and expensein such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, in accordance with all applicable lawsequipment or structure temporarily so that repairs to the roof can be made, ordinances Tenant shall promptly remove and regulationsreinstall the cooling tower, and all requirements of Landlord's and equipment or structure at Tenant's insurance policies expense and only in accordance with plans and specifications approved by Landlord; and repair at Tenant's expense any contractor damage resulting from such removal or person selected by reinstallation. Upon termination of this lease, Tenant shall remove or cause to make be removed from the same and all subcontractors must first be approved in writing roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant may, without the consent of Landlord, but shall promptly repair at its own cost expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and expense and in a good workmanlike manner erect such shelvescondition, bins, machinery and natural deterioration only excepted. Any damage caused by the installation of trade fixtures as it may deem advisable, without altering shall be repaired at Tenant's expense prior to the basic character expiration 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 requirementslease term. All alterations, improvements, additions, improvements and partitions erected repairs made by Tenant shall be made in good 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesmanner.
Appears in 2 contracts
Samples: Commercial Lease, Commercial Lease
Alterations. After the Commencement Date, Tenant shall not make any alterationsadditions, additions changes, alterations or improvements (“Alterations”) to the premises (includingPremises or the Building, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same All Alterations shall be made by Tenant, at Tenant's ’s sole cost and expense, shall be performed in accordance with all applicable laws, ordinances a good and regulations, workmanlike manner and all requirements materials used shall be of Landlord's a quality comparable to those in the Premises and Tenant's insurance policies the Building and only shall be in accordance with plans and specifications approved by Landlord; . All Alterations shall be performed in accordance with reasonable requirements established by Landlord, including, upon Landlord’s request, provision of a lien and completion bond in an amount equal to 150% of the cost of the Alterations. In any contractor or person selected by case, Tenant shall pay Landlord a reasonable fee to make cover Landlord’s costs incurred in reviewing Tenant’s plans and specifications. Tenant shall maintain a safe working environment, including the same continuation of all fire and all subcontractors must first be approved security protection devices, if any, previously installed in writing the Premises by Landlord. All damages or injury done to the Premises or the Building by Tenant may, without or by any persons who may be in or upon the Premises or the Building with the express or implied consent of LandlordTenant, including but not limited to the cracking or breaking of any glass of windows and doors, shall be paid for by Tenant and Tenant shall pay for all damage to the Building caused by acts or omissions of Tenant or Tenant’s officers, contractors, subcontractors, agents, invitees, licensees, employees, successors or assigns. If Landlord consents to any Alterations by Tenant, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of any Alterations. Except as otherwise provided herein, all Alterations, except Tenant’s moveable personal property that does not become a part of the Building shall remain in and be surrendered with the Premises as a part thereof at the expiration or sooner termination of this Lease. Landlord may require Tenant to remove any Alterations and to restore the Premises to its own cost and condition prior to the completion of any Alterations at the expiration or termination of the Term, such work to occur at Tenant’s expense and in Tenant shall repair all damage to the Premises or Building occurring as a good workmanlike manner erect result of such shelvesremoval or restoration. If Tenant fails to remove any Alterations as required by Landlord or repair any damage occurring during such removal, binsLandlord shall be entitled to remove any Alterations or make such repairs, 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 at Tenant’s expense. Tenant shall comply with all applicable governmental laws, ordinances, codes and 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 in connection with 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesAlterations.
Appears in 2 contracts
Samples: Lease Agreement (Pacific Biometrics Inc), Lease Agreement (Pacific Biometrics Inc)
Alterations. Tenant shall not make any All alterations, additions or and improvements, except trade fixtures, installed at expense of Tenant, shall become the property of Landlord and shall remain upon and be surrendered with the leased premises as a part thereof on the termination of this lease. Such alterations, additions, and improvements to the premises (including, but not limited to, roof and wall penetrations) without may only be made with the prior written consent of Landlord. Such , which consent will shall not be denied provided the improvements are building standard office/warehouse finishesunreasonably withheld. In the event Landlord consents to If consent is granted for the making of improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the leased premises, in connection with the making of such improvements or alterations. No cooling tower, additions equipment, or improvements by Tenant, the same structure of any kind shall be made placed on the roof or elsewhere on the leased premises by TenantTenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's sole cost expense and expensein such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, in accordance with all applicable lawsequipment or structure temporarily, ordinances so that repairs to the roof can be made. Tenant shall promptly remove and regulationsreinstall the cooling tower, and all requirements of Landlord's and equipment or structure at Tenant's insurance policies expense and only in accordance with plans and specifications approved by Landlord; and repair at Tenant's expense any contractor damage resulting from such removal or person selected by reinstallation. Upon termination of this lease, Tenant shall remove or cause to make be removed from the same and all subcontractors must first be approved in writing roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant may, without the consent of Landlord, but shall promptly repair at its own cost expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and expense and in a good workmanlike manner erect such shelvescondition, bins, machinery and natural deterioration only excepted. Any damage caused by the installation or removal of trade fixtures as it may deem advisable, without altering shall be repaired at Tenant's expense prior to the basic character expiration 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 requirementslease term. All alterations, improvements, additions, improvements and partitions erected repairs made by Tenant shall be made in good 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesmanner.
Appears in 2 contracts
Samples: Commercial Lease (Penge Corp), Commercial Lease (United Oilfield Services Inc)
Alterations. Tenant shall not make any alterations, additions or All improvements and alterations to the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents Leased Premises to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, Tenant shall be installed at Tenant's sole the cost and expenseexpense of Tenant (which cost shall be payable on demand by Landlord as additional rent), in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and but only in accordance with plans and specifications approved by Landlord; which have been previously submitted to and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and only by Landlord or by contractors and subcontractors approved in each case complying writing by Landlord (which approval shall not be unreasonably withheld). In connection with all applicable governmental lawsany request for an approval of alterations by Tenant, ordinances, regulations Landlord may retain the services of an architect and/or engineer and other requirementsTenant shall reimburse Landlord for the reasonable fees of such architect and/or engineer. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease 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 Leased Premises to their its original condition by the date of termination of this lease Lease or upon earlier vacating of the premisesLeased Premises; provided, however, that that, if at such time Landlord so elects prior to termination of this lease or upon earlier vacating of the premiseselects, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease Lease or upon earlier vacating of the premises Leased Premises and title shall be delivered up pass to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed under this Lease as by Tenant may be removed by Tenant prior to the termination a xxxx 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 with consideration for normal wear and tearsale. All such removals and restoration shall be accomplished in a good workmanlike manner by contractors approved in writing by Landlord so as not to damage the primary structure or structural qualities of the building Building. All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all governmental laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide such assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to assure payment of the costs thereof and to protect Landlord against any loss from any mechanics', laborers', materialmen's or other improvements situated on the premisesliens.
Appears in 2 contracts
Samples: Lease Agreement (Atlas Financial Holdings, Inc.), Lease Agreement (Atlas Financial Holdings, Inc.)
Alterations. 3. Tenant shall not make no changes in or to demised premises of any alterations, additions or improvements nature without Owner's prior written consent. Subject to the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents Owner and to the making provisions of any such this articles, Tenant at Tenant's expense, may make alterations, installations, additions or improvements improvement which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the interior of demised premises by using contractors or mechanics first approved by Owner. Tenant shall, before making any alterations, installations, additions or improvement, 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 made discharged by TenantTenant within ten days thereafter, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, bu filling the bond required by law. All fixtures and all requirements of Landlord's paneling, partitions, railing and installations, installed in the premises at any times, either by Tenant or by Owner in Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant maybehalf, without the consent of Landlordshall, but at its own cost and expense and in a good workmanlike manner erect such shelvesupon installations, 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 become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant during no later then twenty days prior to the term date fixed as the termination of this lease lease, elects to relinquish Owner's rights thereto and Tenant shallto have them removed by Tenant, unless Landlord otherwise elects as hereinafter providedin which event, remove all alterations, additions, improvements and partitions erected the same shall be removed from the premises by Tenant prior to the expirations 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, moveables office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be requires by Owner. Tenant shall immediately and at its expense, repair and restore the premises to their original the condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects existing prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements ro installation 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 repair any damage to the Landlord with demised premises or the premisesbuilding due to such removal. All shelves, bins, machinery and trade fixtures installed by Tenant may property permitted or required to be removed by Tenant prior to at the termination end of this lease if Tenant so elects, and the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's property or may be removed by the date of termination of this lease or upon earlier vacating of from the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesOwner at Tenant's expense.
Appears in 2 contracts
Samples: Store Lease (Learners World Inc), Store Lease (Learners World Inc)
Alterations. Tenant Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which shall not make be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the premises Sublease Premises, or any part thereof (includingand/or in any other part of the Master Lease Premises), but not limited to(i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, roof or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and wall penetrations(ii) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by TenantSublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the same shall be made by TenantTenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, at Tenant's sole cost due to safety, security and expenseother reasonable considerations arising in connection with the performance of any alterations, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building additions or improvements and without overloading by or damaging such building on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All installation of certain alterations, additions, additions or improvements and partitions erected by Tenant shall be and remain the property or on behalf 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 premisesSublandlord; provided, however, that if Landlord so elects prior Sublandlord and Subtenant shall reasonably cooperate with each other to termination afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this lease or upon earlier vacating of the premises, such alterations, additions, improvements Sublease and partitions shall become the property of (iii) Master Landlord as of the date of termination of has consented to 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesSublease.
Appears in 2 contracts
Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make make, suffer or permit to be made any alterations, additions or improvements to or of the premises 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 (includinge.g., but mechanical, electrical or plumbing), does not limited todiminish the capacity of such Building systems available to other portions of the Building, roof is not visible from the common areas or exterior of the Building, and wall penetrations) without the prior written is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent of Landlord. Such consent will shall not be denied provided unreasonably withheld (and Landlord's consent shall not be required if the improvements are building standard office/warehouse finishescost of the aforesaid type of alteration is less than $15,000.00). In the event Landlord consents to the making of any Any such alterations, additions or improvements to the Demised Premises consented to by Tenant, the same Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at Tenant's its sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant the Demised Premises to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination the installation of this lease or upon earlier vacating of the premises, such alterations, additionsadditions and improvements, 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 with consideration for normal wear and teartear excepted. All such removals Tenant shall under no circumstances be required to remove any alterations, additions and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities improvements which are part of the building and other improvements situated on initial improvement of the premisesDemised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.
Appears in 2 contracts
Samples: Lease Agreement (Healtheon Corp), Lease Agreement (Healtheon Corp)
Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, but not limited to, roof and wall penetrationspenetrations or alterations, additions or improvements affecting building, mechanical or electrical systems or equipment) without the prior written consent of Landlord. Such , which consent will not may be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents withheld in its sole discretion or may be conditioned on, among other things, proof of insurance coverage, payment and performance bonds, in forms, amounts and by companies acceptable to the making Landlord, and Xxxxxxxx's review of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; specifications, Xxxxxx's contractor and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by LandlordXxxxxx's building permit. 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 Term of this lease 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 Premises to their original condition by the date of termination of this lease Lease or upon earlier vacating of the premisesPremises; provided, however, that if Landlord so elects prior to termination of this lease Lease or upon earlier vacating of the premisesPremises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease Lease or upon earlier vacating of the premises Premises and shall be delivered up to the Landlord with the premisesPremises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premisesPremises. Landlord shall have the right at any time and from time to time to make changes or alterations to any portion of the Project other than the Premises and Landlord shall not be subject to any liability with respect to such alterations.
Appears in 2 contracts
Samples: Lease Agreement (Homegrocer Com Inc), Lease Agreement (Advanced Materials Group Inc)
Alterations. a) Tenant shall not create any openings in the roof or exterior walls, nor make any alterations, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) exterior Demised Premises without the prior written consent of Landlord. Such consent will Consent for minor alterations, additions, or improvements shall not be denied provided unreasonably withheld by Landlord. Tenant shall have the right to make alterations and improvements are building standard office/warehouse finishes. In the event Landlord consents to the making interior of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, building on the Demised Premises and at all times to install Tenant's sole cost shelves, bins, machinery, equipment and expensetrade fixtures, in accordance provided Tenant complies with all applicable governmental laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect further provided that 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 installations by Tenant shall be and remain not cause any structural or other damage or deface the property Demised Premises. Providing Tenant is not in default of Tenant during any of the term terms, covenants or conditions of this lease Lease, Tenant shall have the right to remove at the termination of this Lease such items so installed, including any machinery or equipment installed and paid for by Tenant, if any (as specifically differentiated from any such equipment owned by Landlord); however, Tenant shall, unless Landlord prior to the termination of this Lease, promptly repair any damage caused by such removal.
b) Except as otherwise elects as hereinafter providedprovided above regarding Tenant's right to remove certain installations or additions, remove all alterations, additions, additions and improvements and partitions erected made 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 at the date of termination or expiration of this lease Lease, or upon earlier vacating of Landlord may require Tenant to remove such alterations, additions and improvements and any other property placed in or on the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed Demised Premises by Tenant may be removed by Tenant prior and restore the property to the termination of this lease if Tenant so electsits original condition, and Tenant shall be removed repair any damage caused 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 and leave the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished Demised Premises in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building broom clean and other improvements situated on the premisesorderly condition.
Appears in 2 contracts
Samples: Lease Agreement With Option to Purchase (Hanover Compressor Co), Lease Agreement With Option to Purchase (Hanover Compressor Co)
Alterations. Tenant shall not make any alterations, additions or All improvements to the leased premises shall be installed at the cost and expense of Tenant (includingwhich cost shall be payable on demand by Landlord as additional rent), but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; which have been previously submitted to and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and only by Landlord or by contractors and subcontractors approved in each case complying writing by Landlord (which approval shall not be unreasonably withheld). In connection with all applicable governmental lawsany request for an approval of alterations by Tenant, ordinances, regulations Landlord may retain the services of an architect and/or engineer and other requirementsTenant shall reimburse Landlord for the reasonable fees of such architect and/or engineer. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease Lease and Tenant shall, unless Landlord elects at the time of approval or otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the leased premises to their its original condition by the date of termination of this lease Lease or upon earlier vacating of the leased premises; provided, however, that that, if at such time Landlord so elects prior to termination of this lease or upon earlier vacating of the premiseselects, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease Lease or upon earlier vacating of the leased premises and title shall be delivered up pass to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed under this Lease as by Tenant may be removed by Tenant prior to the termination a bxxx 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 with consideration for normal wear and tearsale. All such removals and restoration shall be accomplished in a good workmanlike manner by contractors approved in writing by Landlord so as not to damage the primary structure or structural qualities of the building Building. All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all governmental laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide such assurances to Landlord, including but not limited to, waivers of lien and surety company performance bonds, as Landlord shall require to assure payment of the costs thereof and to protect Landlord against any loss from any mechanics', laborers', materialmen's or other improvements situated on the premisesliens.
Appears in 2 contracts
Samples: Lease Agreement (Entrade Inc), Lease Agreement (Entrade Inc)
Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premises.
Appears in 1 contract
Samples: Lease Agreement (Hayes Corp)
Alterations. (a) Tenant shall not make or allow any alterations, additions additions, or improvements to the premises Premises or any part of the Premises (includingcollectively, but "Alterations"), without Landlord's prior consent, which shall not limited tobe unreasonably withheld. Consent, roof however, may be conditioned upon the receipt by, and wall penetrationsapproval of, Landlord of a set of plans and specifications for the alterations no later than thirty (30) without days prior to the prior written consent scheduled construction of the alterations as well as the use by Tenant of a contractor or contractors acceptable to Landlord. Such consent will The installation of furnishings, fixtures, equipment, or decorative improvements, none of which shall affect operating systems or the structure of the Premises shall not be denied provided constitute "Alterations." All Alterations and any furnishings, fixtures, equipment, or decorative improvements remaining on the improvements are building standard office/warehouse finishesPremises after the termination or earlier expiration of this Lease shall immediately become Landlord's property and, at the termination or earlier expiration of this Lease, shall remain on the Premises without compensation to Tenant. In the event Tenant agrees upon notice xxxx Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenantremove, at Tenant's sole cost and expense, any and all Alterations, furnishings, fixtures, equipment, or decorative improvements (other than floors, walls, suspended ceilings and structural walls) installed by or on behalf of Tenant prior to the termination or earlier expiration of this Lease. In the event that Landlord requires Tenant to remove any such Alterations, furnishings, fixtures, equipment, or decorative improvements and Tenant fails to cause such removal on or prior to the termination or other earlier expiration of this Lease, such failure shall be deemed a holdover under Section 13(b) of this Lease, and in addition to any other damages owing Landlord under this Section, Tenant shall owe Holdover Rent (as hereinafter defined) for each and every day of such failure. All improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease, shall be performed in accordance with all applicable laws, ordinances laws and regulations, and all requirements of Landlord's and at Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlordsole expense. Tenant maywill indemnify and xxxxxd Landlord for all liens, without the consent of Landlordclaims, but at its own cost and expense and in a good workmanlike manner erect such shelvesor damages caused by remodeling, 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 alterations, and partitions erected repairs and the removal and restoration thereof, if required under this Lease. Landlord agrees, when reqxxxxxx xy Tenant, to execute and dexxxxx any applications, consents, or other instruments reasonably required to permit Tenant to do this work or to obtain permits for the work.
(b) Before any contract or subcontract is let or other agreement executed for the performance of any service, or the furnishing of any materials, and before any work of any kind or nature is commenced upon the construction of Alterations, Tenant will procure and deliver to Landlord a completion bond and a payment bond, both in form and substance satisfactory to Landlord issued by reputable surety corporations or bonding corporations qualified to do business in California, guaranteeing or otherwise assuring Landlord that the construction of the Alterations will proceed to completion with due diligence, that the reconstruction, when completed, will be fully paid for, and that the Premises will remain free of all mechanics', laborers' or materialmen's liens or claimed liens on account of any services or materials furnished or labor or work performed in connection with the construction of the Alterations.
(c) At least ten (10) days before any construction commences or materials are delivered for any alterations that Tenant is making to the Premises, whether or not Landlord's consent is required, Tenant shall give written notice to Landlord as to when the construction is to commence or the materials are to be delivered. Landlord shall then have the right to post and remain maintain on the property of Tenant during Premises any notices that are required to protect Landlord and Landlord's interest in thx Xxxxxxes from any liens for work and labor performed or materials furnished in making 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 it shall be Tenant's duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises by or on behalf of Tenant. In the event that Tenant fails to provide Landlord with the notice required by this Section 11(b), Landlord shall have the right to cause the cessation of such construction and shall have the further right to file notices of cessation and/or completion, so elects prior as to termination allow the Premises to be protected from mechanic's liens. Tenant hereby irrevocably appoints Landlord its attorney-in-fact which appointment is coupled with an interest to cause such cessation and to file such notices.
(d) Tenant will not at any time permit any mechanics', laborers', or materialmen's liens to stand against the Premises for any labor or material furnished to Tenant or claimed to have been furnished to Tenant or Tenant's agents, contractors, or subtenants, in connection with work of this lease any character performed or claimed to have been performed on the Premises by or at the direction or sufferance of Tenant; provided, however, that Tenant shall have the right to contest the validity or amount of any lien or claimed lien, upon earlier vacating giving to Landlord a bond assuring that the lien or claimed lien will be paid, when and to the extent that the lien is finally determined to be valid and owing. On final determination of the premiseslien or claim of lien, such alterationsTenant will immediately pxx xxx final judgment rendered, additionswith all property costs and charges, improvements and partitions shall become have the property lien released or judgment satisfied at Tenant's sole expense. If Xxxxxt fails to pay the judgment promptly or otherwise fails to prevent any sale, foreclosure, or forfeiture of the Premises because of a lien, Landlord as shall have the right, upon five (5) days' written notice to Tenant, to pay or prevent this action, and the amount paid by Landlord shall be immediately due and payable to Landlord, and shall bear interest at the lesser of ten percent (10%) per annum or the highest rate allowed by law from the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the payment by Landlord with the premises. All shelves, bins, machinery and trade fixtures installed until repayment 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesTenant.
Appears in 1 contract
Samples: Office Lease (Regan Holding Corp)
Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, but not limited towithout limitation, the roof and wall penetrations) without the prior written consent of Landlord. Such , which consent will shall not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such unreasonably withheld for interior, non-structural alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other 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 after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if at such time Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions but not Tenant's trade fixtures, shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and title shall be delivered up pass to the Landlord with the premisesunder this lease as by a xxxx of sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on within which the premisespremises are situated. If Landlord shall consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to construction, provide such assurances to Landlord, (including, but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance) as Landlord shall require to protect Landlord against any loss from any mechanics', laborers' or materialmen's liens, or other liens.
