Common use of Alterations Clause in Contracts

Alterations. Sublessee shall at its own expense, make, or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayed.

Appears in 3 contracts

Sources: Aircraft Sublease Agreement (Frontier Airlines Inc /Co/), Aircraft Sublease Agreement (Frontier Airlines Inc /Co/), Aircraft Sublease Agreement (Frontier Airlines Inc /Co/)

Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in good workmanlike manner erect such shelves, makebins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or procure Development and without overloading the making offloor or damaging such Building or Development, such alterations and modifications in each case after complying with all applicable governmental laws, ordinances, regulations and additions other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageLease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this Lease or upon earlier vacating of the Airframe or Premises if required by Landlord; upon any such Engineremoval Tenant shall restore the Premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in a good and workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural quality of the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedBuilding.

Appears in 3 contracts

Sources: Lease Agreement (Daleen Technologies Inc), Lease Agreement (Daleen Technologies Inc), Lease Agreement (Daleen Technologies Inc)

Alterations. Sublessee Tenant shall at its own expense, makenot do any painting or decorating, or procure the making oferect any partitions, such make any alterations and modifications in and or additions to the Airframe Premises or do any nailing, boring or screwing into the ceilings, walls or doors, without Landlord's prior written consent in each and Engines every instance. Unless otherwise agreed by Landlord and Tenant in writing, all such work shall be performed either by or under the direction of Landlord, but at the sole cost of Tenant. Landlord's decision to refuse such consent shall be conclusive. If Landlord consents to such alterations or additions, before commencement of the work or delivery of any materials into the Premises or into the Building, Tenant shall furnish Landlord for approval: (A) Plans and specifications; (B) Names and addresses of contractors; (C) Copies of contracts; (D) Necessary permits; and (E) Indemnification and insurance in form and amount satisfactory to Landlord from all contractors performing labor or furnishing materials, insuring against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions. Landlord may withhold approval of any alteration or additions if the plans and specifications therefor are not acceptable to Landlord or Landlord's architect or engineer (if any). In connection with any request for approval of any alterations or additions by Tenant, Landlord may retain the services of an outside architect and/or engineer and the reasonable fees of such architect and/or engineer shall be reimbursed to Landlord by Tenant. Landlord's approval of any plans or specifications shall not be construed to be an agreement or representation on Landlord's part as may to the adequacy or suitability of Tenant's alterations or additions. In the event Landlord permits the alterations or additions to be required from time completed by Tenant's contractor, Landlord reserves the right to time require that Tenant shall terminate its contract with any such contractor in the event said contractor shall be engaged in a labor dispute which disrupts said contractor work. Landlord shall also have the right to meet the order any contractor of Tenant who violates any of Landlord's requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Aviation Authority Building. Landlord or the managing agent of the Building shall be entitled to charge a fee for supervision and coordination of all such alterations. Tenant agrees that its contractors shall not conduct their work in such a manner so as to interfere with or cause any Government Entity having jurisdiction interruption of either (A) Landlord's construction; (B) another tenant's occupancy or construction; or (C) other phases of Landlord's operation of the Building. Tenant hereby agrees to indemnify and hold Landlord, its beneficiaries, partners and their respective agents and employees harmless from any and all liabilities of every kind and description which may arise out of or be connected in any countryway with said alterations or additions. Any mechanic's lien filed against the Premises, stateor the Project, county for work claimed to have been furnished to Tenant shall be discharged of record or other political subdivision bonded against by Tenant within ten (10) days thereafter, at Tenant's expense. Upon completing any alterations or additions, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations and additions shall comply with all insurance requirements and with all ordinances and regulations of any pertinent governmental authority. All alterations and additions shall be constructed in a good and workmanlike manner and only good grades of materials shall be used. All additions, decorations, fixtures, hardware, non-trade fixtures and all improvements, temporary or permanent, in or over which upon the Aircraft is flown Premises, whether placed there by Tenant or by Landlord, shall, unless Landlord requests their removal, become Landlord's property and shall remain upon the FAA and any mandatory Premises at the termination of this Lease, by lapse of time or recommended service bulletins of the Manufacturerotherwise, without compensation or allowance or credit to Tenant. In addition, Sublessee Landlord may, at its own expensesole option, from time request Tenant, at Tenant's sole cost, to time, make, or procure remove same at the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature termination of the Aircraft as a passenger carrying aircraftTerm, or change its original type design or configurationand if, or materially diminish upon Landlord's request, Tenant does not remove said additions, decorations, fixtures, hardware, non-trade fixtures and improvements, Landlord may remove the value or utility of same, and Tenant shall pay the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result cost of such alteration, modification or addition shall be vested in Owner Trustee, subject removal to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedLandlord upon demand.

Appears in 3 contracts

Sources: Office Lease (Biotel Inc.), Asset Purchase Agreement (Biotel Inc.), Office Lease (Biotel Inc.)

Alterations. Sublessee A. Lessee shall at its own expensenot make any additions, makealterations, or procure changes in the making ofLeased Premises without first obtaining Lessor’s written approval, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such alterations installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and modifications in and additions shall restore the Leased Premises to the Airframe and Engines as may be required from time condition in which it existed prior to time to meet the standards installation of the Aviation Authority Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or any Government Entity having jurisdiction in any countryshall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, state, county or other political subdivision in or over which not less than 180 days prior to the Aircraft is flown or the FAA and any mandatory or recommended service bulletins expiration of the ManufacturerLease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In additionthe event Lessor elects to have any such Structural Modifications removed, Sublessee mayLessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, at its own expenseor, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct event of its businessearly termination due to default by Lessee, including, removal within a reasonable time after receipt of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature written notice of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required items to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgageremoved, and shall forthwith be deemed Part diligently conducted to completion. B. Lessee covenants and agrees to keep the premises free and clear of the Airframe all liens and encumbrances of whatsoever kind, granted or such Engine. Neither Owner Trusteeclaimed by, Lender nor Sublessor shall be required through, or under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedLessee.

Appears in 3 contracts

Sources: Commercial Lease Agreement (Argyle Security, Inc.), Commercial Lease Agreement (Argyle Security, Inc.), Commercial Lease Agreement (Argyle Security, Inc.)

Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions improvements to the Airframe premises (including, but not limited to, roof and Engines as may wall penetrations) without the prior written consent of Landlord. Such consent will not be required from time to time to meet denied provided the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturerimprovements are building standard office/warehouse finishes. In addition, Sublessee may, at its own expense, from time the event Landlord consents to time, make, or procure the making of, such alterations and modifications in and additions including the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Airframe or any Engine as Sublessee Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may deem desirable in be removed by Tenant prior to the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgagelease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this lease or upon earlier vacating of the Airframe or premises if required by Landlord; upon any such Engineremoval Tenant shall restore the premises to their original condition with consideration for normal wear and tear. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in a good workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural qualities of the Aircraft or to reimburse Sublessee for building and other improvements situated on the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedpremises.

Appears in 3 contracts

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

Alterations. Sublessee All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall at its own expense, make, or procure become the making of, such alterations property of Landlord and modifications in shall remain upon and additions to be surrendered with the Airframe and Engines leased premises as may be required from time to time to meet a part thereof on the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4lease. Such alterations, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgageadditions, and shall forthwith improvements may only be deemed Part of made with the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. If consent is granted for the making of improvements or delayedalterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the leased premises, in connection with the making of such improvements or alteration. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily so that repairs to the roof can be made, Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon termination of this lease, Tenant shall remove or cause to be removed from the roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and condition, natural deterioration only excepted. Any damage caused by the installation of trade fixtures shall be repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be made in good and workmanlike manner.

Appears in 2 contracts

Sources: Commercial Lease, Commercial Lease

Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) which cost in excess of $10,000.00 per project without the prior written consent of Landlord which shall not be reasonably withheld. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner erect such shelves, makebins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or procure improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the making ofproperty of Tenant during the Term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises, provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and additions shall be delivered up to the Airframe Landlord with the Premises. All shelves, bins, machinery and Engines as trade fixtures installed by Tenant may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements removed by Tenant prior to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageLease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this Lease or upon earlier vacating of the Airframe or Premises if required by Landlord; upon any such Engineremoval Tenant shall restore the Premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in good workmanlike manner so as not to pay directly for any alteration, modification or addition to damage the Aircraft or to reimburse Sublessee for primary structure of structural qualities of the cost thereof. Any buildings and other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedimprovements situated on the Premises.

Appears in 2 contracts

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

Alterations. Sublessee shall Except for the Tenant Improvements, Tenant will not make any alterations, additions or improvements to the Premises (including, but not limited to, roof and wall penetrations without the prior written consent of Landlord (not to be unreasonably withheld, or delayed). Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner, makeerect such shelves, bins, machinery, movable lab benches, equipment, trade fixtures (defined as any fixtures used by Tenant in its specific business and not paid for by Landlord) and other non-structural interior improvements as it may deem advisable, without altering the basic character or structure of the Premises or improvements and without overloading or damaging the Premises or Building, and in each case complying with all Applicable Laws. Tenant will not make any alterations, additions or improvements to the Premises which will contravene Landlord’s policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or procure which will prevent Landlord from securing such policies in companies reasonably acceptable to Landlord. If any such alterations, additions or improvements cause the making of, such alterations and modifications in and additions rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the Airframe and Engines as may be required minimum rate from time to time applicable to meet the standards Premises for permitted uses thereof (as reasonably documented by Landlord), Tenant will pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. Within thirty (30) days receipt of reasonable documentation from Landlord following the completion of any alteration, addition, or improvement at the Premises by Tenant that requires the prior consent of Landlord, Landlord will be reimbursed for any reasonable outside consultant or design professional costs actually incurred by Landlord to review any plans or supervise construction work (not to exceed the lesser of $1,500.00 or 5% of Tenant’s “hard” construction costs). No such reimbursement will be required for any alteration, addition or improvement that does not require the consent of Landlord. Any and all alterations, additions, improvements, partitions and fixtures erected by Tenant will be the property of Landlord and will remain at the Premises upon termination of the Aviation Authority Lease or upon earlier vacating of the Premises. All shelves, bins, machinery, trade fixtures, and other interior non-structural improvements installed by Tenant will remain the personal property of Tenant and may be removed by Tenant prior to the termination of this Lease provided such removal may be accomplished without damage to the Premises or Building that cannot be repaired by Tenant as set forth in this subparagraph. Prior to vacating the Premises, Tenant will repair any damage to the Premises or Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, or any Government Entity having jurisdiction in Tenant Party. Should Tenant fail to conduct any countrysuch repair within ten (10) days of written notice from Landlord, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee Landlord may, at its own expenseoption, from time perform same, and Tenant will remit payment to timeLandlord for the actual cost and expense incurred by Landlord in effecting such repair promptly upon demand. Tenant will have no authority, makeexpress or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or procure in any manner to bind, the making of, such alterations and modifications interest of Landlord in and additions including the making Premises or to charge the rentals payable hereunder for any claim in favor of any improvements person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim will affect and each such lien will attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Airframe Premises at the request of Tenant on which any lien is or any Engine as Sublessee may deem desirable can be validly and legally asserted against its leasehold interest in the proper conduct Premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of its businessasserted claims or liens against the leasehold estate or against the right, including, removal title and interest of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use Landlord in the Airframe Premises or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by under the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedLease.