Appears in 1 contract
Alterations. Tenant shall not make any Any and all alterations, additions or improvements to improvements, except trade fixtures, installed at the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of the Landlord and shall remain upon and shall be surrendered with the Leased Premises as of the date of a part thereof upon termination of this lease Lease. Such alterations, additions, or upon earlier vacating improvements may only be made with the prior written consent and approval of the premises Landlord, which shall not unreasonably withhold said consent. If consent is granted by the Landlord for the making of improvements, alterations or additions to the Leased Premises, such improvements, alterations or additions shall not commence until such time as the Tenant has furnished the Landlord with a copy of all plans and shall be delivered up a certificate of insurance showing coverage in an amount satisfactory to the Landlord protecting the Landlord from liability for injury to any person and damage to any personal property, on or off the Leased Premises, in connection with the premisesmaking of such improvements, alterations or additions. All shelvesNo cooling tower, binsequipment, machinery or structure of any kind shall be placed on the roof or elsewhere on the leased premises by the Tenant without prior written permission of the Landlord. If such permission is granted, such work or installation shall be done at the Tenant’s expense and trade fixtures installed by in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily so that repairs to the roof can be made, Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at the Tenant’s expense and repair, also at the Tenant’s expense, any damage which may result from such removal or reinstallation. Upon termination of this Lease, Tenant shall remove or cause to be removed from the roof any such cooling tower, equipment or structure if directed to do so by the Landlord. Tenant prior to shall promptly repair, at its expense, any damages resulting from such removal. At the termination of this lease if Lease, Tenant so electsshall deliver the Leased Premises in good order and condition, and natural deterioration only excepted. Any damage caused by the installation of trade fixtures shall be removed repaired at the Tenant’s expense prior to the expiration of the Lease Term. All alterations, improvements, additions and repairs made 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 with consideration for normal wear be made in good and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesmanner.
Appears in 1 contract
Samples: Triple Net Commercial Lease Agreement (Advanced Container Technologies, Inc.)
Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, but not limited towithout limitation, the roof and wall penetrations) without the prior written consent of Landlord. Such , which consent will shall not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlordunreasonably withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if at such time Landlord so elects 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 title shall be delivered up pass to the Landlord with the premisesunder this lease as by a xxxx of sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal condition, ordinary wear and teartear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on within which the premisespremises are situated. If Landlord shall consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to construction, provide such assurances to Landlord, (including but not limited to, surety company performance bonds) as Landlord shall reasonably require to protect Landlord against any loss from any mechanics’, laborers’ or materialmen’s liens, or other liens. Notwithstanding the foregoing, Landlord agrees that Tenant shall not be obligated to remove the remodeling of the existing offices, construction of new office area adjacent to the existing offices, installation of lights and a heating system in the warehouse which are completed during the first six (6) months of the lease term.
Appears in 1 contract
Samples: Lease Agreement (Power Solutions International, Inc.)
Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such , which consent will shall not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions unreasonably withheld or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlorddelayed. 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 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 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 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 of property of Landlord as of the date of termination of this lease 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 fixtures, installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease 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 with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premises.
Appears in 1 contract
Samples: Lease Agreement (Winston Furniture Co of Alabama Inc)
Alterations. Tenant shall not make any alterations, additions or improvements to or of the premises Premises or any part thereof, nor attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. Any such alterations, additions or improvements to the Premises consented to by Landlord, if made by Landlord for Tenant, shall be paid for by Tenant within ten (10) days after receipt of Landlord's statement therefor; and Tenant shall reimburse Landlord for the cost thereof plus 15% of the actual cost to reimburse Landlord for its overhead. At the option of the Landlord, all such alterations, additions and improvements shall become Landlord's property (including, but not limited to, roof any and all floor coverings, wall penetrationscoverings, baseboards, doors, door fixtures, windows, skylights, walls, electrical wiring and switches, lights and light fixtures, plumbing, bathroom and/or kitchen fixtures, security and fire detection equipment, sprinklers, and all heating and/or air conditioning equipment, but excluding furniture, trade fixtures and other items, whether or not specifically mentioned above that are unattached and readily movable) and, at the end of the Lease Term, shall remain on the Premises without compensation to Tenant unless Landlord elects by written notice to Tenant to have Tenant remove same, in which event Tenant shall promptly restore the Premises to their condition prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making installation of any such alterations, additions or improvements by Tenantand improvements. In any case, the same no alterations shall be made by TenantTenant which shall alter the basic structural soundness of the improvements, at Tenant's sole cost and expensewhich penetrate exterior walls, windows, doors or the roof, or which, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and opinion, adversely affect any contractor mechanical, electrical or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character plumbing systems of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesProject.
Appears in 1 contract
Samples: Industrial Lease Agreement (Advanced Materials Group Inc)
Alterations. Tenant shall not make or allow to be made any material alterations, additions or improvements to the premises Premises (includingdefined as alterations, but not limited toadditions or improvements costing in excess of $5,000.00), roof and wall penetrations) or alterations, additions or improvements which affect the structural or mechanical systems of the Building, either at the inception of the Lease or subsequently during the Term, without obtaining the prior written consent of Landlord. Such , which consent will shall not be denied provided unreasonably 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 improvements, 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. Landlord shall either approve or 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 or improvements are building standard office/warehouse finishes. In the event Landlord consents to the making 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 TenantTenant during the Term. Tenant shall repair all damage resulting from such removal or, the same 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 made 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 federal, state, county, municipal or other public authority and of the insurers of the Premises. If required by TenantLandlord, Tenant shall secure at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense a completion and lien indemnity bond or other adequate security in a good workmanlike manner erect such shelves, bins, machinery form 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 requirementssubstance reasonably satisfactory to Landlord. All alterations, additions, improvements and partitions erected by Tenant shall be reimburse Landlord for Landlord's reasonable charges (including any professional fees incurred by Landlord and remain the property of Tenant during the term of this lease a reasonable administrative fee as established by Landlord from time to time) for reviewing and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all approving or disapproving plans and specifications for any proposed 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premises.
Appears in 1 contract
Samples: Lease Agreement (Data Critical Corp)
Alterations. 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. Any such alterations, additions, or improvements in, on, or to said Premises, except for Tenant's movable furniture and equipment, shall, at Landlord's election, immediately become Landlord's property. Except as otherwise provided in the Special Stipulations, at the expiration or sooner termination of the term herein provided, such alterations, additions or improvements shall, at Landlord's option, either (i) remain on the Premises without compensation to Tenant, or (ii) with respect to alterations made after the Commencement Date (other than Tenant Improvements), be removed by Tenant at Tenant's sole cost and expense and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair and restore the Premises to the premises (includingcondition existing prior to installation of such alterations, but not limited toordinary wear and tear excepted. At the time that Tenant request's Landlord's prior consent to any alteration, roof and wall penetrations) without Tenant may request Landlord's determination as to whether such alteration, addition or improvement shall, at the prior written consent termination of the Lease, remain a part of the Premises as Landlord. Such consent will not 's property, or be denied provided the improvements are building standard office/warehouse finishesremoved by Tenant as described hereinabove. In the event Landlord consents to the making of any such alterationsalteration, additions addition, or improvements improvement by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances ordinances, and regulations, regulations and all requirements of Landlord's and Tenant's insurance policies policies, and only in accordance with plans and specifications approved by Landlord; and any contractor . Any contractor, subcontractor or other person selected by Tenant to make the same and all subcontractors such alterations, additions or improvements, must first be approved in writing by Landlord, or, at Landlord's option, the alteration, addition, or improvement shall be made by Landlord for Tenant's account and Tenant shall reimburse Landlord for the cost thereof within twenty (20) days after receipt of a statement. Landlord and Tenant mayrecognize that some types of alterations, without additions or improvements to the consent Premises may affect the density 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 use of the building or improvements Premises, and without overloading or damaging that such building changes may require mechanical changes in how Building services are provided to the Premises. Therefore, in considering any proposed alterations, additions 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 Landlord may also require that Tenant shall be and remain reimburse Landlord for the property cost 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 changes 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 mechanical systems providing Building services to the Premises (e.g., re-routing or otherwise adjusting HVAC conduits serving the Premises). Landlord shall have the right to assess an administrative fee to cover Landlord's expense in reviewing any proposed alteration, addition or improvement (other than with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior respect 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 Improvements with respect to which Tenant is required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in pay a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premises.construction management fee in
Appears in 1 contract
Samples: Lease Agreement (Interland Inc)
Alterations. 11.1 Tenant shall not make or suffer to be made any alterations or improvements to or of the premises or any part thereof without the written consent of Landlord being first had and obtained. Any alterations, additions, or improvements to or of the premises, including without limitation any partitions (floor to ceiling), and all wall to wall installed carpeting, shall at once become a part of the realty and belong to Landlord. Movable furniture, equipment and trade fixtures shall remain the property of Tenant.
11.2 If Landlord consents to the making of any alterations, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense and any contractor or person elected by Tenant to make the same must first be approved of in writing by Landlord. Upon the expiration or sooner termination of the term, Tenant, upon demand by Landlord, at Tenant's sole cost and expense, in accordance forthwith and with all applicable lawsdue diligence shall remove any alterations, ordinances additions or improvements made to the premises by Handi-Kup Company, Xxxxx River Paper Co., Inc., WinCup Holdings, L.P. or Tenant and regulationsrelated to the operation of their business including, but not limited to, plastic bead storage tanks, enclosed surface mounted oil storage tanks, outside heat exchangers and cooling towers, roof mounted pollution control equipment related to boiler emissions, railroad loading dock, and all requirements of Landlord's and other external facilities specific to Tenant's insurance policies operations and only in accordance with plans and specifications approved by Landlord; and repair any contractor or person selected by Tenant damage to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition caused 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 electsremoval, 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 return said premises to their original Landlord in good condition with consideration for normal and repair, reasonable wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisestear excepted.
Appears in 1 contract
Samples: Plant Lease (Radnor Holdings Corp)
Alterations. Tenant shall not make alterations and additions to Tenant’s Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises (including, without limitation, from common lobbies within the Building) shall be in Landlord’s reasonable discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s reasonable opinion will adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office/research/laboratory use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent, in Landlord’s reasonable judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord’s agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any such work. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour for time spent by Landlord’s in-house personnel, plus (ii) all reasonable third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal at the time of Landlord’s review and approval of the plans pursuant to the foregoing; provided that Landlord agrees that in no event shall Tenant be required to remove any standard office and laboratory alterations that in Landlord’s reasonable discretion would not require unusual and excessive cost to remove and restore the Premises to general office and laboratory use. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. Except with respect to purely cosmetic work, such as floor and wall coverings, Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to comply with Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to provide such rules and regulations relative to the performance of any alterations, additions, improvements and installations by Tenant hereunder and Tenant shall abide by all such reasonable rules and regulations of which Tenant has received advance written notice and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of any Real Estate Taxes on the Property which shall, at any time after commencement of the Term, be expressly addressed by the taxing authority upon any alteration, addition or improvement to the Premises made by Tenant. Tenant acknowledges and agrees that Landlord shall be the owner of any additions, alterations and improvements in the Premises or the Building to the extent paid for by Landlord. Notwithstanding the terms of Section 5.13, Tenant shall have the right, without obtaining the prior consent of Landlord but upon notice to Landlord given ten (10) days prior to the commencement of any work (which notice shall specify the nature of the work in reasonable detail), to make alterations, additions or improvements to the premises Premises where:
(includinga) the same are within the interior of the Premises within the Building, but and do not limited toaffect the exterior of the Premises and the Building (including no signs on windows);
(b) the same do not affect the roof, roof any structural element of the Building, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and wall penetrationsfire protection systems of the Building;
(c) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making cost of any such alterationsindividual alteration, additions addition or improvements by Tenant, the same improvement shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlordnot exceed $400,000; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by and
(d) Tenant shall be and remain comply with the property of Tenant during the term provisions of this lease Lease and if such work increases the cost of insurance or taxes or of services, 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 premisesshall pay for any such increase in cost; provided, however, that if Tenant shall, within fifteen (15) days after the making of such changes, send to Landlord so elects plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given not more than fifteen (15) days after Tenant’s delivery of such plans and specifications, may require Tenant to restore the Premises to its condition prior to such alteration, addition or improvement at the expiration or earlier 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesLease Term.
Appears in 1 contract
Alterations. Tenant Notwithstanding the provisions of Article 9 of the Master Lease, any alteration, which requires Master Lessor's approval pursuant to the Master Lease, shall not make be commenced by Sublessee unless and until such consent is obtained. At the time Sublessor and Master Lessor consent to any alterationsalteration, additions or improvements, Sublessor and Master Lessor shall inform Sublessee in writing whether Sublessee is responsible for the removal of such alterations and improvements at the expiration or earlier termination of the term of this Sublease, provided that Sublessee, in its request for consent to the premises alteration, addition, or improvement, has expressly requested that Sublessor and Master Lessor specify the nature and extent of any such removal obligation. If such notification is not made, Sublessee shall have no responsibility to remove any such alteration or improvement at the expiration or earlier termination of this Sublease. Any alteration made by Sublessee shall become a part of the Sublease Premises, and at Sublessor's election (includingand to the extent required, but not limited to, roof and wall penetrations) without the prior written consent of Landlordthe Master Lessor), shall be surrendered to Sublessor at the end of the Sublease term. Such consent will not Any alteration made by Sublessee shall, at Sublessor's election become Sublessor's property throughout the Sublease term except for any specialized improvements installed by Sublessee (which improvements shall be denied provided part of Sublessee's Equipment and Alterations, as defined in Exhibit B-2), which improvements shall remain the property of Sublessee and which improvements are building standard office/warehouse finishesshall be . removed by Sublessee at the expiration or earlier termination hereof. In the event Landlord consents Sublessor is (or becomes) obligated under the Master Lease to remove any of Sublessee's alterations, Sublessee shall be obligated to remove same at Sublessee's sole cost and expense and to restore the Sublease Premises to its condition prior to the making of alteration but only to the extent required by Sublessor or Master Lessor in their written consent to any such alterationsalteration. In the event that Sublessee removes any items it is permitted to remove under Exhibit B-2, additions or improvements by TenantSublessee, subject to the same shall be made by Tenantprovisions of the second sentence of this section 8, at Tenant's its sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. 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 Sublease Premises to their original its condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not prior to damage the primary structure or structural qualities of the building and other improvements situated on the premisesalteration.
Appears in 1 contract
Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the demised premises (including, but not limited to, roof and wall penetrations) of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents , and to the making provisions of any such this article, Tenant and Tenant's expense, may make alterations, installments, additions or improvements which are non-structural and which do not adversely 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 Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be made removed from the premises by TenantTenant prior to the expiration of the lease, at Tenant's sole cost 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, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant repair and restore the premises to their original the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the date of termination of this lease or upon earlier vacating end of the premises; providedterm remaining in the premises after Tenant's removal shall be deemed abandoned and may, howeverat the election of Landlord, that if either be retained as Landlord's property or may be removed from the premises by Landlord so elects prior to termination of this lease or upon earlier vacating of the premisesat Tenant's expense. Tenant shall, such before making any alterations, additions, improvements installations or improvements, at its expense, obtain all permits, approvals and partitions shall become the property certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of Landlord as of the date of termination of this lease or upon earlier vacating of the premises final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation reasonably, general liability, personal and property damage insurance as Landlord may require. If any mechanic's lien or U.C.C. financing statement is filed against the demised premises or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed discharged by Tenant may be removed within ten days after notice, at Tenant's expense, by Tenant prior to filing 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 bond required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure law or structural qualities of the building and other improvements situated on the premisesotherwise.
Appears in 1 contract
Alterations. Tenant shall not make any major alterations, additions additions, or improvements to the demised premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such , which consent will shall not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlordunreasonably withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner manner, make such minor alterations, additions, or improvements, or erect, remove, or alter such partitions, or erect such shelves, bins, machinery 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 regulations, and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall promptly pay the costs of all work performed and shall indemnify and hold harmless the Landlord against liens, costs, damages and expenses incurred in connection therewith; including any attorneys' fees incurred by Landlord, if Landlord shall be joined in any action or proceeding involving such work. Under no circumstances shall Tenant commence any such work until Landlord has been provided with certificates evidencing that all contractors and remain subcontractors performing the property work have in full force and effect adequate workmen's compensation insurance as required by the Laws of Tenant during the term State, as well as public liability and builders risk insurance in such amounts, and according to terms satisfactory to Landlord. At the termination of this lease and Lease, Tenant shall, unless if Landlord otherwise elects as hereinafter providedso elects, remove any or all alterations, additions, improvements 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; providedconditions, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, otherwise such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery 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 with consideration for normal wear and tear. All such removals and restoration restorations shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the demised premises.
Appears in 1 contract
Samples: Lease Agreement (Simtek Corp)
Alterations. Except for the Tenant shall Improvements, Tenant will not make any alterations, additions or improvements to the premises Premises (including, but not limited to, roof and wall penetrations) penetrations without the prior written consent of Landlord. Such consent will Landlord (not to be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterationsunreasonably withheld, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlorddelayed). Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner manner, erect such shelves, bins, machinery and machinery, movable lab benches, equipment, trade fixtures (defined as any fixtures used by Tenant in its specific business and not paid for by Landlord) and other non-structural interior improvements as it may deem advisable, without altering the basic character or structure of the building Premises or improvements and without overloading or damaging such building the Premises or improvementsBuilding, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirementsApplicable Laws. All Tenant will not make any alterations, additionsadditions or improvements to the Premises which will contravene Landlord’s policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies reasonably acceptable to Landlord. If any such alterations, additions or improvements and partitions erected cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof (as reasonably documented by Landlord), Tenant will pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. Within thirty (30) days receipt of reasonable documentation from Landlord following the completion of any alteration, addition, or improvement at the Premises by Tenant shall that requires the prior consent of Landlord, Landlord will be reimbursed for any reasonable outside consultant or design professional costs actually incurred by Landlord to review any plans or supervise construction work (not to exceed the lesser of $1,500.00 or 5% of Tenant’s “hard” construction costs). No such reimbursement will be required for any alteration, addition or improvement that does not require the consent of Landlord. Any and 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 improvements, partitions and partitions fixtures erected by Tenant will be the property of Landlord and restore will remain at the premises to their original condition by the date of Premises upon termination of this lease the 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 premisesPremises. All shelves, bins, machinery machinery, trade fixtures, and trade fixtures other interior non-structural improvements installed by Tenant will remain the personal property of Tenant and may be removed by Tenant prior to the termination of this lease if Lease provided such removal may be accomplished without damage to the Premises or Building that cannot be repaired by Tenant so electsas set forth in this subparagraph. Prior to vacating the Premises, Tenant will repair any damage to the Premises or Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, or any Tenant Party. Should Tenant fail to conduct any such repair within ten (10) days of written notice from Landlord, Landlord may, at its option, perform same, and shall Tenant will remit payment to Landlord for the actual cost and expense incurred by Landlord in effecting such repair promptly upon demand. Tenant will have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Xxxxxx, including those who may furnish materials or perform labor for any construction or repairs, and each such claim will affect and each such lien will attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to be removed paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the date Premises at the request of termination Tenant on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of Landlord in the Premises or under the terms 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesLease.
Appears in 1 contract
Alterations. 11.1 Tenant shall not make or suffer to be made any alterations or improvements to or of the premises or any part thereof without the written consent of Landlord being first had and obtained. Any alterations, additions, or improvements to or of the premises, including without limitation any partitions (floor to ceiling), and all wall to wall installed carpeting, shall at once become a part of the realty and belong to Landlord. Movable furniture, equipment and trade fixtures shall remain the property of Tenant.
11.2 If Landlord consents to the making of any alterations, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense and any contractor or person elected by Tenant to make the same must first be approved of in writing by Landlord. Upon the expiration or sooner termination of the term, Tenant, upon demand by Landlord, at Tenant's sole cost and expense, in accordance forthwith and with all applicable lawsdue diligence shall remove any alterations, ordinances additions or improvements made to the premises by Handi- Kup Company, or Xxxxx River Paper Co., Inc. or their successors and regulationsrelated to the operation of their business; including, but not limited to, plastic bead storage tanks, enclosed surface mounted oil storage tanks, outside heat exchangers and cooling towers, roof mounted pollution control equipment related to boiler emissions, railroad loading dock, and all requirements of Landlord's and other external facilities specific to Tenant's insurance policies operations. In addition, Tenant, forthwith and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant maydue diligence, without the consent of Landlord, but at its own sole cost and expense and in a good workmanlike manner erect such shelvesexpense, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore repair any damage to the premises to their original condition caused 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 electsremoval, 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 return said premises to their original Landlord in good condition with consideration for normal and repair, reasonable wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisestear excepted.
Appears in 1 contract
Alterations. A. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. 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 Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, to remove all alterations, additions, improvements and partitions erected by Tenant tenant and restore the premises Premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; Premises, provided, however, that if Landlord so elects prior to termination of this lease Lease or upon earlier vacating of the premisesPremises, 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 Lease or upon earlier vacating of the premises Premises and shall be delivered up to the Landlord with the premisesPremises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premisesPremises.