Appears in 2 contracts

Sources: Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc)

Alterations. Sublessee (a) Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, Premises (including, removal of Parts (for purposes of this Clause 16.4but not limited to, Obsolete Partsroof and wall penetrations) which Sublessee deems obsolete or no longer suitable or appropriate for use in without the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character or delayedstructure of the Premises or improvements and without overloading or damaging the Premises or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Tenant shall not make any alterations, additions or improvements to the Premises which will contravene Landlord's policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof, Tenant shall pay as additional rent the amount of any such increase promptly upon demand by Landlord. (b) Any and all alterations, additions, improvements, partitions and fixtures erected by Tenant shall be the property of Landlord and shall remain at the Premises upon termination of the Lease or upon earlier vacating of the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease provided such removal may be accomplished without damage to the Premises or to the primary structure or structural qualities of the Building and other improvements situated on the Premises. Tenant shall repair any damage to the Premises, or to the Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, its employees, agents, invitees, or contractors to the Premises. Should Tenant fail to conduct any such repair within ten days of written notice from Landlord, Landlord may, at its option, perform same, and Tenant shall remit payment to Landlord for the actual cost and expense incurred by Landlord in effecting such repair immediately upon demand.

Appears in 2 contracts

Sources: Lease Agreement (Pharmaceutical Product Development Inc), Lease Agreement (Pharmaceutical Product Development Inc)

Alterations. Sublessee Tenant shall at its own expense, make, not make nor permit to be made any ----------- alterations or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require SublessorPremises without obtaining Landlord's prior written consent, consent which consent shall not be unreasonably withheld withheld, and then only by contractors or delayedmechanics approved by Landlord. Landlord shall generally consent to alterations, additions, or improvements which do not affect the value of the Premises significantly and which do not affect the structure or operation of the Building. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with any and all applicable laws, statutes, rules, orders, ordinances, regulations, and requirements of the federal, state, and local governments, and all their departments and bureaus, as well as the requirements of the Association of Fire Underwriters, or similar governing insurance body. Unless otherwise approved by Landlord, all alterations, additions, and improvements to the Premises shall be made by Landlord. Landlord shall pay for the cost of any alterations, additions, and improvements to the Premises only to the extent Landlord agrees to do so by a separate written agreement with Tenant. Otherwise, Tenant shall pay all costs for such additions, alterations, and improvements including any additions, alterations, and improvements to the Premises required by any governmental agency during the term of this Lease, which costs shall include a reasonable overhead and profit charge by Landlord. Tenant shall report all costs incurred by Tenant for any alterations, additions, or improvements made by Tenant to the Premises and shall permit Landlord to examine all contracts and records relating to such alterations, additions, or improvements. All alterations, additions, and improvements to the Premises by Landlord or Tenant shall become part of the realty and belong to Landlord and, at the end of the term hereof, shall remain on the Premises without compensation of any kind to Tenant, except that any trade fixtures which are installed and paid for by Tenant shall remain the property of Tenant and may be removed by Tenant during the term of this Lease provided Tenant repairs any damage to the remaining improvements of the Premises caused by the removal of such fixtures. Moveable furniture and equipment of Tenant shall remain the property of the Tenant.

Appears in 2 contracts

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

Alterations. Sublessee shall at its own expenseSubtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, make, additions or procure the making of, such alterations and modifications improvements in and additions or to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition Sublease Premises shall be vested in Owner Trustee, subject to (i) the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, consent of Sublandlord (which consent shall not be unreasonably withheld withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or delayedinstall any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Sublease.

Appears in 2 contracts

Sources: Sublease (Pulmonx Corp), Sublease (Pulmonx Corp)

Alterations. Sublessee After the Commencement Date, Tenant shall at its own expensenot make any additions, makechanges, alterations or procure the making of, such alterations and modifications in and additions improvements (“Alterations”) to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown Premises or the FAA Building, without the prior written consent of Landlord. All Alterations shall be at Tenant’s sole cost and any mandatory or recommended service bulletins shall be performed in a good and workmanlike manner and all materials used shall be of the Manufacturer. In addition, Sublessee may, at its own expense, from time a quality comparable to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable those in the proper conduct of its businessPremises and the Building and shall be in accordance with plans and specifications approved by Landlord. All Alterations shall be performed in accordance with reasonable requirements established by Landlord, including, removal upon Landlord’s request, provision of Parts (a lien and completion bond in an amount equal to 150% of the cost of the Alterations. In any case, Tenant shall pay Landlord a reasonable fee to cover Landlord’s costs incurred in reviewing Tenant’s plans and specifications. Tenant shall maintain a safe working environment, including the continuation of all fire and security protection devices, if any, previously installed in the Premises by Landlord. All damages or injury done to the Premises or the Building by Tenant or by any persons who may be in or upon the Premises or the Building with the express or implied consent of Tenant, including but not limited to the cracking or breaking of any glass of windows and doors, shall be paid for purposes by Tenant and Tenant shall pay for all damage to the Building caused by acts or omissions of Tenant or Tenant’s officers, contractors, subcontractors, agents, invitees, licensees, employees, successors or assigns. If Landlord consents to any Alterations by Tenant, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of any Alterations. Except as otherwise provided herein, all Alterations, except Tenant’s moveable personal property that does not become a part of the Building shall remain in and be surrendered with the Premises as a part thereof at the expiration or sooner termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete Lease. Landlord may require Tenant to remove any Alterations and to restore the Premises to its condition prior to the completion of any Alterations at the expiration or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature termination of the Aircraft Term, such work to occur at Tenant’s expense and Tenant shall repair all damage to the Premises or Building occurring as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alterationremoval or restoration. If Tenant fails to remove any Alterations as required by Landlord or repair any damage occurring during such removal, modification or addition Landlord shall be vested entitled to remove any Alterations or make such repairs, at Tenant’s expense. Tenant shall comply with all applicable laws, codes and regulations in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedconnection with all Alterations.

Appears in 2 contracts

Sources: Lease Agreement (Pacific Biometrics Inc), Lease Agreement (Pacific Biometrics Inc)

Alterations. Sublessee shall at its own expenseIn the event Subtenant desires to make alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable Sublease Premises, Subtenant shall concurrently provide to each of Sublandlord and Master Landlord, in accordance with the proper conduct of its businessnotice provisions herein, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature a description of the Aircraft as proposed alterations, additions or improvements, together with and a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility copy of the Airframe proposed plans and specifications for review and approval. Subtenant shall make no alterations, additions or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed improvements in or attached or added to the Airframe or any such Engine as Sublease Premises without the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent of both Sublandlord (except that Sublandlord’s consent shall not be required for alterations referenced in the “provided, however” clause in the first sentence of Section 6.05) and, if required by the Master Lease, Master Landlord. Sublandlord shall not unreasonably withheld withhold, condition or delayeddelay its consent to any proposed alteration, addition or improvement. Notwithstanding the foregoing, it shall not be unreasonable for Sublandlord to withhold consent to any alteration, addition or improvement for which Master Landlord does not provide consent. Sublandlord shall give its consent or reasons for failure to consent to any proposed alteration, addition or improvement within ten (10) business days after Sublandlord has received from Subtenant a description of the proposed alterations, additions or improvements, together with and a copy of the proposed plans and specifications. Any such approved alterations, additions or improvements shall be installed in accordance with the terms of the Master Lease. In the event Subtenant makes any such alterations, additions or improvements, Subtenant shall restore the Sublease Premises at the expiration or earlier termination of the Sublease Term to its condition existing as of the Commencement Date, reasonable wear and tear excepted, unless Master Landlord otherwise agrees in writing. If Master Landlord agrees in writing that any alterations, additions or improvements installed by Subtenant may remain in the Sublease Premises upon the expiration or earlier termination of this Sublease, Sublandlord shall not have the right to require that Subtenant remove those alterations, additions or improvements upon the expiration or earlier termination of this Sublease.

Appears in 2 contracts

Sources: Sublease Agreement (Openwave Systems Inc), Sublease Agreement (Openwave Systems Inc)

Alterations. Sublessee Tenant shall at its own expensenot make or suffer to be made any alterations, makeadditions, or procure improvements which are structural in nature or which affect utility lines or equipment serving other portions of the making ofproperty, such alterations and modifications in and additions Building or in, on, or to the Airframe and Engines as Premises or any part thereof or make any improvements without the prior written consent of Landlord, which may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction withheld in any countryLandlord’s reasonable discretion. When applying for such consent, stateTenant shall, county or other political subdivision in or over which the Aircraft is flown or the FAA if requested by Landlord, furnish complete plans and any mandatory or recommended service bulletins of the Manufacturerspecifications for such alterations, additions and improvements. In addition, Sublessee may, at its own expense, from time the event Landlord consents to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal improvement by Tenant, the same shall be made using a contractor acceptable to Landlord at Tenant’s sole cost over US$ 200,000and expense. All alterations, additions or alter the fundamental nature of the Aircraft as a passenger carrying aircraftimprovements performed by Tenant shall be constructed in accordance with all government laws, or change its original type design or configurationordinances, or materially diminish the value or utility of the Airframe or any such Enginerules and regulations and Tenant shall, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to construction, provide to Landlord waivers of lien to protect Landlord against any loss from any mechanics’, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Paragraph 5 or 6 above any increase in real estate taxes attributable to any such alteration, modificationaddition, addition or. improvement for so long, during the Term, as such increase is ascertainable. Upon the expiration or removal assuming sooner termination of the Term as herein provided, Tenant shall upon demand by Landlord, at Tenant’s sole cost and expense, forthwith and with all due diligence remove any such Airframe alterations, additions or Engine was then in the condition and repair required improvements which are designated by Landlord to be maintained removed, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair and restore the Premises to their original condition, reasonable wear and tear and loss by the terms casualty excepted Any alteration, additions or improvements to be done by Tenant or Landlord as part of this Agreement. Title to all Parts incorporated Tenant’s initial occupancy shall be specified in Exhibit B. Any alteration, addition, or installed in improvement in, on, or attached or added to the Airframe Premises including carpeting, but excepting movable furniture, personal property, and trade fixtures of Tenant, which are removable without material damage to the property or any such Engine as the result of such alterationPremises, modification or addition shall be vested in Owner Trusteeand remain the property of Tenant during the Term but shall, subject to the Mortgageunless Landlord elects otherwise, and shall forthwith be deemed Part become a part of the Airframe realty and belong to Landlord without compensation to Tenant upon the expiration or such Engine. Neither Owner Trustee, Lender nor Sublessor sooner termination of the Term and title shall be required pass to Landlord under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedthis Lease as by a ▇▇▇▇ of sale.