B. Tenant shall remove any sumps and clarifiers and any related Hazardous Materials ("Hazardous Material" shall mean petroleum and petroleum products, asbestos, and PCB's and any "hazardous substances", "hazardous materials", or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Hazardous Materials Transportation Act, as amended, or the Resource Conservation and Recovery Act, as amended, those substances, materials and wastes which are defined and "hazardous wastes" or as "hazardous substances" in the Washington State Model Toxics Control Act, as codified at Chapter 70.105D, Revised Code of Washington, and "hazardous" or "toxic" in the regulations adopted or publication promulgated pursuant to any of said laws) in or about the Premises and associates with Tenant's use and occupancy thereof upon the expiration of earxxxx xermination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Sparkling Spring Water Holdings LTD)
Alterations. Tenant shall not make or allow to be made any alterations, installations, additions or improvements in or to the Premises, or place safes, vaults or other heavy furniture or equipment within the Premises, without Landlord's prior written consent. Such consent by Landlord will not be unreasonably withheld or delayed for interior, nonstructural alterations to the Premises that do not require modifications to the Building HVAC or other systems. All alterations, installations, additions or improvements, other than movable furniture, wall systems, equipment, and trade fixtures, made by Tenant to the Premises shall remain upon and be surrendered with the Premises and become the property of Landlord at the expiration or termination of this Lease or the termination of Tenant's right to possession of the Premises; provided, however, that Landlord may require Tenant, at Tenant's cost, to remove any or all of such items made by Tenant that are not Building Standard upon the expiration or termination of this Lease or the termination of Tenant's right to possession of the Premises. Tenant, at its sole cost and prior to the expiration or termination of this Lease, shall remove all of Tenant's property from the Premises and make, or reimburse Landlord for the cost of all repairs to the Premises and/or Project for damage resulting from such removal. Tenant is not required, however, to remove any Initial Tenant Improvements or any subsequent alterations approved by Landlord. All work shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic's, materialman's or other similar liens shall attach to Tenant's leasehold estate, and in no event shall Tenant permit, or be authorized to permit, any such liens or other claims to be asserted against Landlord or Landlord's rights, estate and interests with respect to the Project or this Lease. If the cost of any alterations, installations, additions or improvements to the premises (includingPremises exceeds $5,000.00, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenantmay require, at Tenant's sole cost and expense, a lien and completion bond in accordance with all applicable lawsan amount equal to the estimated cost of such improvements, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor additions or person selected by alterations Tenant proposes to make in the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesPremises.
Appears in 1 contract
Samples: Lease Agreement (Eloyalty Corp)
Alterations. Tenant shall not make and Subtenant acknowledge that any additions, alterations, additions demolitions or improvements to be performed in connection with the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same Sublease shall be made first approved by Tenant, at Tenant's sole cost and expense, Landlord in accordance with the Lease and subject to all applicable lawsof the terms and conditions of the Lease. Without limitation, ordinances Landlord acknowledges that Subtenant plans to install new carpet and regulationspaint throughout the Subleased Premises, and all requirements of subject to Landlord's and Tenant's insurance policies and only ’s approval in accordance with the Lease and subject to all of the terms and conditions of the Lease, and subject to Sublandlord’s approval in accordance with the Sublease and subject to all of the terms and conditions of the Sublease. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans in connection with the Sublease, as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour for senior staff and $100.00 per hour for junior staff, plus (ii) third party expenses incurred by Landlord to review such plans and specifications approved by Landlord; and any contractor work. Upon the expiration or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character earlier termination of the building or improvements Sublease, at Landlord’s option, Tenant and without overloading or damaging Subtenant shall at their expense remove all such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, alterations and 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 Premises to their its original condition by condition. All contractors, vendors and service providers requiring access to the date of termination of this lease Subleased Premises or upon earlier vacating the Building shall be subject to Landlord’s prior and continuing review and approval with respect to insurance, security and operational matters. Solely between Tenant and Subtenant, the provisions of the premises; provided, however, that if Landlord so elects prior to termination Sublease (including without limitation Section 17) shall control and determine their respective responsibility for removal or restoration of this lease any improvement or upon earlier vacating of alteration in 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesSubleased Premises.
Appears in 1 contract
Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premises.
Appears in 1 contract
Samples: Lease Agreement (Aetrium Inc)
Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. 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 Term of this lease 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 Premises to their original condition by the date of termination of this lease Lease or upon earlier vacating of the premises; Premises, provided, however, that if Landlord so elects prior to termination of this lease Lease or upon earlier vacating of the premisesPremises, such any or all alterations, additions, improvements and partitions as elected by Landlord shall become the property of Landlord as of the date of termination of this lease Lease or upon earlier vacating of the premises Premises and shall be delivered up to the Landlord with the premisesPremises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premisesPremises.
Appears in 1 contract
Alterations. Tenant shall not make any no alterations, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) Premises without the prior written consent of Landlord. Such Landlord's consent will shall not be denied provided unreasonably withheld as long as the improvements proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are building standard office/warehouse finishesnot visible from the exterior of the Premises. In the event Landlord consents may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the making manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building, provided that Tenant shall have the right to approve their changes before commencing the work. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any such improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements by Tenant, affixed to the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and Premises (excluding moveable trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions furniture) 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 surrendered with the Premises at the end of the Term, except that Landlord may, by written notice to Tenant given at the time of Landlord's consent to the Landlord with alteration or improvement, require Tenant to remove by the premises. All shelvesExpiration Date, binsor sooner termination date of this Lease, machinery all or any alterations, decorations, fixtures, additions, improvements and trade fixtures the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may be removed by require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified in writing of the requirement prior to the termination build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of this lease if Tenant so electsTenant, and Landlord 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 entitled to prompt reimbursement from Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesall costs incurred.
Appears in 1 contract
Samples: Office Space Lease (Netratings Inc)
Alterations. a. Tenant shall not make any alterations, alterations or additions or improvements to the premises (includingexterior or to the structural, but not limited tomechanical, roof plumbing, or electrical systems of the Building and wall penetrations) Property without the prior express written consent permission of the Landlord. Such Notwithstanding the foregoing, the Landlord acknowledges that as part of the Tenant Work, Tenant will be installing roof top or ground-mounted enclosed refrigeration equipment which will service its coolers and freezers in a location specified by the Landlord; provided, however, any roof top equipment must be screened in a manner reasonably acceptable to Landlord and must comply with the Covenant Documents and all Governmental Authorities. The same shall be deemed to be Tenant’s property which shall be removed by Tenant at the expiration of the Initial Lease Term and any renewal(s) or earlier termination of the Lease. Tenant shall use Landlord’s then-current roof contractor for purposes of (i) placement of the refrigeration equipment and any piercing of the roof membrane in order to facilitate the installation thereof, and (ii) removal of the refrigeration equipment and repair/restoration of the roof membrane to its original weather-resistant condition (determined as of the Ready for Occupancy Date), ordinary wear and tear excepted. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for its roof penetrations and any problems arising from such penetrations including any repairs to interior portions of the Building and Property.
b. Tenant shall make alterations or additions to the interior of the Building and Property, only after first delivering to Landlord the plans and specifications therefore and obtaining Landlord’s written consent, which consent will not be denied unreasonably withheld, conditioned or delayed. Landlord’s approval of any Tenant plans, specifications or drawings under this Lease shall create no liability for Landlord for their completeness, design sufficiency, or compliance with Governmental Authorities or applicable codes or laws. Tenant shall promptly pay for the costs of all such alterations and additions regardless of the cost, and shall indemnify Landlord against liens, costs, damages, and expenses incurred by Landlord in connection therewith, including any attorneys’ fees incurred by Landlord if Landlord shall be joined in any action or proceeding involving such work. Landlord may, at its option, pay sums due in order to release such liens, in which event any such sums paid by Landlord shall be due to Landlord by Tenant as Additional Rent, upon demand. Under no circumstance shall Tenant commence any such work until Landlord has been provided with certificates evidencing that all the contractors and subcontractors performing such work have in full force and effect adequate worker’s compensation insurance as required by Governmental Authorities.
c. All alterations and additions done before the Tenant first opens for business, shall be completed by Tenant in accordance with the Work Letter set forth in Exhibit B. All consents given by Landlord in reference to such improvements are building standard office/warehouse finishesshall be deemed conditioned upon: (i) Tenant acquiring all applicable permits required by any Governmental Authorities; (ii) the furnishing of copies of such permits together with a copy of the plans and specifications for the alteration to Landlord prior to commencement of the work thereon and prior to the submission for approval to any Governmental Authorities having jurisdiction; and (iii) the compliance by Tenant with all conditions of said permits in a prompt and expeditious manner.
d. After the Tenant opens for business to the public, the Tenant will not require the Landlord’s consent to make alterations to the Building and Property that cost $100,000 or less, do not affect the Building structure or systems and for which: (i) Tenant first provides written notice to the Landlord to permit it post notices upon the Building and Property as permitted by this Lease; (ii) Tenant obtains any permits required by any Governmental Authority; (iii) Tenant undertakes such alterations in a commercially reasonable fashion; and (iv) Tenant provides the Landlord with “as-built” plans (if applicable) upon the completion of the alterations. In the event Landlord consents any remodeling, improvements, fixturing or modification to the making Building and Property by Tenant results in or causes the Building or Property to be subject to any change or modified compliance with any laws, rules or regulations then Tenant shall pay for and reimburse Landlord for all costs or expenses, including management costs, reasonably necessary to bring any part or all of the Building or Property.
e. Within five (5) days after notifying Landlord of any planned erection, construction, alteration, removal, addition, repair or other improvement, Landlord shall post, and Tenant shall keep posted until completion of such alterationswork, additions in a conspicuous place upon the doors providing entrance to the Building and Property, notices of non-responsibility as permitted by Governmental Authorities, stating that Landlord’s interests in the Building and Property shall not be subject to any lien for such work.
f. Any alterations done by Tenant at any time shall be done in a good and workmanlike manner, with good and sufficient materials, and be in compliance with all Governmental Authorities. Tenant shall promptly upon completion thereof furnish Landlord with as built plans and specifications therefore and copies of any approvals given by any applicable Governmental Authorities.
g. Landlord acknowledges and agrees that all furniture, fixtures, equipment, machinery, cabinetwork, check-out counters, wiring used to serve the check-out counters, rooftop or improvements ground-based refrigeration equipment, coolers, chillers, walk-in or reach-in refrigeration equipment, movable partitions, signs, and any property bearing any of the Tenant’s trade names or trademarks, whether registered or unregistered, and all other items of personal property which Tenant utilizes to conduct its business on the Building and Property which may be installed in or upon the Building and Property at Tenant’s cost (whether or not reimbursed by TenantLandlord as a construction cost) (collectively, the same “Trade Fixtures) shall not be deemed to become a part of the Building and Property, and whether or not they become a component part of the Building and Property, the Trade Fixtures are and shall remain the property of Tenant and shall be made by treated as moveable trade fixtures for the purpose of this Lease. Tenant, at its own cost and expense, may install, place, reinstall or replace upon the Building and Property, or remove from the Building and Property, any such Trade Fixtures. Any replacement or additional Trade Fixtures shall not become the property of the Landlord but shall remain Tenant's ’s property the same as the original Trade Fixtures. All Trade Fixtures shall be removed by Tenant at the termination of this Lease. Tenant shall repair all damage to the Building and Property caused by any such removal. If Tenant fails to timely perform such removal obligations or if Landlord repairs any damage caused by such removal and not repaired by Tenant as herein provided, then the costs and expenses thereof incurred by Landlord may be recovered by Landlord from Tenant. Trade Fixtures will exclude those items which constitute essential building systems (such as base lighting, electrical, plumbing, mechanical, ceiling, bathroom fixtures, HVAC, etc.) and all fire-safety items, flooring, water heaters, interior walls, partitions, and doors, additional utility work (if applicable), grease trap (if applicable), and parapet/facade renovation (if applicable), which such items are or shall become part of the real property.
h. Landlord acknowledges and agrees that Tenant’s Trade Fixtures may be leased from an equipment lessor and that Tenant may execute and enter into an equipment lease with respect to such Trade Fixtures. Landlord shall execute and deliver a document substantially in the form of the Landlord’s Release and Waiver attached hereto as Exhibit D and made a part hereof, in which Landlord: (i) acknowledges and agrees that the Trade Fixtures constitute the personal property of Tenant, and shall not be considered to be part of the Building and Property, regardless of whether or by what means they become attached thereto; (ii) agrees that it will not claim any interest in such Trade Fixtures; (iii) agrees that any equipment lessor may enter the Building and Property for the purpose of exercising any right it may have under the provisions of any equipment lease, including the right to remove such Trade Fixtures, provided that such equipment lessor agrees to repair any damage resulting from such removal; and (iv) any such other provisions as may be common. Landlord waives any statutory landlord’s lien and any attachment for rent on the Trade Fixtures that Landlord may have or may hereafter acquire.
i. Tenant may install, operate and maintain rooftop satellite communication equipment (Satellite Equipment) on the roof of the Building above the Building and Property for use by Tenant in the Building and Property; provided, however, Tenant shall be required to utilize Landlord’s roofing contractor to the extent required to preserve any applicable roof warranties with respect to any work relating to the puncture or penetration of the roof or attaching any items to the roof. Tenant shall be solely responsible for the installation of the Satellite Equipment and shall, as a condition to installing and maintaining the Satellite Equipment and at Tenant’s sole cost and expense, in accordance with secure all necessary consents and approvals from all applicable lawsgovernmental authorities to construct, ordinances and regulationsoperate, and maintain the Satellite Equipment. Tenant agrees to locate all requirements of Landlord's cables and Tenant's insurance policies other equipment and only facilities connecting the Satellite Equipment to the Building and Property in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing locations reasonably designated by Landlord. Tenant mayagrees to indemnify, without defend, and hold harmless Landlord from and against all losses, damages, costs and expenses arising from or relating to the consent of Landlordinstallation, but at its own cost maintenance, 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 repair of the building or improvements and without overloading or damaging such building or improvementsSatellite Equipment, and the Satellite Equipment shall be considered part of the Building and Property for purposes of Tenant’s maintenance, indemnity, and insurance obligations under this Lease. All such equipment shall be installed and maintained by Tenant in each case complying good repair and working condition, in accordance with all applicable governmental laws, ordinances, rules, and regulations and other requirementsin compliance with the requirements of the insurers of the Building and Property. All alterations, additions, improvements and partitions erected by Tenant shall be pay all taxes of any kind or nature whatsoever levied upon the Satellite Equipment and remain all charges, expenses and other costs of any nature whatsoever relating to the property installation, ownership, maintenance and operation of Tenant during the term Satellite Equipment. The installation and operation of this lease the Satellite Equipment shall not interfere with the safety or operation of the Building 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 Property. Upon expiration or earlier termination of this lease or upon earlier vacating Lease, Tenant shall remove all 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 Satellite Equipment and shall be delivered up responsible for the repair, painting, and/or replacement of the building surface to which the Satellite Equipment is attached.
j. Tenant will be permitted to install and maintain, one or more: cart corrals; outdoor bicycle racks, and, picnic, or similar tables all at locations to be mutually acceptable 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesTenant.
Appears in 1 contract
Samples: Building Lease (Natural Grocers by Vitamin Cottage, Inc.)
Alterations. Tenant Without Sublessor’s prior written consent, which consent will not be unreasonably withheld, conditioned or delayed, Subtenant shall not make (a) any repairs, alterations, additions replacements, other improvements or installations to the exterior of the Demised Premises or Building A or the foundation, roof, exterior walls, gutters, downspouts, canopy, storefront or any structural parts of the Demised Premises, (b) any interior, non-structural repairs, alterations, installations or improvements to the premises Demised Premises the estimated cost of which exceeds Fifty Thousand Dollars (including$50,000.00), but not limited toor (c) any repairs, roof alterations, installations or improvements that would affect any centralized or common utilities or any other tenant’s or occupant’s HVAC system or systems or any Building system serving another tenant. If Sublessor’s approval is required for any alterations or improvements, Subtenant shall submit to Sublessor all plans and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of specifications for any such repairs, alterations, additions 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 TenantSubtenant permitted hereunder shall conform to the requirements of, and be subject to the same Parent Lease, including, without limitation, obtaining any consents required thereunder. If Sublessor does not approve a proposed alteration, Sublessor shall provide its reasons for disapproval. Subtenant agrees that any repairs, alterations, replacements, other improvements or installations made by Subtenant to or upon the Demised Premises shall be made by Tenant, at Tenant's sole cost done in a good and expense, workmanlike manner and in accordance conformity with all applicable laws, ordinances and regulationsregulations of all public authorities having jurisdiction, that materials of good quality shall be employed therein, that the structure of the Demised Premises shall not be 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 cooperation therewith of Parent Landlord. Subtenant shall save Sublessor and Parent Landlord harmless from, and defend and indemnify Sublessor and Parent Landlord against, any and all requirements injury, loss claim or damage to any person or property occasioned by or arising out of Landlord's the doing of any such work, except to the extent such injury, loss, claim or damage is caused by the negligence or willful misconduct of Sublessor. Subtenant shall permit no mechanic’s, materialmen’s or other lien against the Demised Premises in connection with any materials, labor or equipment furnished, or claimed to have been furnished, to or for Subtenant, or anyone claiming under Subtenant, and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and if any contractor or person selected by Tenant to make such lien shall be filed against the Demised Premises Subtenant shall cause the same and all subcontractors must first to be approved in writing by Landlord. Tenant maydischarged, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that 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 Landlord so elects prior permitted pursuant to termination of this lease the Parent Lease, while contesting the same as aforesaid, deposit with any mortgagee or upon earlier vacating prospective mortgagee of the premisesDemised Premises, pending such alterationscontest, additionsa sum sufficient to cover the amount of said lien and all interest, improvements penalties 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 costs that would be delivered up payable 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 discharge such lien 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premiseslien were valid.
Appears in 1 contract
Alterations. A. Tenant shall not make any alterations, additions or improvements to the premises (including, including but not limited to, to roof and wall penetrations) penetrations without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord(13). 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 during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination or expiration of this lease or upon earlier vacating of the premiseslease; provided, however, that if Landlord so elects prior to termination or expiration of this lease or upon earlier vacating of the premiseslease, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination or expiration of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, shelves bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination or expiration of this lease if Tenant so elects, and shall be removed 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 with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premises. (14)
B. Before commencing any work relating to alterations, additions and improvements affecting the premises, Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall then have the right at any time and rom time to time to post and maintain on the premises such notices as Landlord deems necessary to protect the premises and Landlord from mechanics' liens, materialmen's liens or any other liens. At any time Tenant either desires or is required to make any repairs, alterations, additions, improvements or utility installations pertaining to the premises, Landlord may require Tenant, at Tenant's sole cost and expense, to obtain and provide to Landlord a lien and completion bond in a form and by a surety acceptable to Landlord in an amount equal to the estimate cost of (15) such improvements, to insure Landlord against liability for mechanics' and materialmen's liens and to insure completion of the work.
Appears in 1 contract
Alterations. Tenant shall deliver to Landlord full and complete plans and specifications of all such alterations, additions or improvements, and no such work shall be commenced by Tenant until Landlord has given its written approval thereof. Landlord does not make expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are safe or that the same comply with any applicable laws, ordinances, etc. Further, Tenant shall indemnify and hold harmless Landlord 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 Xxxxxx’s alterations, additions or improvements to the premises (includingPremises. All other alterations, but not limited toadditions and improvements shall remain the property of Tenant until termination of this Lease, roof at which time they shall be and wall penetrations) without become the prior written consent property of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterationsAll altera tions, additions additions, improvements, repairs and restoration by Tenant hereinafter required or improvements by Tenant, the same permitted shall be made by Tenantdone in a good and workmanlike manner, at Tenant's sole cost incorporating materials of quality equal to or better than those replaced, with finishes comparable to and expense, compatible with adjacent finishes within the Premises and the Building and in accordance compliance with all applicable laws, ordinances ordinances, bylaws, regulations and regulationsorders 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 a manner so as to (i) not unreasonably disturb or otherwise interfere with the use and occupancy of any other tenant of the Building, Phase or Project, (ii) protect by appropriate means and measures all components of the Premises, Building, Phase and Project from soiling or damage associated with Tenant’s work, and all requirements (iii) not impose any additional expense or delay upon Landlord in the constructio n of Landlord's improvements to, or maintenance or operation of, the Building, Phase and/or Project. Tenant shall, reimburse Landlord for reviewing and Tenant's insurance policies and only in accordance with approving or disapproving plans and specifications approved for any alterations proposed by Landlord; and Xxxxxx. Tenant shall require that any contractor or person selected 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, 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 make the same and all subcontractors must first be approved in writing by Landlord. Tenant maythis Section to reflect inflation, without the consent of Landlord, but at its own industry cost and expense and in a good workmanlike manner erect recovery experience over time. Landlord may require proof of such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects insurance prior to termination commencement 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated work on the premisesPremises.
Appears in 1 contract
Alterations. Tenant shall not make any alterations, permit structural or non-structural alterations or additions in or improvements to the premises (includingLeased Premises unless and until the plans have been approved by Landlord in writing. As a condition of and at the time of such approval, but not limited toLandlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, roof all such alterations or improvements, except movable office furniture and wall penetrations) without equipment and trade fixtures, shall become a part of the prior written consent realty and the property of Landlord. Such consent will , and shall not be denied provided the improvements are building standard office/warehouse finishesremoved by Tenant. In the event If Landlord consents to Tenant's performance of alterations or additions to the making of any such alterationsLeased Premises, additions Tenant shall ensure that all alterations and improvements which are made or improvements by Tenant, the same necessitated thereby shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances regulations and regulationsbuilding codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building. Landlord's approval of the plans, specifications and working drawings for Tenant's alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Tenant shall indemnify and save harmless Landlord from all costs, loss or expense in connection with any construction or installation except to the extent caused by Landlord's negligence or intentional acts. No person shall be entitled to any lien directly or indirectly derived through or under Tenant or through or by virtue of any act or omission of Tenant upon the Leased Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Leased Premises or for or on account of any matter or thing whatsoever; and nothing in this Lease contained shall be construed to constitute a consent by Landlord to the creation of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for, or material claimed to have been furnished to, Tenant, Tenant shall cause such lien to be discharged of record by bonding over or otherwise posting reasonable security to protect Landlord against loss within thirty (30) days after filing. Tenant shall indemnify and save harmless Landlord from all costs, losses, expenses, and all requirements of attorneys' fees in connection with any such lien. Notwithstanding anything contained herein to the contrary, Tenant shall have the right, without Landlord's consent, and Tenantin compliance with all other provisions of this section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's insurance policies mechanical or electrical systems, do not require a building permit, and only the aggregate cost of which does not exceed Seven Thousand Dollars ($7,000.00) in accordance any given year, provided that Tenant gives Landlord fifteen (15) business days prior written notice of any such alteration, along with copies of all plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvementsrelating thereto, 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 provides Landlord with the premises. All shelveslien waivers for all work, bins, machinery labor and trade fixtures installed by Tenant may services to be removed by Tenant prior performed and materials 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 furnished in connection with such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premiseswork.