Appears in 2 contracts

Sources: Lease Agreement (Avago Technologies LTD), Lease Agreement (Cyoptics Inc)

Alterations. Sublessee a) Tenant shall at its own expensenot create any openings in the roof or exterior walls, makenor make any alterations, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct exterior Demised Premises without prior written consent of its businessLandlord. Consent for minor alterations, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000additions, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent improvements shall not be unreasonably withheld by Landlord. Tenant shall have the right to make alterations and improvements to the interior of the building on the Demised Premises and at all times to install Tenant's shelves, bins, machinery, equipment and trade fixtures, provided Tenant complies with all applicable governmental laws, ordinances and regulations, and further provided that such installations by Tenant shall not cause any structural or delayedother damage or deface the Demised Premises. Providing Tenant is not in default of any of the terms, covenants or conditions of this Lease, Tenant shall have the right to remove at the termination of this Lease such items so installed, including any machinery or equipment installed and paid for by Tenant, if any (as specifically differentiated from any such equipment owned by Landlord); however, Tenant shall, prior to the termination of this Lease, promptly repair any damage caused by such removal. b) Except as otherwise provided above regarding Tenant's right to remove certain installations or additions, all alterations, additions and improvements made by Tenant shall become the property of Landlord at the termination or expiration of this Lease, or Landlord may require Tenant to remove such alterations, additions and improvements and any other property placed in or on the Demised Premises by Tenant and restore the property to its original condition, and Tenant shall repair any damage caused by such removal and leave the Demised Premises in a broom clean and orderly condition.

Appears in 2 contracts

Sources: Lease Agreement With Option to Purchase (Hanover Compressor Co), Lease Agreement With Option to Purchase (Hanover Compressor Co)

Alterations. Sublessee Tenant shall at its own expense, make, or procure the making of, such not make alterations and modifications in and additions to Tenant's space except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld. However, Landlord's determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Airframe and Engines as may Premises shall be required from time in Landlord's sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to time to meet the standards be performed by Tenant under Section 3.1) which (a) in Landlord's opinion might adversely affect any structural or exterior element of the Aviation Authority Building, any area or element outside of the Premises, or any Government Entity having jurisdiction in facility serving any countryarea of the Building outside of the Premises, stateor (b) involve or affect the exterior design, county size, height, or other political subdivision exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent, in Landlord's judgment, with alterations satisfying Landlord's standards for new alterations in the Building. Landlord's review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and Insurance Requirements nor deemed a waiver of Tenant's obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or over obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall reimburse Landlord for the third party costs and expenses incurred by Landlord to review Tenant's plans and Tenant's work but in no event more than $1,000.00 for each alteration project proposed by Tenant. All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2 except for any additions, alterations, or other improvements which Tenant requests to remain in the Aircraft Premises in Tenant's notice seeking Landlord's consent (which notice shall specifically refer to this Section 3.6) and for which Landlord specifically agrees in writing may remain in the Premises. All of Tenant's alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord's general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord's general contractor, Tenant, before its work is flown started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry workmen's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and commercial general liability insurance or comprehensive general liability insurance with a broad form comprehensive liability endorsement with such limits as Landlord may reasonably require, but in no event less than $2,000,000.00 combined single limit per occurrence on a per location basis (all such insurance to be written in companies approved by Landlord and naming and insuring Landlord and Landlord's managing agent as additional insureds and insuring Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the FAA Buildings or the Site and immediately to discharge any mandatory or recommended service bulletins such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of any real estate taxes on the Complex which shall, at any time after commencement of the Manufacturer. In Term, result from any alteration, addition or improvement to the Premises made by Tenant. 3.6.1 Notwithstanding the terms of Section 3.6, Tenant shall have the right, without obtaining the prior consent of Landlord, to make alterations, additions or improvements to the Premises where: (i) the same are within the interior of the Premises within the Building, and do not affect the exterior of the Premises and the Building (including no - 27 - signs on the window); (ii) the same do not affect the roof, walls, any structural element of the Building, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Building; (iii) the cost of any individual alteration, addition, Sublessee mayor improvement shall not exceed $2,500.00 and the aggregate cost of said alterations, at its own expenseadditions or improvements made by Tenant during the Lease Term shall not exceed $10,000.00 in cost; and (iv) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, from time to timeTenant shall pay for any such increase in cost; provided, makehowever, or procure the making ofthat Tenant shall, such alterations and modifications in and additions including within fifteen (15) days after the making of any improvements such changes, send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given at least twenty (20) days prior to the Airframe expiration or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature earlier termination of the Aircraft as a passenger carrying aircraftLease Term, or change may require Tenant to restore the Premises to its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe improvement at the expiration or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part earlier termination of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedLease Term.

Appears in 2 contracts

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

Alterations. Sublessee (a) Tenant shall at its own expense, not make, or procure the making ofpermit to be made, such alterations and modifications in and any alterations, additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe Premises, or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness part thereof, below without the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or delayedimprovement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system. (b) All additions, alterations or improvements, including, but not limited to, heating, lighting, electrical, air conditioning, fire extinguishers, lighting fixtures, ballasts, light globes, and tubes, hot water heaters, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, together with all property that has become an integral part of the Building, shall at once be and become the property of Landlord, and shall not be deemed trade fixtures, but any or all are subject to removal pursuant to paragraph 10 hereof. Notwithstanding anything to the contrary herein, Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. Tenant may remove Tenant’s Property from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in any item of Tenant’s Property.