Appears in 1 contract
Alterations. (a) Tenant shall make no alterations or changes, structural or otherwise, to any part of the Premises, either exterior or interior, without Landlord's written consent. In the event of any such approved changes, Tenant shall have all work done at its own expense. Request for such consent shall be accompanied by plans stating in detail precisely what is to be done. Notwithstanding the foregoing to the contrary, Tenant may make non-structural, cosmetic alterations to the interior of the Premises with Landlord's written consent which shall not make any alterationsbe unreasonably withheld. Tenant shall comply with the building codes, additions regulations and laws now or hereafter to be made or enforced in the municipality, county and/or state, which pertain to such work. Any additions, improvements (made after the initial improvements to the premises Premises), alterations and/or installations made by Tenant (except only office furniture, business equipment and trade fixtures including, but not limited to, roof wet laboratories, cabinetry, benches and wall penetrationsscientific equipment; provided Tenant shall repair any damage to the Premises upon removal of same) without shall become and remain a part of the prior written consent Building and be and remain Landlord's property upon the termination of Tenant's occupancy of said Premises; provided, however, Landlord shall notify Tenant, at the time Tenant requests Landlord. Such consent 's approval to make alterations, that Landlord will or will not be denied provided require Tenant to remove the improvements are building standard office/warehouse finishesproposed alterations from the Premises upon the expiration or earlier termination of this Lease. In the event If Landlord consents requires Tenant to remove such alterations as aforesaid, Tenant shall remove same, repair any damage to the making Premises upon removing same, and restore the Premises to the condition the Premises were in upon delivery of any such alterations, additions or improvements by Tenant, the same shall be made by to Tenant, at Tenant's sole cost and expense, ordinary wear and tear and damage due to casualty not required to be repaired by Tenant excepted. Tenant shall save Landlord harmless from and against all expenses, liens, claims or damages to either property or person which may or might arise by reason of the making of any such additions, improvements, alterations and/or installations. Landlord reserves the right, subject to Articles 22 and 52, to change, increase or reduce, from time to time, the number, composition, dimensions or location of any parking areas, signs, the Building name, service areas, walkways, roadways or other common areas or make alterations or additions to the Building, in accordance with all applicable laws, ordinances and regulations, and all requirements of its sole discretion. Landlord's and approval of Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and under this Article 9 or any contractor other provisions of this Lease is solely for the purpose of ascertaining whether Tenant's proposed alterations will have an adverse impact on the structural components or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character Common Facilities of the building Building and to insure the aesthetic and architectural harmony of the Tenant's proposed alterations with the remainder of the Building. No approval of plans by Landlord shall be deemed to be a representation or improvements and without overloading warranty by Landlord that such plans or damaging such building the work provided for therein will comply with applicable codes, laws or improvementsregulations or be in conformance with any insurance or other requirements which affect the Premises or the Building, and in each case Tenant shall have the sole responsibility of complying with all applicable governmental lawssuch requirements notwithstanding Landlord's approval of Tenant's plans.
(b) NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT UPON CREDIT, ordinancesAND THAT NO MECHANICS' OR OTHER LIEN FOR ANY SUCH LABOR OR MATERIALS SHALL ATTACH TO OR AFFECT THE ESTATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE BUILDING. WHENEVER AND AS OFTEN AS ANY LIEN ARISING OUT OF OR IN CONNECTION WITH ANY WORK PERFORMED, regulations and other requirements. All alterationsMATERIALS FURNISHED OR OBLIGATIONS INCURRED BY OR ON BEHALF OF TENANT SHALL HAVE BEEN FILED AGAINST THE PREMISES OR THE BUILDING, additionsOR IF ANY CONDITIONAL XXXX OF SALE SHALL HAVE BEEN FILED FOR OR AFFECTING ANY MATERIALS, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shallMACHINERY OR FIXTURES USED IN THE CONSTRUCTION, unless Landlord otherwise elects as hereinafter providedAV-BTRL6.LSE MVD-5/6/97 REPAIR OR OPERATION THEREOF, remove all alterationsOR ANNEXED THERETO BY TENANT, additionsTENANT SHALL FORTHWITH TAKE SUCH ACTION BY BONDING, 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesDEPOSIT OR PAYMENT AS WILL REMOVE OR SATISFY THE LIEN OR CONDITIONAL XXXX OF SALE WITHIN TEN (10) DAYS OF LANDLORD'S WRITTEN REQUEST THEREFOR.
Appears in 1 contract
Samples: Office Lease (Boston Biomedica Inc)
Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense expense, and in a good workmanlike manner manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable, 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, additions and improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant Txxxxx and restore the premises Premises to their original condition by the date of termination of this lease Lease or upon earlier vacating of the premises; Premises, provided, however, that if Landlord so elects prior to termination of this lease Lease or upon earlier vacating of the premisesPremises, such alterations, additions, improvements improvements, and partitions shall become the property of the Landlord as of the date of termination of this lease Lease or upon earlier vacating of the premises Premises and shall be delivered up to the Landlord with the premisesPremises. All shelves, bins, machinery and trade fixtures installed by the Tenant may be removed by the Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premisesPremises.
Appears in 1 contract
Samples: Lease Agreement (Tango Inc)
Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, but not limited towithout limitation, the roof and wall penetrations) without the prior written consent of Landlord. Such If Landlord shall, consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable governmental laws, ordinances ordinances, rules and regulations, regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same same, or, at Landlord's option and all subcontractors must first discretion, the alterations, additions or improvements shall be approved in writing made by LandlordLandlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building Building or improvements Development and without overloading the floor or damaging such building Building or improvementsDevelopment, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if 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 Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All Al1 such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities quality of the building and other improvements situated on the premisesBuilding.
Appears in 1 contract
Samples: Lease Agreement (Netspeak Corp)
Alterations. (a) Tenant shall make no alterations or changes, structural or otherwise, to any part of the Premises, either exterior or interior, without Landlord’s written consent. In the event of any such approved changes, Tenant shall have all work done at its own expense. Request for such consent shall be accompanied by plans stating in detail precisely what is to be done. Notwithstanding the foregoing to the contrary, Tenant may make non-structural, cosmetic alterations to the interior of the Premises with Landlord’s written consent which shall not make any alterationsbe unreasonably withheld. Tenant shall comply with the building codes, additions regulations and laws now or hereafter to be made or enforced in the municipality, county and/or state, which pertain to such work. Any additions, improvements (made after the initial improvements to the premises Premises), alterations and/or Installations made by Tenant (except only office furniture, business equipment and trade fixtures including, but not limited to, roof wet laboratories, cabinetry, benches and wall penetrationsscientific equipment; provided Tenant shall repair any damage to the Premises upon removal of same) without shall become and remain a part of the prior written consent Building and be and remain Landlord’s property upon the termination of Tenant’s occupancy of said Premises; provided, however, Landlord shall notify Tenant, at the time Tenant requests Landlord. Such consent ’s approval to make alterations, that Landlord will or will not require Tenant to remove the proposed alterations from the Premises upon the expiration or earlier termination of this Lease. If Landlord requires Tenant to remove such alterations as aforesaid, Tenant shall remove same, repair any damage to the Premises upon removing same, and restore the Premises to the condition the Premises were in upon delivery of same to Tenant, at Tenant’s sole cost and expense, ordinary wear and tear and damage due to casualty not required to be denied provided the improvements are building standard office/warehouse finishesrepaired by Tenant excepted. In the event Tenant shall save Landlord consents harmless from and against all expenses, liens, claims or damages to either property or person which may or might arise by reason of the making of any such alterationsadditions, additions improvements, alterations and/or installations. Landlord reserves the right, subject to Articles 22 and 52, to change, increase or improvements by Tenantreduce, from time to time, the same shall be made by Tenantnumber, at Tenant's sole cost and expensecomposition, dimensions or location of any parking areas, signs, the Building name, service areas, walkways, roadways or other common areas or make alterations or additions to the Building, in accordance with all applicable laws, ordinances and regulations, and all requirements its sole discretion. Landlord’s approval of Landlord's and Tenant's insurance policies and only in accordance with ’s plans and specifications approved by Landlord; and under this Article 9 or any contractor other provisions of this Lease is solely for the purpose of ascertaining whether Tenant’s proposed alterations will have an adverse impact on the structural components or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character Common Facilities of the building Building and to insure the aesthetic and architectural harmony of the Tenant’s proposed alterations with the remainder of the Building. No approval of plans by Landlord shall be deemed to be a representation or improvements and without overloading warranty by Landlord that such plans or damaging such building the work provided for therein will comply with applicable codes, laws or improvementsregulations or be in conformance with any insurance or other requirements which affect the Premises or the Building, and in each case Tenant shall have the sole responsibility of complying with all applicable governmental lawssuch requirements notwithstanding Landlord’s approval of Tenant’s plans.
(b) NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT UPON CREDIT, ordinancesAND THAT NO MECHANICS’ OR OTHER LIEN FOR ANY SUCH LABOR OR MATERIALS SHALL ATTACH TO OR AFFECT THE ESTATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE BUILDING. WHENEVER AND AS OFTEN AS ANY LIEN ARISING OUT OF OR IN CONNECTION WITH ANY WORK PERFORMED, regulations and other requirements. All alterationsMATERIALS FURNISHED OR OBLIGATIONS INCURRED BY OR ON BEHALF OF TENANT SHALL HAVE BEEN FILED AGAINST THE PREMISES OR THE BUILDING, additionsOR IF ANY CONDITIONAL BXXX OF SALE SHALL HAVE BEEN FILED FOR OR AFFECTING ANY MATERIALS, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shallMACHINERY OR FIXTURES USED IN THE CONSTRUCTION, unless Landlord otherwise elects as hereinafter providedREPAIR OR OPERATION THEREOF, remove all alterationsOR ANNEXED THERETO BY TENANT, additionsTENANT SHALL FORTHWITH TAKE SUCH ACTION BY BONDING, 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesDEPOSIT OR PAYMENT AS WILL REMOVE OR SATISFY THE LIEN OR CONDITIONAL BXXX OF SALE WITHIN TEN (10) DAYS OF LANDLORD’S WRITTEN REQUEST THEREFOR.
Appears in 1 contract
Samples: Lease (Seracare Life Sciences Inc)
Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at as 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 Term of this lease Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions that are not trade fixtures erected by Tenant and restore the premises Premises to their original condition by the date of termination of this lease Lease or upon earlier vacating of the premises; Premises, provided, however, that if Landlord so elects prior to termination of this lease Lease or upon earlier vacating of the premisesPremises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease Lease or upon earlier vacating of the premises Premises and shall be delivered up to the Landlord with the premisesPremises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premisesPremises.
Appears in 1 contract
Samples: Lease Agreement (Amazon Com Inc)
Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, but not limited towithout limitation, the roof and wall penetrations) without the prior written consent of Landlord. Such If Landlord shall, consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable governmental laws, ordinances ordinances, rules and regulations, regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same same, or, at Landlord's option and all subcontractors must first discretion, the alterations, additions or improvements shall be approved in writing made by LandlordLandlord for tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building Building or improvements Development and without overloading the floor or damaging such building Building or improvementsDevelopment, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if 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 Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities quality of the building and other improvements situated on the premisesBuilding.
Appears in 1 contract
Alterations. After completion of the Tenant shall not make Work, Tenant may, at any alterationstime during the Term, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) without with the prior written consent of Landlord. Such consent will not be denied provided the , make additions, alterations, changes, or improvements are building standard office/warehouse finishes. In the event Landlord consents in or to the making Premises or any part thereof as Tenant may from time to time deem reasonably necessary or desirable for the operation of any such alterations, additions or improvements by Tenant, ’s business within the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance Premises consistent with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term terms 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 premisesLease; provided, however, that if Tenant shall not have the right to make any additions, alterations, changes, or improvements which affect the structure, structural strength, or outward appearance of the Premises or the building. Tenant shall submit to Landlord so elects plans and specifications for such work not later than fifteen (15) days prior to the time approval is sought. Landlord may withhold approval in its absolute discretion. Any additions, alterations, changes, or improvements made in or to the Premises by Tenant shall be in compliance with all insurance requirements and regulations and ordinances of governmental authorities and shall, upon the expiration or sooner termination of this lease or upon earlier vacating of the premisesTerm, such alterations, additions, improvements and partitions shall become the property of Landlord; provided, however, Landlord as may at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes, or improvements at the expiration or sooner termination of the date of termination of this lease or upon earlier vacating of the premises Term, and shall be delivered up to repair any damages to the Premises caused by such removal. Landlord with hereby reserves the premises. All shelvesright at any time and from time to time during the Term to make any additions, binsalterations, machinery and trade fixtures installed by Tenant may be removed by Tenant prior changes, or improvements (including without limitation, building additional stories) on, in, or to the termination of this lease if Tenant so electsbuilding in which the Premises are contained, and shall be removed by reserves the date of termination of this lease or upon earlier vacating of right to construct other buildings and improvements in the premises if required by Landlord; upon Shopping Center from time to time and at any time during the Term, and to make alterations thereto and to build additional stories on any such removal Tenant shall restore the premises buildings and to their original condition with consideration for normal wear build adjoining same and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesconstruct multi-level parking facilities.
Appears in 1 contract
Samples: Lease Agreement
Alterations. Tenant shall not make any All alterations, additions or and improvements, except trade fixtures, installed at expense of Tenant, shall become the property of Landlord and shall remain upon and be surrendered with the leased premises as a part of thereof on the termination of this lease. Such alterations, additions, and improvements to the premises (including, but not limited to, roof and wall penetrations) without may only be made with the prior written consent of Landlord. Such , which consent will shall not be denied provided the improvements are building standard office/warehouse finishesunreasonably withheld. In the event Landlord consents to If consent is granted for the making of improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the leased premises, in connection with the making of such improvements or alterations. No cooling tower, additions equipment, or improvements by Tenant, the same structure of any kind shall be made placed on the roof or elsewhere on the leased premises by TenantTenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's sole cost expense and expensein such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, in accordance with all applicable lawsequipment or structure temporarily, ordinances so that repairs to the roof can be made, Tenant shall promptly remove and regulationsreinstall the cooling tower, and all requirements of Landlord's and equipment or structure at Tenant's insurance policies expense and only in accordance with plans and specifications approved by Landlord; and repair at Tenant's expense any contractor damage resulting from such removal or person selected by reinstallation. Upon termination of this lease, Tenant shall remove or cause to make be removed from the same and all subcontractors must first be approved in writing roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant may, without the consent of Landlord, but shall promptly repair at its own cost expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and expense and in a good workmanlike manner erect such shelvescondition, bins, machinery and natural deterioration only excepted. Any damage caused by the installation or removal of trade fixtures as it may deem advisable, without altering shall be repaired at Tenant's expense prior to the basic character expiration 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 requirementslease term. All alterations, improvements, additions, improvements and partitions erected repairs made by Tenant shall be made in good 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesmanner.
Appears in 1 contract
Samples: Commercial Lease (Allquest Com Corp)
Alterations. Tenant shall not make any alterations, additions alterations or improvements to the premises Premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such , which consent will not may be granted or denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenantin Landlord's sole cost and expense, in accordance with all applicable laws, ordinances and regulationsdiscretion, and all requirements of then only by contractors and in such manner and with such materials as may be approved by Landlord in Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make sole discretion. Notwithstanding the same and all subcontractors must first be approved in writing by Landlord. foregoing, 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 Building and without overloading or damaging such building or improvements, the Building and in each case complying 9 with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease 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 Premises to their original condition by the date of termination of this lease Termination Date or upon earlier vacating of the premisesPremises; provided, provided however, that if Landlord so elects prior to termination of this lease Lease or upon earlier vacating of the premisesPremises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease Termination Date or upon earlier vacating of the premises Premises and shall be delivered up to the Landlord with the premisesPremises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Termination Date if Tenant so elects, and shall be removed by the date of termination of this lease Termination Date or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure Building. Any such shelves, bins, machinery and trade fixtures or structural qualities other property of Tenant which shall remain in the building Premises after the Termination Date, may, at the option of Landlord, be deemed to have been abandoned, and other improvements situated on the premisesin such case such items may be retained by Landlord, without accountability and in such manner as Landlord shall determine, at Tenant's expense including all costs of selling, disposing, removing and storing such property.
Appears in 1 contract
Samples: Lease (Ecc International Corp)
Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such , which consent will shall not be denied provided the improvements are building standard office/warehouse finishesunreasonably withheld. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises Premises to their original condition by the date of termination of this lease or upon earlier vacating of the premisesPremises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premisesPremises, 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 Premises and shall be delivered up to the Landlord with the premisesPremises. All Notwithstanding the foregoing sentence, all shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises Premises if required by Landlord; upon . Upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for (normal wear and teartear excepted). All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesPremises.
Appears in 1 contract
Alterations. (a) Tenant shall not not, without Landlord's prior written consent, make any alterations, additions improvements, additions, or improvements Utility Installations (as hereinafter defined) in, on, or about the Premises, except for cosmetic changes, decorating changes, or non-structural alterations not exceeding $[***] in any one year per Building, or $[***] in cumulative cost per Building during the Term. The foregoing shall not be construed to limit or restrict Tenant's right to relocate, reinstall, and operate its machinery or equipment, or to comply with its obligations under this [***] Confidential portions of this document have been redacted and filed separately with the Commission. Lease, provided that such activities can be performed without causing structural alteration or structural damage to the premises (includingPremises. As used in this paragraph 6.2, but not limited tothe term "Utility Installation" means air lines, roof power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, and wall penetrations) plumbing. Landlord may require that Tenant remove any or all of said alterations, improvements, additions, or Utility Installations at the expiration of this Lease and restore the Premises to its prior condition. Should Tenant make any alterations, improvements, additions, or Utility Installations without the prior written consent of Landlord. Such Landlord when such consent will not be denied provided is required hereunder, Landlord may require that Tenant remove any or all of the same.
(b) Tenant's ability to make alterations, improvements are building standard office/warehouse finishes. In the event Landlord consents , additions, or Utility Installations to the making of Premises is conditioned on (1) Tenant's acquiring from appropriate governmental agencies any permits which may be necessary to make such alterations, additions improvements, additions, or improvements by TenantUtility Installations, the same shall be made by Tenant, at (2) Tenant's sole cost furnishing of a copy of such permits to Landlord before beginning the work, and expense, (3) Tenant's compliance with all conditions of such permits in accordance with all the terms thereof and applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. law.
(c) 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 alterationsimprovements, additions, improvements and partitions erected by Tenant and restore Utility Installations (whether or not such Utility Installations constitute trade fixtures of Tenant) which may be made on 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 Premises will become the property of Landlord as of and remain on and be surrendered with the date of Premises at the expiration or termination of this lease or upon earlier vacating Lease in accordance with the provisions of the premises paragraph 6.1(c). Tenants machinery and shall be delivered up equipment, other than that which is affixed to the Landlord with Premises so that it cannot be removed without causing material structural damage to the premises. All shelvesPremises, bins, machinery will remain Tenant's property and trade fixtures installed by Tenant may be removed by Tenant prior subject to the termination provisions of paragraph 6.1(c), provided that Tenant is not then in default under any provision 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesLease.
Appears in 1 contract
Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event If Landlord consents to Tenant's contractors doing the making of any such alterationswork, additions or improvements by TenantLandlord may require, the same shall be made by Tenantat Landlord's sole option, that Tenant provide, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one half (1-1/2) times any and all estimated costs of improvements, additions or alterations in the Premises to insure Landlord against any liability or mechanic's and materialmen's liens which may arise in accordance with all applicable laws, ordinances Paragraph 23 of this Lease Agreement and regulations, and all requirements to insure completion of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlordwork. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner 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 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 Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements improvements, and partitions erected by Tenant and restore the premises Premises to their original condition by the date of termination of this lease Lease or upon earlier vacating of the premisesPremises; provided, however, that if Landlord so elects prior to termination of this lease Lease or upon earlier vacating of the premisesPremises, such alterations, additions, improvements improvements, and partitions shall become the property of Landlord as of the date of termination of this lease Lease or upon earlier vacating of the premises Premises and shall be delivered up to the Landlord with the premisesPremises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon . Upon any such removal removal, Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesPremises.
Appears in 1 contract
Alterations. 9.1 Tenant shall not make any alterations, additions or improvements in or to the premises Premises or any part thereof, or attach any fixtures or equipment thereto, without Landlord's prior written consent, which consent shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make such alterations, additions or improvements without Landlord's consent only if the total cost of such alterations, additions or improvements is fifty thousand dollars (including$50,000) or less and such alterations, additions or improvements will not affect in any way the structural, exterior or roof elements of the Premises or mechanical, electrical, plumbing, utility or life safety systems of the Premises, but not limited to, roof and wall penetrations) without the Tenant shall give prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making notice of any such alterations, additions or improvements by Tenantto Landlord. In no event shall Tenant be permitted to install underground storage tanks (excepting a single 20,000 gallon water tank) or fuel systems on the Premises. Landlord's refusal to consent to the installation of an underground tank or fuel system shall be conclusively presumed to be reasonable. All alterations, additions and improvements in or to the same Premises to which Landlord consents shall be made by Tenant, Tenant at Tenant's sole cost and expenseexpense as follows:
(a) Tenant shall submit to Landlord, in accordance for Landlord's written approval, complete plans and specifications for all work to be done by Tenant. Such plans and specifications shall be prepared by the licensed architect(s) and engineer(s), shall comply with all applicable codes, laws, ordinances ordinances, rules and regulations, shall not adversely affect the structural elements of the Premises, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the Premises, and all requirements of shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion.
(b) Landlord shall notify Tenant in writing, within fifteen (15) Business Days after Landlord's receipt of such plans and Tenantspecifications, whether Landlord approves or disapproves such plans and specifications and, if Landlord disapproves such plans and specifications, Landlord shall describe the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for Landlord's insurance policies prior written approval. Tenant shall pay all costs, including the fees and only expenses of the licensed architect(s) and engineer(s), in accordance with preparing such plans and specifications.
(c) All changes in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approval. If Tenant wishes to make any such change in such approved plans and specifications, Tenant shall have such architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant in writing promptly whether Landlord approves or disapproves such change and, if Landlord disapproves such change, Landlord shall describe the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for such change for Landlord's written approval. After Landlord's written approval of such change, such change shall become part of the plans and specifications approved by Landlord; .
(d) Tenant shall obtain and any contractor or person selected by comply with all building permits and other governmental permits and approvals required in connection with the work. Tenant to make shall, through Tenant's licensed contractor, perform the same work substantially in accordance with (i) the plans and all subcontractors must first be specifications approved in writing by Landlord. Tenant may, without (ii) 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 improvementspermits obtained by Tenant, and in each case complying with (iii) all applicable governmental codes, laws, ordinances, regulations rules and regulations. Tenant shall pay, as additional rent, the entire cost of all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the alterations, additions and improvements. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work.
(e) Tenant shall give written notice to Landlord of the date on which construction of any work will be commenced at least ten (10) days prior to such date. Tenant shall keep the Premises free from mechanics', materialmen's and all other requirementsliens arising out of any work performed, labor supplied, materials furnished or other obligations incurred by Tenant. Tenant shall promptly and fully pay and discharge all claims on which any such lien could be based or, in the event Tenant reasonably disputes the validity or amount of any such claim, Tenant may bond over such lien to Landlord's reasonable satisfaction. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord and the Premises from such liens, and to take any other action Landlord deems necessary to remove or discharge liens or encumbrances at the expense of Tenant.
9.2 All alterations, additions, improvements fixtures and partitions erected improvements, whether temporary or permanent in character, made in or to the Premises by Tenant Landlord or 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 become part 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 Premises and partitions shall become the Landlord's 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premises.excluding,
Appears in 1 contract
Samples: Purchase Agreement (Icg Funding LLC)
Alterations. (a) The original improvement of the Premises shall be in accordance with Tenant's plans and specifications approved by Landlord. Tenant shall not make or permit anyone to make any interior alterations, decorations, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) Premises without the prior written consent of Landlord. Such , which consent will Landlord may not be denied provided the improvements are building standard office/warehouse finishesunreasonably withhold. In no event shall any structural or exterior repair change or modification to the Building, the Premises, or the heating, electrical or plumbing services be made by Tenant or employees or agents of Tenant without Landlord's prior written consent, which Landlord may withhold in its sole and absolute discretion. Any approved repairs, alterations, decorations, additions or improvements shall be made by licensed contractors and mechanics approved by Landlord, in accordance with the applicable laws and ordinances of any public authority having jurisdiction over the Building and with the building code and zoning regulations of any such authority and with any rules and regulations established from time to time by the Underwriters Association of the local area.
(b) All alterations, improvements, additions or fixtures whether installed after the execution of this Lease, shall remain upon the Premises at the termination of this Lease and upon such termination shall become the property of Landlord, unless Landlord shall, no later than ten (10) days after the termination of this Lease, have given written notice to Tenant to remove the same, in which event Tenant will remove such alterations, improvements and additions and restore the Premises -- in the same good order and condition in which they were prior to the installation of such alterations, improvements, additions or fixtures. Should Tenant fail to do so, Landlord consents may do so, collecting, at Landlord's option, the reasonable cost and expense thereof from Tenant as additional rent.
(c) In making any approved alterations, additions or improvements, Tenant shall promptly pay all contractors, materialmen and laborers, so as to minimize the possibility of a lien attaching to the Building, or attaching to any portion of the real property on which said Building is located. Should any such lien be made or suit be filed therefor, Tenant shall bond against or discharge the same within ten (10) days after the said filing of suit.
(d) Tenant will defend, indemnify and hold Landlord harmless from and against, any and all expenses, liens, claims or damages, including attorneys' fees, to person or property which may or might arise, directly or indirectly, by reason of the making of any such repairs, alterations, decorations, additions or improvements by Tenant, including without limitation, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements installation or operation of equipment or machinery requiring Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and consent under subparagraph (d) of this Section 9. If any contractor repair, alteration, decoration, addition, installation or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, improvement is effected without the prior written consent of Landlord, but at its own cost Landlord may remove or correct the same 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 liable for any and remain the property of Tenant during the term all reasonable expenses of this lease and Tenant shall, unless work. All rights given to Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises herein shall be in addition to their original condition by the date of termination of this lease any other right 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 remedy of Landlord as of the date of termination of contained in 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesLease.
Appears in 1 contract
Samples: Lease (Best Software Inc)
Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, including but not limited to, to roof and wall penetrationspenetration) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premises.
Appears in 1 contract
Samples: Lease Agreement (Glacier Corp)
Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such consent will , not to be denied provided the improvements are building standard office/warehouse finishesunreasonably withheld, conditioned or delayed. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all reasonable requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor , such consent not to be unreasonably withheld, conditioned or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlorddelayed. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises Premises to their original condition by the date of termination of this lease or upon earlier vacating of the premisesPremises, reasonable wear and tear excepted; provided, however, that if Landlord so elects in writing prior to termination of this lease or upon earlier vacating of the premisesPremises, such alterations, additions, improvements and partitions (but not Tenant's trade fixtures) shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises Premises and shall be delivered up to the Landlord with the premises. All Premises Notwithstanding the foregoing sentence, all shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises Premises if required by Landlord; upon . Upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for condition, normal wear and teartear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premises.Premises. (See Additional Provisions, Section 8)
Appears in 1 contract
Samples: Lease Agreement (Homegrocer Com Inc)
Alterations. Tenant shall not make or suffer to be made any alterations, additions additions, changes or improvements in, on, or to the premises (including, but not limited to, roof and wall penetrations) Premises or any part thereof without the prior written consent of Landlord. Such consent will not be denied provided ; 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 improvements are building standard office/warehouse finishesend 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 alterations, additions additions, changes or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, expense in accordance with all applicable laws, ordinances statutes, ordinances, rules and regulations, regulations public and private and all requirements of Landlord's and Tenant's insurance policies policies, and only in accordance with plans and specifications approved by Landlord; and any Landlord (such approval not be unreasonably withheld, delayed or conditioned). Any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord or, at Landlord's 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, without the consent of Landlord, but may opt to remove any improvements or alteration at its own Tenant's sole cost and expense and in a good workmanlike manner erect such shelves, bins, machinery Tenant shall forthwith 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 lawsdue diligence, ordinancesat its sole cost and expense, 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 thereupon repair and restore the premises 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisescondition.
Appears in 1 contract
Samples: Landlord's Consent to Second Sublease (Witness Systems Inc)
Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premises.
Appears in 1 contract
Samples: Lease Agreement (Cd Warehouse Inc)
Alterations. Tenant shall not make any major alterations, additions additions, or improvements to the premises (including, but not limited to, roof and wall penetrations) Premises without the prior written consent of Landlord. Such , which consent will shall not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions unreasonably withheld or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlorddelayed. Tenant may, without the consent of Landlord, but at its Tenant's own cost and expense and in a good good, workmanlike manner manner, make such minor alterations, additions, or improvements or erect, remove, or alter such partitions, or erect such shelves, bins, machinery machinery, and trade fixtures as it may deem advisable, without altering the basic character of the building Building or improvements and improvements, without affecting the structural or loadbearing elements of the Building or improvements, without overloading or damaging such building Building or improvementsimprovements or any utility systems servicing same, and without interference to the other occupants of the Building or any other of Landlord's tenants, and in each case complying with all applicable governmental laws, ordinances, regulations regulations, and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain At the property of Tenant during the term termination of this lease and lease, Tenant shall, unless if Landlord otherwise elects as hereinafter providedso elects, and at Tenant's sole cost and expense, remove all alterations, additions, improvements improvements, and partitions erected by Tenant and restore the premises Premises to their original condition by the date of termination of this lease or upon earlier vacating of the premisescondition; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premisesotherwise, 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 premisesPremises. All shelves, bins, machinery machinery, and trade fixtures installed by Tenant may be removed by Tenant prior to at the termination of this lease lease, if Tenant so elects, so long as no event of default by Tenant is then in existence, 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 with consideration for normal wear and tear. All such removals and restoration restorations shall be accomplished in a good good, workmanlike manner so as not to damage the primary structure or structural qualities of the building Building and other improvements situated on the premisesPremises. Any fixtures installed in the Premises by Tenant other than shelves, bins, machinery, and similar trade fixtures shall become the property of Landlord when installed.
Appears in 1 contract
Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the demised premises (including, but not limited to, roof and wall penetrations) of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents , and to the making provisions of any such this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not adversely 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 Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be made removed from the premises by Tenant, Tenant prior to the expiration of the lease at Tenant's sole cost and expense, . Nothing in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and this article shall be construed to give Landlord title to or to prevent Tenant's insurance policies removal of trade fixtures, moveable office furniture and only in accordance with plans and specifications approved by Landlord; and equipment, but upon removal of any contractor such from the premises or person selected by Tenant to make the same and all subcontractors must first upon removal of other installations as may be approved in writing required by Landlord. Tenant may, without the consent of Landlord, but shall immediately and at its own cost and expense and in a good workmanlike manner erect such shelvesexpense, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant repair and restore the premises to their original the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the date of termination of this lease or upon earlier vacating end of the premises; providedterm remaining in the premises after Tenant's removal shall be deemed abandoned and may, howeverat the election of Landlord, that if either be retained as Landlord's property or may be removed from the premises by Landlord so elects prior to termination of this lease or upon earlier vacating of the premisesat Tenant's expense. Tenant shall, such before making any alterations, additions, improvements installations or improvements, at its expense, obtain all permits, approvals and partitions shall become the property certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of Landlord as of the date of termination of this lease or upon earlier vacating of the premises final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Landlord may reasonably require. If any mechanic's lien or U.C.C. financing statement is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed discharged by Tenant may be removed within ten days after notice, at Tenant's expense, by Tenant prior to filing 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 bond required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure law or structural qualities of the building and other improvements situated on the premisesotherwise.
Appears in 1 contract
Alterations. Tenant may not make alterations in or additions to the Leased Premises unless Tenant has first obtained from Landlord written permission to do so, and Tenant shall, if requested by Landlord, furnish Landlord with plans and specifications, names and addresses of the contractors who will perform the work, copies of the contracts, all necessary permits and indemnification in form and amount satisfactory to Landlord against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions. Whether Tenant shall have furnished Landlord the foregoing or not, Tenant hereby agrees to hold Landlord harmless from any and all liabilities of every kind and description which may arise out of or be connected with the alterations or additions. Tenant shall bay the cost of all such alterations and additions and also the cost of decorating the Leased Premises occasioned by such alterations and/or additions. Tenant shall not overload, damage or deface the Leased Premises, the Building or the Property or do any act or thing or bring or keep anything thereon which may make void or voidable any alterations, additions insurance on the Leased Premises or improvements to the premises (including, but Building or which may render an increase or extra premiums payable for insurance. Tenant shall not limited to, roof and wall penetrations) without move any heavy equipment into the Leased Premises except with prior written consent of LandlordLandlord and upon such terms as Landlord may specify. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making Upon completion of any such alterationsalterations or additions, Tenant shall furnish Landlord with contractors' affidavits and full waivers of liens and receipted bills covering all labor, materials and subcontractors expended and used. All alterations and/or additions or improvements by Tenant, the same shall must be made by Tenant, at Tenant's sole cost completely finished in a good and expense, neat workmanlike manner and comply in accordance all respects with all insurance requirements and with all applicable federal, state, or municipal statutes, laws, ordinances and regulations, or any department or agency thereof, or any department thereof, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant mayincluding, without limitation, the consent standards and regulations of LandlordO.S.H.A. and environmental laws and regulations applicable to such alterations, but and/or additions. Only good grades of materials shall be used in the alterations and/or additions. All additions shall become Landlords's property and shall remain upon the Leased Premises at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisablethe termination of this Lease by lapse of time or otherwise, without altering the basic character of the building compensation or improvements and without overloading allowance or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirementscredit to Tenant. All alterations, additions, improvements and partitions erected changes made 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 restored to their original condition by the date of termination of this lease or upon earlier vacating of the premises; providedat Tenant's expense, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such requests. Any alterations, additions, improvements and partitions additions or repairs shall become be performed by labor which is compatible with the property union or unions representing the service employees of Landlord as of in 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesBuilding.
Appears in 1 contract
Alterations. 8.1 Tenant shall not make any alterations, interior decorations, improvements or additions or improvements to the premises Leased Premises or attach any fixtures or equipment thereto, above ten thousand dollars (including$10,000) in direct cost to Tenant, but not limited to, roof and wall penetrations) without the Landlord’s prior written consent of Landlord. Such consent will approval, which approval shall not be denied provided unreasonably withheld, delayed or conditioned. All such alterations, interior decorations, improvements or additions made to the Leased Premises or the attachment of any fixtures or equipment thereto shall be performed at Tenant’s sole cost and expense. Tenant may affix pictures and shelving to the walls without Landlord’s consent. So long as Tenant is not in default hereunder, Tenant shall have the right but, except as stated in the succeeding sentence, not the obligation to remove any of said alterations, interior decorations, improvements or additions caused to be made to the Leased Premises by Tenant, during and at the expiration of the Lease term or any renewal thereof, providing that Tenant repairs any damage caused to the Leased Premises by said removal. Landlord, by notice to Tenant in writing not more than thirty (30) days after the expiration of the Lease term, or any renewal term thereof, may request that Tenant remove any of said alterations, interior decorations, improvements or additions caused to be made to the Leased Premises by Tenant or any of the fixtures, furniture and equipment caused to be installed by Tenant and, if Landlord makes said request, Tenant shall, within thirty (30) days thereafter, remove such of said alterations, interior decorations, improvements, additions, fixtures, furniture and equipment as are building standard office/warehouse finishesstated in such request and repair any damage caused to the Leased Premises by said removal. In the event that Landlord consents requests such removal and Tenant fails to remove same and repair any damage caused thereby on or before said expiration date, Tenant agrees to reimburse and pay Landlord for the cost of removing same and repairing any damage to the making of any such alterations, additions or improvements Leased Premises caused by Tenant, said removal. Notwithstanding anything contained in this Lease to the same shall be made by Tenant, at Tenant's sole cost and expensecontrary, in accordance with all applicable lawsno event shall Tenant be required to remove any improvements or alterations constructed as part of the initial build out of the Leased Premises, ordinances and regulationsor which are installed by Landlord, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications or which are installed by Tenant but which have been approved by Landlord; and any contractor or person selected by Tenant to make , with no condition at the same and all subcontractors must first time of approval at they ultimately be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirementsremoved. All of said alterations, interior decorations, improvements, additions, improvements fixtures, furniture and partitions erected by Tenant shall be and remain equipment remaining on the property Leased Premises after said expiration date, or at such sooner termination date due to any default of Tenant during the term of this lease and Tenant shallTenant, 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 unless removed by Tenant prior in accordance with the foregoing provisions.
8.2 In doing any such work Tenant shall use due care to cause as little damage or injury as possible to the termination of this lease if Leased Premises and the Building and to repair all damage or injury that may occur to the Leased Premises or the Building in connection with such work. Tenant so electsagrees in doing any such work in or about the Leased Premises to use Tenant’s best efforts to engage only such labor as will not conflict with or cause strikes or other labor disturbances. Any contractors employed by Tenant shall be approved by Landlord and Landlord shall not unreasonably withhold its approval and consent, provided, however, that all such contractors shall be required to carry worker’s compensation insurance, public liability insurance and property damage insurance in amounts, form and content, and with companies reasonably satisfactory to Landlord. Prior to the commencement by Tenant of any work as set forth in this Article, Tenant shall be removed obtain, at Tenant’s sole cost and expense, all necessary permits, authorizations and licenses required by the date of termination of this lease or upon earlier vacating of various governmental authorities having jurisdiction over the premises if required by Landlord; upon any such removal Tenant Leased Premises.
8.3 This Article VIII shall restore exclude the premises to their original condition with consideration for normal wear initial buildout work set forth in Article III and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesrelated Exhibits.
Appears in 1 contract
Samples: Lease (Precision Therapeutics Inc)
Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, but not limited towithout limitation, the roof and wall penetrations) without the prior written consent of or Landlord. Such If Landlord shall, consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable governmental laws, ordinances ordinances, rules and regulations, regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same same, or, at Landlord's option and all subcontractors must first discretion, the alterations, additions or improvements shall be approved in writing made by LandlordLandlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic Landlord: _____ Tenant: _____ character of the building Building or improvements Development and without overloading the floor or damaging such building Building or improvementsDevelopment, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if 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 or this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities quality of the building and other improvements situated on the premisesBuilding.
Appears in 1 contract
Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's its sole cost and expense, may make alterations to the premises as needed for its intended use of the premises as a career institute school including but not limited to the construction and deletion of interior walls as depicted on Exhibit “B” which is attached hereto and made a part hereof and related appurtenances (e.g.: electrical outlets, doors, lighting, HVAC duct work) and installation of portable storm shelters as described in accordance with all applicable lawsattached Exhibit “C”. Prior to commencing any construction of alterations or improvements at the premises, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with the Tenant shall submit to the Landlord plans and specifications approved by for the alterations and improvements to be made and shall obtain the prior written approval of the Landlord; and any contractor or person selected , which approval shall not be unreasonably withheld. Tenant shall obtain the necessary permits for construction. Any alterations made by Tenant shall be performed in a good and workmanlike manner and comply with applicable legal requirements. Any alterations shall become part of the premises and subject to make this lease. Landlord shall have the same and all subcontractors must first right to have its own design professional, contractor, or agent observe the work to be approved in writing by Landlordperformed at the premises. In addition, Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall shall, at the option of the Landlord, either (i) 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 or (ii) shall be promptly removed by Tenant prior to the expiration or any earlier termination of the term 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 with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premises.shelves, bins,
Appears in 1 contract
Samples: Lease Agreement
Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) Premises without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenantit's sole own cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner may erect such shelves, bins, machinery and trade fixtures as it may deem advisabledesires, without altering provided that (i) such items do not alter the basic character of the building Premises or improvements and the Building, (ii) such items do not overload or damage same, (iii) such items may be removed without overloading or damaging such building or improvementsinjury to the Premises, and in each case complying (iv) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and other with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain responsible for compliance on the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating interior of the premises; providedPremises and all doorways entering the Premises with The Americans With Disabilities Act of 1990, howeveras amended from time to time and with all State and local architectural barriers statutes, that if Landlord so elects prior as amended and in effect from time 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 premisestime. 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 on or before the date earlier to occur of the day of termination or expiration of this lease Lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Premises, at which time Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such alterations, installations, removals and restoration restorations shall be accomplished performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building and Building or other improvements situated on the premisesPremises or of which the Premises are a part. All alterations, additions, and improvements made by the Tenant shall remain on the Premises as Landlord's property after the termination or expiration of this Lease.