Appears in 2 contracts

Sources: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical Inc)

Alterations. Sublessee a. Tenant shall at its own expense, make, not make alterations or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards interior of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over Premises which are visible from the Aircraft is flown or the FAA and any mandatory or recommended service bulletins exterior of the Manufacturer. In additionpremises, Sublessee may, at its own expense, from time to time, makethe exterior of the Premises, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe structural, mechanical, plumbing, or electrical systems of the Building without the express written permission of the Landlord. Notwithstanding the foregoing, the Landlord acknowledges that as part of the Tenant Work, Tenant will be installing roof top or ground-mounted enclosed refrigeration equipment which will service its coolers and freezers, in a location specified by the Landlord; provided, however, any Engine as Sublessee may deem desirable roof top equipment must be screened in a manner reasonably acceptable to Landlord and must comply with the proper conduct Covenant Documents and all Governmental Authorities. Such refrigeration equipment for coolers and freezers (which expressly excludes HVAC for normal heating and cooling) shall be deemed to be Tenant’s Property which shall be removed by Tenant at the expiration of its business, including, removal the Lease Term or earlier termination of Parts (the Lease. Tenant shall use Landlord’s then-current roof contractor for purposes of this Clause 16.4, Obsolete Parts(i) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature installation and placement of the Aircraft as a passenger carrying aircraftrefrigeration equipment and any piercing of the roof membrane in order to facilitate the installation thereof, or change and (ii) removal of the refrigeration equipment and repair/restoration of the roof membrane to its original type design or configuration, or materially diminish the value or utility weather-resistant condition as of the Airframe or any such EngineReady for Occupancy Date, or impair the condition or airworthiness thereof, below the value, utility, condition ordinary wear and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then tear excepted. Notwithstanding anything in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added Lease to the Airframe or any such Engine as the result of such alterationcontrary, modification or addition Tenant shall be vested in Owner Trustee, subject responsible for its roof penetrations and any problems arising from such penetrations including any repairs to interior portions of the Premises. b. Tenant shall begin alterations or additions to the Mortgage, and shall forthwith be deemed Part interior of the Airframe or such Engine. Neither Owner TrusteePremises, Lender nor Sublessor shall be required under any circumstances only after first delivering to pay directly for any alteration, modification or addition to Landlord the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior plans and specifications therefor and obtaining Landlord’s written consent, which consent will not be unreasonably withheld, conditioned or delayed. Landlord’s approval of any Tenant plans, specifications or drawings under this Lease shall create no liability for Landlord for their completeness, design sufficiency, or compliance with Governmental Authorities or applicable codes or laws. Tenant shall promptly pay for the costs of all such alterations and additions regardless of the cost, and shall indemnify Landlord against liens, costs, damages, and expenses incurred by Landlord in connection therewith, including any attorneys’ fees incurred by Landlord if Landlord shall be joined in any action or proceeding involving such work. Landlord may, at its option, pay sums due in order to release such liens, in which event any such sums paid by Landlord shall be due to Landlord by Tenant as Additional Rent, upon demand. Under no circumstance shall Tenant commence any such work until Landlord has been provided with certificates evidencing that all the contractors and subcontractors performing such work have in full force and effect adequate worker’s compensation insurance and all permits and licenses as required by Governmental Authorities. All alterations and additions shall be completed by Tenant in accordance with Exhibit B to the Work Letter. All consents given by Landlord in reference to such improvements shall be deemed conditioned upon: (i) Tenant acquiring all applicable permits required by any Governmental Authorities; (ii) the furnishing of copies of such permits together with a copy of the plans and specifications for the alteration to Landlord prior to commencement of the work thereon and prior to the submission for approval to any Governmental Authorities having jurisdiction; and (iii) the compliance by Tenant with all conditions of said permits in a prompt and expeditious manner Any alterations by Tenant shall be done in a good and workmanlike manner, with good and sufficient materials, and be in compliance with all Governmental Authorities, laws, and codes. Tenant shall promptly upon completion thereof furnish Landlord with as built plans and specifications therefor and copies of any approvals, permits and certificates given by any applicable Governmental Authorities. After the Tenant opens for business to the public, the Tenant will not require the Landlord’s consent to make permitted alterations to the Premises that cost fifty thousand ($50,000) or less, are not visible from the exterior of the Premises, and do not affect the Building structure, systems, exterior, or any electrical, plumbing or mechanical systems of the Premises/Building, and for which: (i) Tenant first provides written notice to the Landlord to permit it post notifications of non-liability at the Premises as permitted by this Lease; (ii) Tenant obtains any permits required by any Governmental Authority; (iii) Tenant undertakes such alterations in a commercially reasonable fashion; and (iv) Tenant provides the Landlord with “as-built” plans (if applicable) upon the completion of the alterations. In the event any remodeling, improvements, fixturing or modification to the Premises by Tenant results in or causes the Premises or the Shopping Center to be subject to any change or modified compliance with any laws, rules or regulations then Tenant shall pay for and reimburse Landlord for all costs or expenses, including management costs, reasonably necessary to bring any part or all of the Premises or Shopping Center into