Appears in 1 contract
Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, including but not limited toto roof, roof floor and wall penetrations) without the prior written consent of Landlord. Such , which consent will shall not be denied provided the improvements are building standard office/warehouse finishesunreasonably withheld or delayed. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord, or, at Landlord's sole option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof, including a fee of five percent (5%) of such cost to cover Landlord's overhead, within twenty (20) days after written notification of Tenant by Landlord providing Tenant with an invoice or other request (or statement). Promptly after completion of any alterations, additions, or improvements to the Premises made by Tenant, Tenant shall supply Landlord with a set of scaled and dimensioned, reproducible mylars of "as-built" plans for such alterations, additions or improvements, certified by Tenant's architect or space planner. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good and workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building Building or improvements and without overloading or damaging such building 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 Term and Tenant shall, unless Landlord otherwise elects as hereinafter herein provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises Premises to their original condition by on or before the Lease Expiration Date or any sooner date of termination of this lease or upon earlier vacating of the premisesLease; provided, however, that if Landlord so elects prior to termination or expiration of this lease or upon earlier vacating of the premisesLease, such alterations, additions, improvements and partitions shall become the property of Landlord as of the Lease Expiration Date or any sooner date of termination of this lease or upon earlier vacating of the premises Lease and shall be delivered up to the Landlord with the premisesPremises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by on or before the Lease Expiration Date or any sooner date of termination of this lease or upon earlier vacating of the premises Lease if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities of the building Building and other improvements situated on in the premisesPremises. Tenant shall not be required to remove any of the Leasehold Improvements constructed pursuant to the Work Letter attached hereto as Exhibit "C." In addition, Tenant shall not be required to remove any subsequent alteration or improvement made by Tenant, provided Tenant obtains Landlord's written consent to surrender such alteration or improvement with the Premises, at the time Landlord consents to the making of such alteration or improvement.
Appears in 1 contract
Alterations. Tenant shall be permitted to make alterations within the Premises without Landlord’s consent, provided that such alterations do not affect structural components of the Building, do not involve full wall partitioning (including roof penetration) or do not affect the mechanical, electrical, 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 improvements to the premises Premises (including, but not limited towithout limitation, the roof and wall penetrations) without the prior written consent of Landlord. Such consent will , which shall not be denied provided the improvements are building standard office/warehouse finishesunreasonably withheld, conditioned, or delayed. In the event If Landlord consents shall consent to the making of any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable governmental laws, ordinances ordinances, rules and regulations, regulations and all requirements of Landlord's ’s and Tenant's ’s insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building Building or improvements Development and without overloading the floor or damaging such building Building or improvementsDevelopment, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if 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 Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by LandlordLandlord (unless Landlord agrees in writing at the time of installation of any such items that they do not need to be so removed); upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities quality of the building and other improvements situated on the premisesBuilding.
Appears in 1 contract
Samples: Lease Agreement (Cyberguard Corp)
Alterations. Tenant (a) Except as expressly provided in this Paragraph 6 (a), Lessee shall make no structural changes and no changes to the air-conditioning, electrical distribution system, plumbing, exterior walls and doors, and floor covering in the Leased Premises, and no changes to the exterior of the Leased Premises without the written consent of Lessor. Work performed by Xxxxxx Center, Inc. shall be deemed to have received Lessor's prior written consent, whether requested and/or approved in writing or not. Lessee may have modifications to the premises, the cost of which does not exceed $10,000, performed by its own contractors without Lessor's prior written consent, but Lessee shall immediately notify Lessor of such modifications. Lessee, upon Lessor's consent, which consent shall not be unreasonably withheld, shall also be entitled to make any alterations, additions or improvements to the premises interior of the Leased Premises the cost of which does exceed $10,000 and employ contractors to make such alterations, additions or improvements. Plans describing the proposed tenant improvements and the identity of contractors who will make such improvements shall be submitted to Lessor for approval at least fifteen (including15) days prior to commencement of work. If Lessor does not object by written notice to Lessee within ten (10) days after receipt of such plans, but not limited tothe alterations, roof additions or improvements described therein and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents contractors designated to the making of any make such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, deemed approved. All work shall be in accordance with all applicable the laws, ordinances rules, regulations and regulationsorders of all governmental authorities having jurisdiction thereof and in compliance with all reasonable rules which Lessor and its contractors may make. Lessor shall have no responsibility for any loss of or damage to any fixtures, equipment or other property installed or left in the Leased Premises from any cause whatsoever except the intentional or negligent acts of Lessor. To the extent construction or installation of the alterations, additions or improvements being made by Lessee will not interfere with construction or installation of the alterations, additions or improvements being made by Lessor pursuant to this Lease, Lessor shall permit Lessee to commence such construction or installation prior to commencement of the term of this Lease. Lessee's entry prior to the commencement of the term shall be subject to all of the provisions of this Lease. Lessee shall furnish Lessor with copies of all certificates and approvals relating to any work or installation done by Lessee which may be issued or required by any governmental authorities. Lessee shall diligently prosecute such work to completion and with all due diligence shall open the Leased Premises for the conduct of its business.
(b) All property in the Leased Premises changed or altered by Lessor or Lessee, and all requirements additions or improvements (including carpets) of Landlord's or upon the Leased Premises, made by either party, other than trade fixtures or other personal property (except carpets) owned or leased by Lessee, shall become the property of Lessor, and Tenant's insurance policies shall remain upon and only be surrendered with the Leased Premises as a part thereof at the expiration or earlier termination of this Lease. If Lessor so elects by notice in accordance with plans and specifications approved by Landlord; and any contractor writing to Lessee at least thirty (30) days prior to the expiration or person selected by Tenant to make earlier termination of this Lease, then Lessee shall remove from the same Leased Premises all non-standard property changes, alterations, and all subcontractors must first be approved in writing by Landlorddecorations, installations, additions or improvements (except carpets or fixtures) resulting from Lessee's changes, alterations, decorations, installations, additions and improvements upon the Leased Premises as Lessor shall select. Tenant may, without the consent of Landlord, but Lessee shall repair at its Lessee's 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 to Lessor's satisfaction all damage caused by any removal of the building property permitted or improvements and without overloading or damaging such building or improvementsrequired to be removed under this Paragraph, and in each case complying with all applicable governmental laws, ordinances, regulations such removals and other requirements. All alterations, additions, improvements and partitions erected by Tenant repairs 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 completed by the date of expiration or other termination of this lease Lease.
(c) Lessee shall pay and discharge all claims and liens asserted or upon earlier vacating filed against the Leased Premises or the Building for work claimed to have been done or for materials claimed to have been furnished to Lessee and Lessee shall hold Lessor and the Leased Premises free and harmless from any and all loss, liability or damage for or on account of 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure claims or structural qualities of the building and other improvements situated on the premisesliens.
Appears in 1 contract
Alterations. Tenant On or prior to the commencement date, Landlord agrees to substantially complete the installation at Landlord’s cost and expense of the improvements described in Exhibit C attached hereto, all of which shall not make any alterations, additions or be building standard unless otherwise approved in writing by Landlord. All other improvements to the leased premises shall be installed at the cost and expense of Tenant (includingwhich cost shall be payable as additional rent within fifteen (15) days after demand by Landlord), but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be which have been previously approved in writing by Landlord. both Tenant may, without the consent of and Landlord, but at its own cost and expense only by Landlord or by contractors and subcontractors approved in writing by Landlord (which approval shall not be unreasonably withheld). In connection with any request for an approval of alterations by Tenant (whether before or after the commencement date), Landlord may retain the services of an architect and/or engineer and Tenant shall reimburse Landlord for the reasonable fees of such architect and/or engineer not to exceed $ 1,500.00, unless written notice of a 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 requirementshigher amount is given to Tenant prior to being incurred. All alterations, additions, improvements and partitions installed or erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all such alterations, additions, improvements and partitions installed or erected by Tenant and restore (but not the premises to their original condition initial improvements installed by Landlord) and, by the date of termination of this lease or upon earlier vacating of the leased premises; provided, however, that if Landlord so elects restore the leased premises to the condition existing prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions; provided, however, that, Landlord shall give written notice to Tenant of the requirement of removal or its election not to require removal of each such alteration, addition, improvement or partition at or before the time Landlord issues its approval of the plans and specifications submitted therefor by Tenant. All such alterations, additions, improvement and partitions not removed shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the leased premises and title shall be delivered up pass 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 under this lease if Tenant so elects, and shall be removed as by the date a bxxx 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 with consideration for normal wear and tearsale. All such removals and restoration shall be accomplished in a good workmanlike manner by contractors approved in writing by Landlord so as not to damage the primary structure leased premises or structural qualities the Building. All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all governmental laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide such assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to assure payment of the building costs thereof and to protect Landlord against any loss from any mechanics’, laborers’, materialmen’s or other improvements situated on the premisesliens.
Appears in 1 contract
Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. 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 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. Upon the termination of this lease, the alterations, additions or improvements made to the premises prior to the commencement date shall be surrendered with the premises in the condition the same were in at the commencement of the term, subject to ordinary wear and tear and unrepaired casualty or condemnation damage. If Landlord consents to any future alterations, additions or improvements to the premises which are requested by Tenant, Landlord agrees in its consent to designate which, if any, of the same must be removed by Tenant upon the termination of this lease, and upon such termination Tenant shall be obligated to remove such designated alterations, additions or improvements and restore the affected area of the premises to the condition the same would have been in at the termination of the lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all has such alterations, additions, or improvements and partitions erected by not been made. Tenant and restore shall not be required to remove at the premises to their original condition by the date of termination of this lease any alterations, additions or upon earlier vacating of improvements which the premises; provided, however, that if Landlord did not designate for removal at the time Landlord approved the same for installation. If Landlord so elects prior to termination of this lease or upon earlier vacating of the premiseslease, such alterations, additions, improvements 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 with consideration for normal wear and tearrepair any damage caused by such removal. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premises.
Appears in 1 contract
Samples: Lease Agreement (Onix Systems Inc)
Alterations. Tenant shall not make or suffer to be made any alterations, additions additions, or improvements in, on, or to the premises (including, but not limited to, roof and wall penetrations) Premises or any part thereof without the prior written consent of Landlord. Such ; provided, however, that Tenant shall be permitted to make interior, non-structural alterations o the Premises without Landlord’s consent will provided such alterations do not be denied provided affect the Building’s MEP systems, life safety systems, HVAC system or structural integrity and do not cost more than $20,000 in any twelve (12) month period.. Any such alterations, additions, or improvements are building standard office/warehouse finishesin, 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. In the event Landlord consents to the making of any such alterationsalteration, additions addition, or improvements improvement by Tenant, the same shall be made by Tenant, at Tenant's ’s sole cost and expense, in accordance with all applicable laws, ordinances ordinances, and regulations, regulations and all requirements of Landlord's ’s and Tenant's ’s insurance policies policies, and only in accordance with plans and specifications approved by Landlord; 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. Tenant may, without Upon 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 expiration or sooner termination of the building or improvements and without overloading or damaging such building or improvementsterm herein provided, 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 providedat Tenant’s sole cost and expense, forthwith and with all due diligence, remove any or all alterations, additions, or improvements and partitions erected made by or for the account of Tenant and restore which were designated by Landlord at the premises to their original condition by the date time 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 installation in writing as alterations, additions, additions or 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 that must be removed by Tenant prior as of the expiration or earlier termination of the Lease. Otherwise, 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 be required to replace any such improvement or to construct any improvements upon 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 Lease unless the premises if Landlord required by Landlord; upon any the same at the time the Landlord granted its consent to such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesalterations.
Appears in 1 contract
Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, but not limited towithout limitation, the roof and wall penetrations) without the prior written consent of Landlord. Such Landlord which consent will shall not be denied provided the improvements are building standard office/warehouse finishesunreasonably withheld. In the event If Landlord consents shall consent to the making of any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable governmental laws, ordinances ordinances, rules and regulations, regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and . At the time Landlord consents to any contractor such alterations, additions or person selected by improvements Landlord shall advise Tenant whether Tenant is required to make remove such alterations, additions or improvements prior to the same and all subcontractors must first termination of the Lease. If Landlord does not so advise Tenant, then Tenant shall not be approved in writing by Landlordrequired to remove such items. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building Building or improvements Development and without overloading the floor or damaging such building Building or improvementsDevelopment, and in each such case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if 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 Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities quality of the building Building. Tenant may, at its own cost and other improvements situated on expense, without Landlord's consent, install, replace or remove any of Tenant's trade fixtures, furniture, demountable partitions and equipment (all hereinafter referred to as "Trade Fixtures"). Any or all such Trade Fixtures shall be and remain the premisesproperty of Tenant, and may, at Tenant's option and expense, be removed by the Tenant at any time during the term of the Lease or at the lease expiration date. Tenant shall be liable for damages to the Premises caused by Tenant's removal of its Trade Fixtures.
Appears in 1 contract
Samples: Sublease (Exult Inc)
Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, but not limited towithout limitation, the roof and wall penetrations) without the prior written consent of Landlord. Such , which consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenantmay in Landlord's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first discretion be approved in writing by Landlordwithheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner manner, erect such shelves, bins, machinery and other 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 after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if at such time Landlord so elects 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 premises, and title shall be delivered up pass to the Landlord with the premisesunder this lease as by a xxxx of sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if it required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on within which the premisespremises are situated. If Landlord shall, in its sole discretion, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to construction, provide such assurances to Landlord, (including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance) as Landlord shall require to protect Landlord against any loss from any mechanics', laborers' or materialmen's liens, or other liens.
Appears in 1 contract
Alterations. (a) Tenant shall not make construct any improvements or additions or otherwise alter, change or improve the Premises in excess of Ten Thousand Dollars ($10,000) without Landlord’s prior written approval, and not until Landlord shall have first approved the plans and specifications therefor, which approvals shall not be unreasonably withheld. Landlord’s approval of the plans, specifications and working drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All such approved alterations, additions or improvements shall be installed by Tenant at Tenant’s expense using a licensed contractor first approved by Landlord in compliance with the approved plans and specifications therefor and in strict accordance with all laws. All such construction shall be done in a good and workmanlike manner using new materials of good quality. As a condition to the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents consenting to the making of any such alterations, additions leasehold improvement or improvements alteration or change requested by Tenant, the same cost of which may exceed Twenty-five Thousand Dollars ($25,000), Landlord shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by have the right to require Tenant to make the same and all subcontractors must first be approved post a completion bond in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense an amount and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering form satisfactory to Landlord. In no event shall Tenant make any structural changes to the basic character Premises or make any changes to the Premises which would weaken or impair the structural integrity of the building Building or the roof membrane integrity of the Building. Tenant shall not commence construction of any alterations, additions, or improvements (whether or not Landlord’s consent to the improvements are required therefore) until (i) all required governmental approvals and without overloading or damaging such building or improvementspermits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements(iii) Tenant shall have given Landlord at least ten (10) days prior written notice of its intention to commence such construction. All alterations, additions, additions and improvements and partitions erected constructed by Tenant shall be and remain the property of Tenant during the term Lease Term but shall not be damaged, altered, or removed from the Premises. At the expiration or sooner termination of this lease and Tenant shallthe Lease Term, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, or improvements and partitions erected by Tenant and restore the premises shall be surrendered to their original condition by the date of termination of this lease or upon earlier vacating Landlord as a part of the premisesrealty and shall then become Landlord’s property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that if that, notwithstanding the foregoing, Landlord so elects prior may, at its option, require Tenant to termination of this lease or upon earlier vacating of the premises, such remove any alterations, additions, or improvements and partitions in which case Tenant shall become the property of Landlord as of the date of termination of this lease so remove such alterations, additions 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 improvements prior to the expiration or sooner termination of this lease if Tenant so electsthe Lease Term, repair any damage to the Premises caused by such removal, and shall be removed by restore the date of termination Premises to the condition they were in at the commencement 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesLease.
Appears in 1 contract
Alterations. Tenant shall not make any A. Charterer has proposed certain alterations to the Vessel as detailed in Exhibit C to be performed shortly after Charterer is to take delivery of the Vessel from Owner. Owner hereby provides its consent to such alterations, additions but assumes no liability or improvements responsibility and makes no representation or warranty as to the premises (includingfeasibility of the alterations, but not limited tothe ability to complete the alterations within budgeted costs, roof the qualifications of the shipyard to perform the alterations, or the ability of Charterer to obtain Coast Guard and wall penetrations) without classification society approvals required for the prior written consent certification of Landlordthe altered Vessel for any purpose, including Charterer's intended use and operation of the Vessel. Such consent Owner and Charterer agree that the costs of such alterations shall be paid solely to the extent of funds held in a blocked account for the benefit of Owner, solely in accordance with that certain Account Agreement of even date herewith among Charterer, Owner, Cruise Holdings I, LLC, PDS Funding 2004-A, LLC and Silver State. Charterer's failure to complete the alterations for any reason, including impossibility of performance, the failure of the shipyard to complete the work, costs overruns, or the failure to obtain certification for the altered Vessel, will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents excuse Charterer from its obligation hereunder including its obligation to the making pay monthly Charter Hire as set forth in Article 3 and this Charter will continue in full force and effect regardless of any such alterations, additions or improvements by Tenantfailure hereunder.
B. From time to time after delivery of the Vessel into the Charterer's service, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to Charterer may make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations structural and other requirements. All alterationsalterations to the Vessel, additionsits machinery, improvements or electrical equipment, only with Owner's prior written approval, which shall not be unreasonably withheld, provided the alterations to the Vessel 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 its equipment are returned to their original condition by the date of termination of this lease state at 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 Charter and Redelivery of the Vessel to Owner. Owner, however, has the option to retain any alterations made by Charterer at a mutually agreed price. In addition, leased equipment may be placed on board the Vessel by the Charterer. At the time of Redelivery, the Owner has the right at Owner's expense to continue any equipment lease should such lease permit or may require the Charterer to have any or all of such leased equipment removed. As to equipment otherwise placed aboard the Vessel by the Charterer, Charterer shall have the right to remove same upon Redelivery, provided that if Tenant so electsOwner desires to retain the equipment on board the Vessel, it may purchase the equipment at a price to be agreed upon at the time of Redelivery. Any additions or alterations permitted by this Article are subject to approval by the Vessel's classification society, and, if required, the U. S. Coast Guard. Notwithstanding anything to the contrary contained in this Charter, Charterer shall not have the right to remove any gaming equipment other than in accordance with that certain Master Lease (Palm Beach Princess and Empress II Gaming Equipment), of even date herewith, between Owner, as Lessor, and Charterer, as Lessee, without the prior written approval of Owner.
C. Charterer shall have the right to paint its own house colors thereon at Charterer's expense and on its time, provided Charterer changes the colors and markings back prior to Redelivery at its expense. Charterer shall have the right to rename the Vessel, and shall be removed by pay for all associated costs therefor. Prior to Redelivery, Charterer shall rename the date of termination of this lease or upon earlier vacating Vessel at its expense in accordance with Owner's reasonable instructions. However, Owner shall in no event have the right to the use of the premises if required by Landlord; Charterer's trademark following Redelivery.
D. The Vessel shall be kept painted and metal surfaces preserved at all times, and the Charterer shall maintain the Vessel in as good a condition as when delivered to Charterer from the shipyard upon any such removal Tenant shall restore completion of the premises to their original condition with consideration for alterations set forth in Exhibit C hereto, normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisestear excepted.
Appears in 1 contract
Samples: Bareboat Charter and Option to Purchase (International Thoroughbred Breeders Inc)
Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, but not limited towithout limitation, the roof and wall penetrations) without the prior written consent of Landlord. Such If Landlord shall, consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable governmental laws, ordinances . ordinances. rules and regulations, regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same same, or, at Landlord's option and all subcontractors must first discretion, the alterations, additions or improvements shall be approved in writing made by LandlordLandlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building Building or improvements Development and without overloading the floor or damaging such building Building or improvementsDevelopment, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if 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 Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities quality of the building and other improvements situated on the premisesBuilding.
Appears in 1 contract
Alterations. Tenant shall not make any All alterations, additions or improvements to the premises (includingand improvements, but not limited toexcept trade fixtures, roof and wall penetrations) without the prior written consent installed at expense of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall remain upon and be delivered up to the Landlord surrendered with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to leased premises us a part thereof on the termination of this lease if Tenant so electslease. Such alterations, additions, and improvements may only be made with the prior written consent of Landlord which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting landlord from liability for injury to any person and damage to any personal property, on or off leased premises, in connection with the making of such improvements or alterations. No cooling tower, equipment or structure of any kind shall be placed on the roof or elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made, Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon termination or thus lease, Tenant shall remove or cause to be removed from the roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall promptly repair at its expense any damages resulting from such removal. At the date of termination of this lease lease, Tenant shall deliver the leased premises in good order and condition, natural deterioration only excepted. Any damage caused by the installation or upon earlier vacating removal of trade fixtures shall be repaired at Tenant's expense prior to the expiration of the premises if required lease term. All alterations, improvements, additions, and repairs made by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear be made in good and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesmanner.