compliance therewith. Within five (5) days after notifying Landlord of any planned erection, construction, alteration, removal, addition, repair or other improvement, Landlord shall post, and Tenant shall keep posted until completion of such work, in a conspicuous place upon the doors providing entrance to the Premises, notices of non-responsibility as permitted by Governmental Authorities, stating that Landlord’s interests in the Shopping Center shall not be unreasonably withheld subject to any lien for such work. c. Landlord acknowledges and agrees that all furniture, trade fixtures, equipment, machinery, cabinetwork, check-out counters, wiring used to serve the check-out counters, roof-top or delayedground-based refrigeration equipment, coolers, chillers, walk-in or reach-in refrigeration equipment, movable partitions, signs, and any property bearing any of the Tenant’s trade names or trademarks, whether registered or unregistered, and all other items of personal property which Tenant utilizes to conduct its business on the Premises which may be installed in or upon the Premises at Tenant’s cost (whether or not reimbursed by Landlord as a construction cost), (excluding however those items which constitute essential building systems (such as base lighting, electrical, plumbing, mechanical, ceiling, bathroom fixtures, HVAC, etc.) and all fire-safety items, flooring, water heaters, interior walls, partitions, and doors, additional utility work (if applicable), grease trap (if applicable), and parapet/facade renovation (if applicable)) (collectively “Trade Fixtures”), shall not be deemed to become a part of the Premises, and whether or not they become a component part of the Premises, the Trade Fixtures are and shall remain the property of Tenant and shall be treated as moveable trade fixtures for the purpose of this Lease. Tenant, at its own cost and expense, may install, place, reinstall or replace upon the Premises, or remove from the Premises, any such Trade Fixtures . Any replacement or additional Trade Fixtures shall not become the property of the Landlord but shall remain Tenant’s property the same as the original Trade Fixtures. All Trade Fixtures shall be removed by Tenant at the termination of this Lease. Tenant shall repair all damage to the Premises caused by any such removal. If Tenant fails to timely perform such removal obligations or if Landlord repairs any damage caused by such removal and not repaired by Tenant as herein provided, then the costs and expenses thereof incurred by Landlord may be recovered by Landlord from Tenant. d. Landlord acknowledges and agrees that Tenant’s Trade Fixtures may be leased from an equipment lessor and that Tenant may execute and enter into an equipment lease with respect to such Trade Fixtures. Landlord shall execute and deliver a document substantially in the form of the Landlord’s Release and Waiver attached hereto as Exhibit D and made a part hereof, in which Landlord: (i) acknowledges and agrees that the Trade Fixtures constitute the personal property of Tenant, and shall not be considered to be part of the Premises, regardless of whether or by what means they become attached thereto; (ii) agrees that it will not claim any interest in such Trade Fixtures; (iii) agrees that any equipment lessor may enter the Premises on or prior to the termination of the Lease for the purpose of exercising any right it may have under the provisions of any equipment lease, including the right to remove such Trade Fixtures, provided that such equipment lessor agrees to repair any damage resulting from such removal and under no circumstances shall be allowed to conduct a sale of the equipment from the Premises; and (iv) any such other provisions as may be common. Landlord subordinates any statutory landlord’s lien and any attachment for rent on the Trade Fixtures that Landlord may have or may hereafter acquire. e. Tenant may install, operate and maintain rooftop satellite communication equipment (Satellite Equipment) on the roof of the Shopping Center above the Premises for use by Tenant in the Premises; provided, however, Tenant shall be required to utilize Landlord’s roofing contractor to the extent required to preserve any applicable roof warranties with respect to any work relating to the puncture or penetration of the roof or attaching any items to the roof. Tenant shall be solely responsible for the installation of the Satellite Equipment and shall, as a condition to installing and maintaining the Satellite Equipment and at Tenant’s sole cost and expense, secure all necessary consents and approvals from all applicable governmental authorities to construct, operate and maintain the Satellite Equipment. Tenant agrees to locate and screen all cables and other equipment and facilities connecting the Satellite Equipment to the Premises in locations reasonably designated by Landlord. Tenant agrees to indemnify, defend and hold harmless Landlord from and against all losses, damages, costs and expenses arising from or relating to the installation, maintenance and repair of the Satellite Equipment, and the Satellite Equipment shall be considered part of the Premises for purposes of Tenant’s maintenance, indemnity and insurance obligations under this Lease. All such equipment shall be installed and maintained by Tenant in good repair and working condition, in accordance with applicable laws, ordinances, rules and regulations and in compliance with the requirements of the insurers of the Shopping Center. Tenant shall pay all taxes of any kind or nature whatsoever levied upon the Satellite Equipment and all charges, expenses and other costs of any nature whatsoever relating to the installation, ownership, maintenance and operation of the Satellite Equipment. The installation and operation of the Satellite Equipment shall not interfere with the safety or operation of the Shopping Center nor cause any labor dispute, nor shall the Satellite Equipment interfere with the communications facilities of any other tenant of the Shopping Center. Upon expiration or earlier termination of this Lease, Tenant shall remove all of the Satellite Equipment and shall be responsible for the repair, painting, and/or replacement of the roof system building surface to which the Satellite Equipment is attached. f. Tenant will not be permitted to install and/or maintain any sales areas or other features in the Common Areas without the express written consent of Landlord. Notwithstanding the foregoing, the Tenant may install, one or more: cart corrals,; outdoor bicycle racks, and, picnic, or similar tables all at locations to be mutually acceptable to the Landlord and Tenant