Appears in 1 contract
Samples: Commercial Lease (Decorize Inc)
Alterations. (a) Tenant shall not make any alterations, additions or improvements to the premises Premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering so long as such work is non-structural in nature, does not affect the basic character roof or any area outside of the building Premises, does not materially affect the electrical, plumbing, HVAC or improvements and without overloading mechanical systems in the Building or damaging such building servicing the Premises, or the sprinkler or other life safety system, does not overload or damage the Building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease Lease Term and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises Premises to their original condition by the date of termination of this lease Expiration Date or upon earlier vacating of the premisesPremises by Tenant at Tenant’s sole cost and expense; provided, however, that if Landlord so elects prior to termination of this lease the Expiration Date or upon earlier vacating of the premisesPremises, all 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 premisesPremises. All non-permanently affixed racks, shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Expiration Date if Tenant so elects, and shall be removed by the date of termination of this lease Expiration Date or upon earlier vacating of the premises Premises if required by Landlord; upon . Upon any such removal removal, Tenant shall restore the premises Premises to their original condition with consideration for normal condition, reasonable wear and teartear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building Building and other improvements situated within the Premises. With regard to Tenant’s Work and to any alterations, additions or improvements made by Tenant to the Premises for which Landlord consent is required pursuant to Section 8(a), Tenant shall: (i) establish a construction disbursement account or record a surety bond; (ii) record a notice of posted security; and (iii) timely comply with all other requirements of Nevada Revised Statutes (“NRS”) Chapter 108, including, without limitation, NRS Chapter 108.2403 and NRS 108.2407, and for the providing of security, the noticing of posted security, and all other requirements of NRS Chapter 108 or its successor statutes as such statutes apply to Tenant’s Work or to alterations, additions or improvements for which Landlord consent is required pursuant to Section 8(a). In that regard, prior to the commencement of Tenant’s Work or any alterations, additions or improvements for which Landlord consent is required pursuant to Section 8(a), Tenant shall furnish Landlord with evidence, reasonably acceptable to Landlord, that (x) the accounts or bonding required by NRS Chapter 108 are in place and established, and (y) Landlord shall be notified by the bonding agent/account officer, in writing, thirty (30) days prior to cancellation, material change, or nonrenewal of such account/bonding. Landlord may, from time to time, prepare, record and deliver, as required by NRS 108.234, notices of non-responsibility that Landlord deems necessary or appropriate in connection with Tenant’s Work or any alterations, additions or improvements to the Premises by or on behalf of Tenant; and Tenant shall promptly provide Landlord such documents and instruments requested by Landlord in connection with the premisessame. Tenant agrees that this Section 8(b) serves as the notice to Tenant required under NRS 108.234(3)(e).
Appears in 1 contract
Samples: Lease Agreement (Leatt Corp)
Alterations. Tenant After Lessee's initial occupancy of the Demised Premises and installation of Lessee's approved pre-occupancy tenant work, Lessee shall not make any no alterations, installations, additions or improvements (herein collectively called Alterations) in or to the premises (includingDemised Premises or the Building without Lessor's prior written consent. Consent by Lessor to Lessee's Alterations shall not be unreasonably withheld, but not limited toexcept that Lessor may withhold its consent for any reason with regard to requested Alterations by Lessee which affect the structure of the Building or the mechanical, roof plumbing or electrical systems of the Building. Lessee, at its sole cost and wall penetrations) expense, must provide Lessor with a copy of the original or revised full floor mechanical and electrical plans for the floor or floors on which the Alterations are to be made, revised by the Building architect and engineers to show Lessee's proposed Alterations. If any such Alterations are made without the prior written consent of LandlordLessor, Lessor may correct or remove the same, and Lessee shall be liable for any and all expenses incurred by Lessor in the performance of this work. Such consent All Alterations shall be made at Lessee' s sole expense, at such times and in such manner as Lessor may designate, and only by such contractors or mechanics as are approved in writing by Lessor. Approval of contractors or mechanics by Lessor, which approval will not be denied provided unreasonably withheld, shall be based upon the improvements are building standard office/warehouse finishescontractors or mechanics being properly licensed, their financial posture, experience and past job performance. Lessor, at the expiration or earlier termination of the term of the Lease, may elect to require Lessee to remove all or any part the Alterations made by Lessee subsequent to the Commencement Date, unless Lessor agrees in writing not to require the removal of any Alterations at the time Lessor consents to the Alterations. Removal of Lessee's Alterations shall be at Lessee's cost and expense and Lessee shall, at its cost and expense, repair any damage to the Demised Premises or the Building caused by such removal. Lessee shall remove, at its sole expense, all of Lessee's property, including Lessee's bank vault, at the expiration or earlier termination of the Lease. In the event Landlord consents to Lessee does not remove Lessee's property at the making of any such alterations, additions expiration or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character earlier termination of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premisesLease, such alterations, additions, improvements and partitions property shall become the property of Landlord as of Lessor. In the date of termination of this lease event Lessee fails to remove its property or upon earlier vacating of the premises and shall be delivered up Alterations requested to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior Lessor on or before the expiration, or earlier termination, of the term of the Lease, then and in such event, Lessor may remove Lessee's property and Alterations from the Demised Premises at Lessee's expense and Lessee hereby agrees to reimburse Lessor, as additional rent, for the termination cost of this lease if Tenant so elects, such removal together with any and all damages which Lessor may suffer and sustain by reason of the failure of Lessee to remove the same. Said amount of additional rent and the cost of Lessor's damages shall be removed due and payable upon receipt by the date Lessee of termination a written statement 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisescosts from Lessor.
Appears in 1 contract
Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; providedand Tenant shall, unless however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed 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 with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premises.
Appears in 1 contract
Alterations. A. Tenant shall not make any alterations, improvements or additions or improvements to the premises Leased Premises (includingcollectively "ALTERATIONS") which may affect the structure of the Building or the Building's heating, but not limited toventilation, roof and wall penetrations) without air conditioning, mechanical, electrical, plumbing or life safety systems (the "BUILDING SYSTEMS"). Any other Alterations shall be subject to the prior written consent of Landlord. Such The term "Alterations" does not include those improvements described in the Tenant Improvement Work Letter attached to this Lease as Exhibit C, which improvements are governed by the terms of Exhibit C.
B. If Landlord consents (which consent will shall not be denied provided unreasonably withheld or delayed) to any Alterations, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with (i) insurance against liabilities which may arise out of the improvements are building standard office/warehouse finishesAlterations and (ii) copies of plans and specifications and all permits necessary for the Alterations. Any Alterations shall be done at Tenant's expense by employees of or contractors hired by Landlord, except to the extent Landlord gives its prior written consent to Tenant's hiring its own contractors. In all events, Tenant shall use Landlord's contractors for Alterations to and Alterations affecting any Building Systems. Tenant shall promptly pay to Landlord or Tenant's contractors, as the event case may be, when due, the cost of all such Alterations. Upon completion of the Alterations, Tenant shall deliver to Landlord, if payment is made by Tenant directly to contractors, evidence of payment, all contractors' and subcontractors' affidavits, full and final waivers of all liens for labor, services or materials and such other supplemental documentation as Landlord consents may reasonably require, all in form and substance satisfactory to Landlord. Tenant shall defend and hold Landlord and the Property harmless from, and shall pay, all liabilities, claims, judgments, costs, damages, liens and expenses related to the Alterations. All repairs and Alterations done by Tenant or its contractors pursuant to Paragraphs 8 or 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, ordinances, rules, regulations and orders of all courts and other tribunals, governmental and quasi- governmental departments and agencies.
C. All Alterations and any other improvements to the Leased Premises, pursuant to Exhibit C or otherwise, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord's property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord requests their removal (in which case Tenant shall remove the same in the same manner and time as is provided in Paragraph 17 with respect to Tenant's property) be relinquished to Landlord in good condition, order and repair, ordinary wear and tear excepted. At such time as Tenant requests Landlord's consent to make Alterations to the Leased Premises, Tenant may also request Landlord's consent to leave such Alterations at the termination of this Lease, by lapse of time or otherwise. Landlord's consent or refusal to consent shall be given at the same time as (but shall be an independent determination from) Landlord's consent to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulationsAlterations. Such Alterations to which Landlord has given its consent to leave pursuant to this Paragraph 9.B, and all requirements of Landlord's which are in good working order and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make condition at the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character end 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 Lease (hereinafter called "APPROVED ALTERATIONS") may 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 left 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 at the termination of this lease Lease. Landlord may also grant, at the time Tenant requests consent to make Alterations, the right to remove such Alterations to the Leased Premises which were paid for by Tenant 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 (i) such removal in Landlord's reasonable judgment shall not damage the Leased Premises or the Building; (ii) Tenant shall restore pay the premises to their original condition with consideration for normal wear cost of any damage caused in the removal; and tear. All such removals (iii) Tenant indemnifies and restoration shall be accomplished in a good workmanlike manner so as not to holds Landlord harmless from and against any loss, cost or damage arising from the primary structure or structural qualities of the building and other improvements situated on the premisesremoval.
Appears in 1 contract
Samples: Lease Agreement (Privatebancorp Inc)
Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. 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 machinery, and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premises.
Appears in 1 contract
Samples: Lease Agreement (Tekgraf Inc)
Alterations. Tenant The Lessee shall not make any alterations, alterations in or additions or improvements to the premises (including, but not limited to, roof and wall penetrations) without the prior Lessor's advance written consent of Landlordin each and every instance. Such The Lessor's decision to refuse such consent will not shall be denied provided conclusive. If the improvements are building standard office/warehouse finishes. In the event Landlord Lessor consents to such alterations or additions before commencement of the making work or delivery of any such alterations, additions materials onto the premises or improvements by Tenantinto the Building, the same Lessee shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance furnish the Lessor with plans and specifications approved by Landlord; specifications, names and addresses of contractors, copies of contracts, necessary permits and indemnification in form and amount satisfactory to Lessor and waivers of lien against any contractor or person selected by Tenant to make the same and all subcontractors must first claims, costs, ALANORTH, L.L.C. OFFICE LEASE 1 damages, liabilities and expenses which may arise in connection with the alterations or additions. All additions and alterations shall be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and installed in a good good, workmanlike manner erect and only new, high-grade materials shall be used. Whether the Lessee furnishes the Lessor the foregoing or not, the Lessee hereby agrees to hold the Lessor 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 or additions. Before commencing any work in connection with alterations or additions, the Lessee shall furnish the Lessor with certificates of insurance from all contractors performing labor or furnishing materials insuring the Lessor against any and all liabilities which may arise out of or be connected in any way with said additions or alterations. The Lessee shall pay the cost of all such shelvesalterations and additions and also the cost of decorating the premises occasioned by such alterations and additions. Upon completing any alterations or additions, binsthe Lessee shall furnish the Lessor with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations and additions shall comply with all insurance requirements and with all ordinances and regulations of any department or agency thereof and with the requirements of all statutes and regulations of the State of Illinois or of any department or agency thereof. The Lessee shall permit the Lessor to supervise construction operations in connection with alterations or additions if the Lessor requests to do so. All additions, machinery and hardware, non-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 all improvements, and temporary or permanent, in each case complying with all applicable governmental lawsor upon the premises, ordinanceswhether placed there by the Lessee or by the Lessor, 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 providedthe Lessor requests their removal, remove all alterations, additions, improvements become the Lessor's property and partitions erected by Tenant and restore shall remain upon 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 at the termination of this lease if Tenant by lapse of time or otherwise without compensation or allowance or credit to the Lessee. If, upon the Lessor's request, the Lessee does not remove said additions, hardware, non-trade fixtures and improvements, the Lessor may remove the same and the Lessee shall pay the cost of such removal to the Lessor upon demand. The Lessee shall remove the Lessee's furniture, machinery, safe or safes, trade fixtures and other items of personal property of every kind and description from the premises prior to the end of the term, however ended. If not so electsremoved, the Lessor may request their removal, and if the Lessee does not remove them, the Lessor may do so and the Lessee shall pay the cost of such removal to the Lessor upon demand. If the Lessor does not request their removal, all such items shall be removed conclusively presumed to have been conveyed by the date of termination of Lessee to the Lessor under this lease as a xxxx of sale without further payment or upon earlier vacating of credit by the premises if required by Landlord; upon any such removal Tenant shall restore Lessor to the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesLessee.
Appears in 1 contract
Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character or structure of the building Premises or improvements and without overloading or damaging such building the Premises or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All Tenant shall not make any alterations, additions or improvements to the Premises which will contravene 11 Landlord's policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general public liability, or which will prevent Landlord from securing such policies in companies acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof, Tenant shall pay as additional rent the amount of any such increase promptly upon demand by Landlord. Any and all alterations, additions, improvements improvements, partitions and partitions fixtures erected by Tenant shall be and remain the property of Tenant during Landlord and shall remain at 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 Premises upon termination of this lease the 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 premisesPremises. 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 Lease provided such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall may be accomplished in a good workmanlike manner so as not without damage to damage the Premises or to the primary structure or structural qualities of the building buildings and other improvements situated on the premisesPremises. Tenant shall repair any damage to the Premises, or the Building as a result of any alteration, or repair by Tenant, its employees, agents, invitees, or contractors to the Premises.
Appears in 1 contract
Samples: Lease Agreement (Tekelec)
Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the demised premises (including, but not limited to, roof and wall penetrations) of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents , and to the making provisions of any such this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises by using Contractors or mechanics first approved by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be made removed from the premises by Tenant, Tenant prior to the expiration of the lease at Tenant's sole cost expense. Nothing in this article shall he construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant repair and restore the premises to their original the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the date of termination of this lease or upon earlier vacating end of the premises; providedterm remaining in the premises after Tenant's removal shall be deemed abandoned and may, howeverat the election of Landlord, that if either be retained as Landlord's property or may be removed from the premises by Landlord so elects prior to termination of this lease or upon earlier vacating of the premisesat Tenant's expense. Tenant shall, such before making any alterations, additions, improvements installations or improvements, at its expense, obtain all permits, approvals and partitions shall become the property certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of Landlord as of the date of termination of this lease or upon earlier vacating of the premises final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such wxxxxxx'x compensation, general liability, personal and property damage insurance as Landlord 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 delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed discharged by Tenant may be removed by Tenant prior to within ten days thereafter, at Tenant's expense, by, filing 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 bond required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premiseslaw.
Appears in 1 contract
Alterations. Except as provided herein, Tenant shall not make alterations and additions to Tenant's Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. However, Landlord's determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible from outside of the Premises shall be in Landlord's sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord's opinion would reasonably be expected to adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or materially increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance reasonably acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent in any material respect, in Landlord's reasonable judgment, with alterations satisfying Landlord's then applicable standards for new alterations which are uniformly applied to all tenants of the Building. Landlord's review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant's insurance obligations (herein called "Insurance Requirements") nor deemed a waiver of Tenant's obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord's agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord's interest in the Complex in connection with any such work. Within thirty (30) days after receipt of an invoice from Landlord (together with reasonable supporting back up documentation), Tenant shall pay to Landlord as a fee for Landlord's review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour for time spent by senior staff, and $100 per hour for time spent by junior staff (not to exceed $1,500 in the aggregate with respect to a proposed alteration or addition provided the proposed alteration or addition will not impact Building structure or base building systems), plus (ii) reasonable third party expenses paid by Landlord to review Tenant's plans and Tenant's work. Except for any additions or alterations which Tenant requests to remain in the Premises in Tenant's notice seeking Landlord's consent for the installation thereof (which notice shall specifically refer to this Section 5.12) and for which Landlord specifically agrees in writing may remain, all alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant's alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or unreasonably interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by contractors or workers first approved by Landlord, such approval not to be unreasonably withheld, delayed or conditioned. Nothing herein shall be construed to permit Landlord to require Tenant to use union labor for any alterations or improvements. Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them, and to the extent the proposed alterations or improvements are of such a magnitude that a bond or other security would customarily be required, security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. With respect to alterations or improvements that are of a nature such that as-built plans would customarily be prepared, Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant's computer, telephone and other communications systems is installed by Tenant or Tenant's contractor. Without limiting any of Tenant's obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to comply with Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to provide such reasonable rules and regulations relative to the performance of any alterations, additions, improvements and installations hereunder (which shall be applied in a non discriminatory manner) and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of any incremental real estate taxes on the Complex which shall, at any time after commencement of the Term, be demonstrated to directly and solely result from any alteration, addition or improvement to the Premises made by Tenant. Tenant acknowledges and agrees that Landlord shall be the owner of any additions, alterations and improvements in the Premises or the Building to the extent paid for by Landlord. Notwithstanding the terms of this Section 5.12, Tenant shall have the right, without obtaining the prior consent of Landlord, but upon notice to Landlord given ten (10) days prior to the commencement of any work (which notice shall specify the nature of the work in reasonable detail), to make alterations, additions or improvements to the premises Premises where:
(includinga) the same are within the interior of the Premises within the Building, but and do not limited toaffect the exterior of the Premises and the Building (including no signs on windows);
(b) the same do not affect the roof or any structural element of the Building, roof or adversely affect the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and wall penetrationsfire protection systems of the Building; and
(c) without with the prior written consent exception of Landlord. Such consent will installation or replacement of cabinetry, painting and carpeting (which shall not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents subject to the making dollar limits set forth in this subsection (c)), the cost of any such individual alteration, addition or improvement shall not exceed $75,000.00 and the aggregate cost of said alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term Lease Term shall not exceed $450,000.00 in cost to each floor of the Premises; and
(d) Tenant shall comply with the provisions of this lease Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements shall pay for any such increase in cost to the extent demonstrated to be directly 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 premisessolely resulting from such work; provided, however, that if Tenant shall, within thirty (30) days after the making of such changes, send to Landlord so elects prior plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice 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 given at least thirty (30) days prior to the expiration or earlier termination of this lease if the Lease Term, may require Tenant so elects, to restore the Premises to its condition prior to construction of such improvements (reasonable wear and shall be removed by tear excepted) at the date of expiration or earlier termination of the Lease Term. To the extent Tenant delivers such plans and specifications and clearly requests in writing the additions or alterations shown thereon which Tenant desires to remain in the Premises (which notice shall specifically refer to this lease Section 5.12) at the expiration or upon earlier vacating termination of the premises if required by Landlord; upon any Lease Term, Landlord agrees to notify Tenant within thirty (30) days thereafter of which of such removal Tenant shall restore items may remain at the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure expiration or structural qualities earlier termination of the building and other improvements situated on the premisesLease Term.
Appears in 1 contract
Samples: Lease Agreement (Care.com Inc)
Alterations. Tenant shall agrees that Tenant will not make any alterations, additions or improvements to the premises Premises (including, but not limited towithout limitation, the roof and wall penetrations) without the prior written consent of Landlord. Such , which consent will not be denied provided the improvements are building standard office/warehouse finishesunreasonably withheld. In the event If Landlord consents shall consent to the making of any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable governmental laws, ordinances ordinances, rules and regulations, regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same same, or, at Landlord's option and all subcontractors must first discretion, the alterations, additions or improvements shall be approved in writing made by LandlordLandlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its Tenant's own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it Tenant may deem advisable, without altering the basic character of the building Building or improvements Development and without overloading the floor or damaging such building the Building or improvementsDevelopment, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if 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 Lease if Tenant so electselect, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall agrees to restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities quality of the building and other improvements situated on the premisesBuilding.
Appears in 1 contract
Alterations. Tenant shall make no alterations or changes, structural or otherwise, except for non-structural alterations which are cosmetic in nature (i.e., consisting of painting and carpeting) to any part of the Premises, either exterior or interior, without Landlord's written consent (such consent not make to be unreasonably delayed, withheld in the case of Landlord's improvements made in accordance with Article 26 below). In the event of any alterationssuch approved changes, additions Tenant shall have all work done at its own expense. Request for such consent shall be accompanied by plans stating in detail precisely what is to be done. Tenant shall comply with the building codes, regulations and laws now or improvements hereafter to be made or enforced in the premises municipality, county and/or state, which pertain to such work. Any additions, improvements, alterations and/or installations made by Tenant (includingexcept only office furniture, business and trade fixtures or any equipment including but not limited to, roof Network Operations Equipment (as defined in Paragraph 12) and wall penetrationsrelated communication and equipment and wiring) without shall become and remain a part of the prior written consent Building and be and remain Landlord's property upon the termination of Tenant's occupancy of said Premises, unless Landlord shall advise Tenant at the time of Landlord's consent to any such addition or alteration, that such addition or alteration, etc. Such consent will be required to be removed by Tenant upon the expiration or termination of this Lease, Tenant shall not be denied provided the improvements are building standard office/warehouse finishesrequired to remove any such alteration or addition. In the event Tenant shall save Landlord consents harmless from and against all expenses, liens, claims or damages to either property or person which may or might arise by reason of the making of any such alterationsadditions, additions improvements, alterations and/or installations. Landlord reserves the right to change, increase or improvements by Tenantreduce, from time to time, the same shall be made by Tenantnumber, at Tenant's sole cost and expensecomposition, dimensions or location of any parking areas, signs, the Building name, service areas, walkways, roadways or other common areas or make alterations or additions to the Building, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; sole discretion provided, however, that if such changes (i) materially and adversely affect Tenant's use of the Premises, or the parking or common areas, or (ii) materially reduce the Building's level of common area finishes and services, Landlord so elects shall not make such changes without Tenant's prior to termination approval, which shall not be unreasonably withheld, conditioned or delayed. Landlord's approval of Tenant's plans and specifications under this Article 9 or any other provisions of this lease Lease is solely for the purpose of ascertaining whether Tenant's proposed alterations will have an adverse impact on the structural components or upon earlier vacating Common Facilities of the premises, such alterations, additions, improvements Building and partitions shall become to insure the property of Landlord as aesthetic and architectural harmony of the date of termination of this lease or upon earlier vacating Tenant's proposed alterations with the remainder of the premises and Building. No approval of plans by Landlord shall be delivered up deemed to be a representation or warranty by Landlord that such plans or the Landlord work provided for therein will comply with applicable codes, laws or regulations or be in conformance with any insurance or other requirements which affect the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to Premises or the termination of this lease if Tenant so electsBuilding, 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 have the premises to their original condition sole responsibility of complying with consideration for normal wear and tear. All all such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities requirements notwithstanding Landlord's approval of the building and other improvements situated on the premisesTenant's plans.
Appears in 1 contract
Alterations. Tenant shall in no event make or permit to be made any alteration, modification, substitution or other change of any nature to the mechanical, electrical, plumbing, HVAC , and sprinkler systems within or serving the Premises. After completion of Tenant's Improvements within the Premises, Tenant shall not make or permit any other improvements, alterations, additions fixed decorations, substitutions or improvements modifications, structural or otherwise, to the premises Premises or the Building (including, but not limited to, roof and wall penetrations"Alterations") without the prior written approval of Landlord. Landlord's approval shall include the conditions under which acceptable Alterations may be made. Alterations shall include, but not be limited to, the installation or modification of carpeting, walls, partitions, counters, doors, shelves, lighting fixtures, hardware, locks, ceiling,
1. All Alterations shall be based on complete plans and specifications prepared and submitted by Tenant to Landlord for approval, except in the instance of cosmetic changes, such as painting and carpeting, in which case Tenant shall provide Landlord with samples showing colors, styles, etc. Landlord shall have the right at its option, to make any Alterations on behalf of Tenant, and the cost of any such Alterations, together with Landlord's standard construction management fee, shall be payable by Tenant as Additional Rent within thirty (30) days after receipt of an invoice for same from Landlord. Tenant shall be responsible for the cost of any additional improvements within the Premises or the Common Area required by The Americans with Disabilities Act of 1990 as a result of Tenant's Alterations. If Tenant makes any Alterations without the prior consent of Landlord, then, in addition to Landlord's other remedies, Landlord may correct or remove such Alterations and Tenant shall pay the cost thereof, as Additional Rent, on demand. Such consent will not be denied provided In making any permitted Alterations as well as in its use of the Premises, Tenant shall, at its sole expense, fully comply with all applicable federal, state and local laws, ordinances, and regulations, including the acquisition of permits and the payment of fees, as well as any requirements imposed by Landlord's insurer. Tenant shall save Landlord harmless for and on account of all charges or damages if it shall fail to comply. To the extent that any additional improvements are building standard office/warehouse finishes. In the event Landlord consents required by law to be made to the making Building as a result of any Tenant's Alterations, all such alterations, additions or improvements by Tenant, the same shall be made by Tenant, Tenant at Tenant's its sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with shall conform to plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesaforesaid.
Appears in 1 contract
Samples: Maryland Multi Tenant Industrial Lease (Inphonic Inc)
Alterations. After construction of the Building by Landlord and completion of fixtures and interior improvements by Tenant, Tenant shall not make alterations in or additions to the Building unless Tenant has obtained Landlord's written permission to do so, and subject to Tenant's not being in default hereunder and subject to furnishing Landlord with acceptable plans and specifications, the names and addresses of contractors, copies of contracts, necessary permits and indemnifications as requested by the Landlord and lien waivers as to any alterationsand all claims, costs, liabilities, and expenses which may arise in connection with said alterations or additions. As a further condition to Landlord's consent to said alterations or additions, Tenant shall advise all subcontractors, suppliers, materialmen, and laborers that they shall not have the right to file a Mechanic's Lien against the Building and property owned by the Landlord. Whether the Tenant furnished the Landlord the foregoing or not, the Tenant hereby agrees to hold the Landlord harmless from any and all liabilities of every kind and description which may arise out of or be conducted in any way with said alterations or additions. Before commencing any work in connection with alterations or additions, the Tenant, if requested by Landlord, shall furnish the Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring the Landlord against any and all liabilities which may arise out of or be connected in any way with said additions or improvements to alterations. The Tenant shall pay the premises (includingcost of all such alterations and additions and also the cost of decorating the Premises occasioned by such alterations and additions. Upon completing any alterations or additions, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, if requested by Landlord, shall furnish the same Landlord with contractors' affidavits and full and final waiver of lien and receipted bills covering all labor and material expended and used. All alterations and additions shall be made by Tenant, at Tenant's sole cost and expense, in accordance comply with all applicable laws, ordinances insurance requirements and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental relevant laws, ordinances, or regulations of municipalities, counties, state, and other requirementsgovernmental units or departments and agencies thereof. All alterations, alterations and additions shall be constructed in a good and workmanlike manner and only good grades of materials shall be used. All additions, improvements excepting removable fixtures other than light fixtures, shall become the Landlord's property and partitions erected shall remain upon the Premises at the termination of this Lease by lapse of time or otherwise without compensation or allowance or credit to the Tenant. If the Tenant does not remove the Tenant's fixed furniture, equipment, machinery, fixtures, and all other items of personal property of every kind and description from the Premises prior to the end of the term, however ended, which the Tenant does not have the right to remove if it is in default hereunder, then Tenant shall conclusively presumed to have conveyed the same to the Landlord under this Lease as a bill xx sale without further payment or credit by Landlord to the Tenant. All structural changes made 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 restored to their original condition by at the date of termination of this lease or upon earlier vacating of the premises; provided, however, that Tenant's expense if Landlord so elects prior to termination requests. Tenant's violation of any of the terms and conditions of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions numbered paragraph 13 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in constitute a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesdefault hereunder.
Appears in 1 contract
Samples: Lease Agreement (Urosurge Inc)
Alterations. After construction of the Building by Landlord and completion of fixtures and interior improvements by Tenant, Tenant shall not make alterations in or additions to the Building unless Tenant has obtained Landlord's written permission to do so, and subject to Tenant's not being in default hereunder and subject to furnishing Landlord with acceptable plans and specifications, the names and addresses of contractors, copies of contracts, necessary permits and indemnifications as requested by the Landlord and lien waivers as to any alterationsand all claims, costs, liabilities, and expenses which may arise in connection with said alterations or additions. As a further condition to Landlord's consent to said alterations or additions, Tenant shall advise all subcontractors, suppliers, materialmen, and laborers that they shall not have the right to file a Mechanic's Lien against the Building and property owned by the Landlord. Whether the Tenant furnished the Landlord the foregoing or not, the Tenant hereby agrees to hold the Landlord harmless from any and all liabilities of every kind and description which may arise out of or be conducted in any way with said alterations or additions. Before commencing any work in connection with alterations or additions, the Tenant, if requested by Landlord, shall furnish the Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring the Landlord against any and all liabilities which may arise out of or be connected in any way with said additions or improvements to alterations. The Tenant shall pay the premises (includingcost of all such alterations and additions and also the cost of decorating the Building occasioned by such alterations and additions. Upon completing any alterations or additions, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, if requested by Landlord, shall furnish the same Landlord with contractors' affidavits and full and final waiver of lien and receipted bills covering all labor and material expended and used. All alterations and additions shall be made by Tenant, at Tenant's sole cost and expense, in accordance comply with all applicable laws, ordinances insurance requirements and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental relevant laws, ordinances, or regulations of municipalities, counties, state, or departments and other requirementsagencies thereof. All alterations, alterations and additions shall be constructed in a good and workmanlike manner and only good grades of materials shall be used. All additions, improvements excepting removable fixtures other than light fixtures, shall become the Landlord's property and partitions erected shall remain upon the Building at the termination of this Lease by lapse of time or otherwise without compensation or allowance or credit to the Tenant. If the Tenant does not remove the Tenant's fixed furniture, equipment, machinery, fixtures, and all other items of personal property of every kind and description from the Building prior to the end of the term, however ended, which the Tenant does not have the right to remove if it is in default hereunder, then Tenant shall conclusively presumed to have conveyed the same to the Landlord under this Lease as a bill xx sale without further payment or credit by Landlord to the Tenant. All structural changes made 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 restored to their original condition by at the date of termination of this lease or upon earlier vacating of the premises; provided, however, that Tenant's expense if Landlord so elects prior to termination requests. Tenant's violation of any of the terms and conditions of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions numbered paragraph 13 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in constitute a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesdefault hereunder.
Appears in 1 contract
Samples: Three Party Agreement (Urosurge Inc)
Alterations. 8.01 (A) Tenant shall not make no decoration, alteration, addition or improvement in the Premises, without the prior written consent of Landlord, and then only by contractors or mechanics and in such manner and time, and with such materials, as reasonably approved by Landlord (notwithstanding the foregoing, however, Landlord’s prior negative experience with, concerns regarding the financial stability of, and any criminal proceedings pending against, any such contractor or mechanic shall be deemed to be a reasonable basis upon which for Landlord to refuse to grant its approval). All alterations, additions or improvements to the premises (includingPremises, but not limited toincluding air-conditioning equipment and duct work, roof except movable office furniture and wall penetrations) without trade equipment installed at the prior written consent expense of Tenant, shall, unless Landlord elects otherwise in writing, become the property of Landlord, and shall be surrendered with the Premises, at the expiration or sooner termination of the term of this Lease. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any Any such alterations, additions or and improvements which Landlord shall designate, shall be removed by Tenant and any damage repaired, at Tenant's expense, prior to the expiration of this Lease, unless written request has been made by Tenant at the time of Tenant’s request for Landlord’s approval of the installation of such item(s) by means of the following sentence in capital letters: TENANT REQUESTS THAT LANDLORD NOTIFY TENANT TOGETHER WITH LANDLORD’S CONSENT TO THE ENCLOSED TENANT'S PLANS WHETHER LANDLORD REQUIRES ANY ALTERATION SHOWN ON THE ENCLOSED PLANS TO BE REMOVED FROM THE PREMISES AT THE EXPIRATION OR SOONER TERMINATION OF THE TERM. IF LANDLORD SHALL FAIL TO RESPOND HERETO AT THE TIME OF LANDLORD’S CONSENT TO SUCH ALTERATION AND RESERVE SUCH RIGHT, THEN LANDLORD SHALL BE DEEMED TO HAVE WAIVED LANDLORD’S RIGHT TO REQUIRE SUCH ALTERATION TO BE REMOVED AT THE END OF THE TERM. Landlord elects by notice to Tenant in response thereto to relinquish Landlord's right thereto and to have them removed by Tenant, in which case, the same item(s) shall be made removed from the Premises by Tenant, and any resulting damage to the Premises or the Building repaired by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. 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 expiration of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesLease.
Appears in 1 contract
Samples: Lease Agreement (Fusion Telecommunications International Inc)
Alterations. Except for the Tenant shall Improvements and the repair or replacement of finishes in the Premises (i.e., paint, carpet, flooring, wallcoverings, countertops and similar items), Tenant will not make any alterations, additions structural or improvements non-structural Alterations to the premises (including, but not limited to, roof and wall penetrations) Premises without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premisesOwner’s consent; provided, however, that the placement of art, decorations, boards, screens, and other items customarily placed on walls in office buildings will not be deemed to be an alteration or modification so long as they can be removed without substantial irreparable damage to the walls. Owner may condition its consent on various matters, including Tenant agreeing to remove the Alterations and repair any resulting damage on Lease termination at Tenant’s cost, and if Landlord so elects such alterations require construction permits from local governmental permitting authorities, Tenant posting security for the estimated cost of the Alterations or Tenant posting performance bonds for the Alterations, and/or lien waivers, and Owner’s approval of the plans and specifications for the Alterations. All Alterations will be performed in a good and workmanlike manner, and in conformity with all Legal Requirements. Upon completion of any Alterations, Tenant will (a) if such alterations require construction permits from local governmental permitting authorities, provide Owner with “as built” plans and copies of all construction permits, contracts and approvals; and (b) provide Owner with proof of payment for all labor and materials. Owner agrees to execute affidavits of legal interest as necessary for Tenant to secure any permits or approvals for approved Alterations from any governmental authority having jurisdiction; provided, however, any fees, charges and expenses required in connection therewith must be borne solely by Tenant. Unless permitted under the Tenant Improvements or this Section 14, Tenant will not make any penetrations in the roof, walls, floor slab, foundations or exterior of the Building whatsoever without Owner’s prior consent. In no event shall Tenant be required to remove the Tenant Improvements (including any data or cabling installations installed as part of Tenant’s Work) or Alterations upon the expiration of earlier termination of this lease or upon earlier vacating of the premisesLease, 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 unless Owner requires such removal as part of any required consent to its installation. Owner also agrees that Tenant shall restore will not be obligated to remove any Tenant Improvements approved by Owner, unless Owner requires the premises removal obligation as a condition of Owner’s approval; provided, however, Owner agrees that Tenant will not be obligated to their original condition with consideration remove any Tenant Improvements that are ordinary or customary for normal wear general office and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisescall center uses.
Appears in 1 contract
Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the demised premises (including, but not limited to, roof and wall penetrations) of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents , and to the making provisions of any such this article, Tenant, at Tenant's expense, may make alterations, installations, additions or improvements which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises using contractors or mechanics first approved in each instance by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises 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. Nothing in this Article shall be construed to give Landlord title to or prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal or any such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be 2 The Commencement Date shall be the earlier to occur of (i) March 31, 2008, the scheduled expiration of a lease by and between Landlord and Digital Convergence Corporation, as Tenant, for the Demised Premises (hereinafter the "Digital Lease"), or (ii) in the event of the early termination of the Digital Lease, ten (10) business days following Landlord's written notice that the Digital Lease has terminated. Notwithstanding the foregoing sentence, the commencement of this Lease shall be subject to all the terms and conditions of that certain Guaranty and Compensation Agreement of even date herewith by and between Landlord, as Lessor and Tenant, as Guarantor. 3 retained as Landlord's property or removed from the premises by Landlord, at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, 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 an 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 as Landlord 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 made discharged by TenantTenant within ten days thereafter, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor payment or person selected by Tenant to make filing the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. 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 bond required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premiseslaw.
Appears in 1 contract
Alterations. Tenant shall not have the right to make any alterations, alterations or additions or improvements to the premises (includingPremises, but not limited toor construct additional improvements on the Premises, roof and wall penetrations) without subject to the prior written consent of Landlord. Such , which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Landlord's prior written consent will not be denied provided the improvements are building standard office/warehouse finishesnecessary for any alteration, addition, or improvement of a cosmetic and non-structural nature. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same All work shall be made by Tenantwith due diligence, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good and workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying compliance with all applicable governmental laws, ordinances, regulations orders, rules, regulations, certificates of occupancy, or other governmental requirements, and other requirementsprovided Tenant shall provide Landlord with thirty (30) days advance notice before commencing such work, excepting the cosmetic work. Title to all improvements constructed or installed by Tenant shall be and remain vested in Tenant during the term of this Lease. All alterations, additions, improvements fixtures, and partitions erected improvements, whether temporary or permanent in character, made to the Premises by Tenant shall be and remain Xxxxxx, will immediately vest in Landlord at the property end of Tenant during the term Term of this lease Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore will remain on the premises Premises without compensation 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 Tenant. Notwithstanding anything to the Landlord with the premises. All contrary in this section, all equipment, shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal removal, Tenant shall restore repair the premises to their original condition with consideration for normal wear portion of the Premises from which such equipment, shelves, bins, machinery or trade fixtures were removed. Upon Lease expiration, Tenant shall, upon Landlord's request, remove its cabling from the Premises and tearthe Building. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building Buildings and other improvements situated on the premisesPremises.
Appears in 1 contract
Samples: Office Lease Agreement
Alterations. Section 1. Tenant shall not make or cause to be made any alterations, additions or improvements improvement to the leased premises (including, but not limited to, roof and wall penetrations) without the prior written consent approval of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Tenant shall present to Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make for such work at the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirementstime approval is sought.
Section 2. All alterations, additionsdecorations, additions and improvements and partitions erected made by Tenant shall be deemed to have attached to the leasehold 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 have become the property of Landlord as of the date of termination upon such attachment; upon expiration of this lease Lease or upon earlier vacating any renewal term thereof, Tenant shall not remove any of the premises such alterations, decorations, additions and shall be delivered up to the Landlord with the premises. All shelvesimprovements, bins, machinery and except that trade fixtures installed by Tenant may be removed removed, if all rents and other charges due herein are paid in full and Tenant is not otherwise in default hereunder; provided, however, that Landlord may designate by written notice to Tenant prior to the termination of this lease if Tenant so elects, those alterations and additions which shall be removed by Tenant at the expiration or termination of the Lease and Tenant shall promptly remove the same and repair any damages to the leased premises caused by such removal or shall reimburse Landlord for the cost of repairing such damage.
Section 3. Landlord acknowledges that Tenant intends to construct a clean room in the high bay area of the leased premises and related items approved by Landlord. In the event Tenant elects to proceed with the construction of the clean room on the leased premises, Tenant, at its sole cost and expense, shall design, construct, repair and restore the clean room in accordance with plans and specifications (as they may be amended by approved change orders, the "Tenant Plans") to be submitted to Landlord for its approval. The Tenant Plans shall set forth in detail the requirements for the construction of the clean room (the "Tenant Improvements") and shall include, but not be limited to, all necessary civil, architectural, structural, mechanical, electrical, design and documentation required for the Tenant Improvements and shall conform to all applicable laws, ordinances, building codes, and requirements of public authorities and insurance underwriters and shall be signed and sealed by a professional engineer and/or an architect, each licensed and registered in the state in which the leased premises are located and each maintaining errors and omissions insurance coverage in the amount of at least $500,000. Tenant agrees to design and construct the Tenant Improvements in accordance with the Tenant Plans in a good and workmanlike manner, and in conformity with the construction guidelines provided by Landlord. In addition, a list of all contractors shall be submitted to Landlord for Landlord's approval, which approval shall not be unreasonably withheld. The Tenant's Plans are expressly subject to Landlord's approval, such approval not to be unreasonably withheld or delayed. Landlord shall review the Tenant's Plans and give Tenant a response regarding its approval of the same within fifteen (15) days after receipt thereof. If Landlord shall be dissatisfied in any material respect with the Tenant's Plans, Tenant shall promptly modify the same to the reasonable satisfaction of Landlord. Landlord's approval of the Tenant Plans shall not constitute a representation, warranty or agreement of, and Landlord shall have no responsibility or liability for the completeness or design sufficiency thereof or the compliance thereof with any laws, rules or regulations of any governmental or other authority. Tenant agrees that all materials to be used by it in construction of the Tenant Improvements shall be of good quality and Tenant shall not impair the structure or the roof of the building in which the leased premises is located in connection therewith. Tenant agrees that it shall cause the clean room to be designed, constructed and completed in an orderly, clean and safe manner and that while the construction work is being performed, Tenant and its contractors shall provide builder's risk insurance coverage with Landlord as a named insured, which insurance coverage shall meet the criteria reasonable prescribed by Landlord. In the event that Tenant shall fail, for any cause, to complete the clean room on or before the Commencement Date, Landlord shall not be subject to any liability therefore nor shall such failure effect the validity of this Lease and Tenant's obligations hereunder, including Tenant's obligation to commence the term of the Lease and to pay rent and other sums due hereunder. Tenant will keep the leased premises free of liens of any sort and will hold Landlord harmless from any liens which may be placed on the leased premises. In the event a construction or other lien shall be filed against the leased premises or Tenant's interest therein as a result of any work undertaken by Tenant or its employees, agents, contractors or subcontractors, or as a result of any construction, repairs or alterations made by or any other act of Tenant or its employees, agents, contractors or subcontractors, Tenant shall, within twenty (20) days after receiving notice of such lien, discharge such lien either by payment of the indebtedness due the lien claimant or by filing a bond (as provided by statute) as security for the discharge of such lien provided such lien is not the result of Landlord's failure to release funds received as Improvement Rent. In the event Tenant shall fail to discharge such lien, Landlord shall after have the right to procure such discharge by filing such bond, and Tenant shall pay the cost of such bond to Landlord on demand as additional. Landlord may designate by written notice to Tenant that all or any portion of the clean room and any other alterations, additions, improvements and fixtures made by or for Tenant, shall be removed by Tenant at the expiration or termination of the Lease and Tenant shall promptly remove the same and restore and repair any damage to the leased premises caused by such removal.
Section 4. In the event Tenant receives a bona fide offer from a third party to construct the Tenant Improvements (the “Proposed Construction Agreement”) which Construction Agreement Tenant desires to accept, Tenant shall give Landlord written notice of the Proposed Construction Agreement, including a description of the terms and conditions contained therein, and Landlord shall have the first right to construct the Tenant Improvements upon the same terms and conditions as set forth in the Proposed Construction Agreement. Landlord's election must be made by delivery of written notice to Tenant within three (3) business days after receipt of notice of the Proposed Construction Agreement from Tenant, and upon such exercise, Landlord and Tenant shall have an additional ten (10) days in which to enter into a binding construction agreement upon the terms set forth in the Proposed Construction Agreement and otherwise acceptable to Landlord and Tenant. In the event Landlord rejects the Proposed Construction Agreement, fails to accept the Proposed Construction Agreement within the three (3) day period, or the construction agreement is not entered into between Landlord and Tenant within the said ten (10) day period, Tenant shall have the right to enter into the Proposed Construction Agreement, and upon entering into the Proposed Construction Agreement, Tenant's first right to construct the Tenant Improvements as provided herein shall expire. Notwithstanding anything in this Article VII, Section 4 to the contrary, in the event that Tenant provides written notice to Landlord within sixty (60) days from the date of termination this Lease that it will use and does use pre-designed, pre-engineered modular clean rooms tested and certified to Federal Standards (FS 209E), Institute of Environmental Sciences (IES) Recommended Procedures, and ISO/FDIS (Clean Rooms and Associated Controlled Environment Standards), the option granted to Landlord in this 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 with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as Article VII, Section 4 will not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesapply.
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