Appears in 2 contracts

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

Alterations. Sublessee All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall at its own expense, make, or procure become the making of, such alterations property of Landlord and modifications in shall remain upon and additions to be surrendered with the Airframe and Engines leased premises as may be required from time to time to meet a part thereof on the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4lease. Such alterations, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgageadditions, and shall forthwith improvements may only be deemed Part of made with the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. If consent is granted for the making of improvements or delayedalterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the leased premises, in connection with the making of such improvements or alterations. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made. Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon termination of this lease, Tenant shall remove or cause to be removed from the roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and condition, natural deterioration only excepted. Any damage caused by the installation or removal of trade fixtures shall be repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be made in good and workmanlike manner.

Appears in 2 contracts

Sources: Commercial Lease (United Oilfield Services Inc), Commercial Lease (Penge Corp)

Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the Premises (including, but not limited to, roof and wall penetrations or alterations, additions or improvements affecting building, mechanical or electrical systems or equipment) without the prior written consent of Landlord, which consent may be withheld in its sole discretion or may be conditioned on, among other things, proof of insurance coverage, payment and performance bonds, in forms, amounts and by companies acceptable to Landlord, and ▇▇▇▇▇▇▇▇'s review of Tenant's plans and specifications, ▇▇▇▇▇▇'s contractor and ▇▇▇▇▇▇'s building permit. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner erect such shelves, makebins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or procure improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the making ofproperty of Tenant during the Term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and additions shall be delivered up to the Airframe Landlord with the Premises. All shelves, bins, machinery and Engines as trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the buildings and other improvements situated on the Premises. Landlord shall have the right at any time and from time to time to meet the standards make changes or alterations to any portion of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations Project other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent the Premises and Landlord shall not be unreasonably withheld or delayedsubject to any liability with respect to such alterations.

Appears in 2 contracts

Sources: Lease Agreement (Homegrocer Com Inc), Lease Agreement (Advanced Materials Group Inc)

Alterations. Sublessee Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall at its own expensebe governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or procure the making ofpermit to be made any alterations, such alterations and modifications in and additions or improvements to the Airframe and Engines as may be required from time to time to meet the standards or of the Aviation Authority Demised Premises or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, makepart thereof, or procure the making ofattach any fixtures or equipment thereto, such alterations and modifications in and additions including the making of without first obtaining Landlord's written consent. With respect to any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter improvement which does not affect the fundamental nature structure of the Aircraft as a passenger carrying aircraftBuilding, does not affect any of the Building's systems (e.g., mechanical, electrical or change its original type design or configurationplumbing), or materially does not diminish the value or utility capacity of such Building systems available to other portions of the Airframe Building, is not visible from the common areas or any such Engine, or impair exterior of the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageBuilding, and shall forthwith be deemed Part is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of the Airframe or such Engineall governmental authorities. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require SublessorLandlord's prior written consent, which consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or delayedimprovements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 2 contracts

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

Alterations. Sublessee Section 1. Tenant shall not make or cause to be made any alterations, additions or improvement to the leased premises without the prior written approval of Landlord. Tenant shall present to Landlord plans and specifications for such work at the time approval is sought. Section 2. All alterations, decorations, additions and improvements made by Tenant shall be deemed to have attached to the leasehold and to have become the property of Landlord upon such attachment; upon expiration of this Lease or any renewal term thereof, Tenant shall not remove any of such alterations, decorations, additions and improvements, except that trade fixtures installed by Tenant may be removed, if all rents and other charges due herein are paid in full and Tenant is not otherwise in default hereunder; provided, however, that Landlord may designate by written notice to Tenant those alterations and additions which shall be removed by Tenant at the expiration or termination of the Lease and Tenant shall promptly remove the same and repair any damages to the leased premises caused by such removal or shall reimburse Landlord for the cost of repairing such damage. Section 3. Landlord acknowledges that Tenant intends to construct a clean room in the high bay area of the leased premises and related items approved by Landlord. In the event Tenant elects to proceed with the construction of the clean room on the leased premises, Tenant, at its own sole cost and expense, makeshall design, or procure construct, repair and restore the making of, such alterations clean room in accordance with plans and modifications in and additions to the Airframe and Engines specifications (as they may be required from time amended by approved change orders, the "Tenant Plans") to time be submitted to meet Landlord for its approval. The Tenant Plans shall set forth in detail the standards requirements for the construction of the Aviation Authority or any Government Entity having jurisdiction clean room (the "Tenant Improvements") and shall include, but not be limited to, all necessary civil, architectural, structural, mechanical, electrical, design and documentation required for the Tenant Improvements and shall conform to all applicable laws, ordinances, building codes, and requirements of public authorities and insurance underwriters and shall be signed and sealed by a professional engineer and/or an architect, each licensed and registered in any country, state, county or other political subdivision the state in or over which the Aircraft is flown or leased premises are located and each maintaining errors and omissions insurance coverage in the FAA amount of at least $500,000. Tenant agrees to design and any mandatory or recommended service bulletins of construct the ManufacturerTenant Improvements in accordance with the Tenant Plans in a good and workmanlike manner, and in conformity with the construction guidelines provided by Landlord. In addition, Sublessee maya list of all contractors shall be submitted to Landlord for Landlord's approval, at its own expense, from time which approval shall not be unreasonably withheld. The Tenant's Plans are expressly subject to time, make, or procure the making ofLandlord's approval, such alterations and modifications in and additions including the making of any improvements approval not to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayed. Landlord shall review the Tenant's Plans and give Tenant a response regarding its approval of the same within fifteen (15) days after receipt thereof. If Landlord shall be dissatisfied in any material respect with the Tenant's Plans, Tenant shall promptly modify the same to the reasonable satisfaction of Landlord. Landlord's approval of the Tenant Plans shall not constitute a representation, warranty or agreement of, and Landlord shall have no responsibility or liability for the completeness or design sufficiency thereof or the compliance thereof with any laws, rules or regulations of any governmental or other authority. Tenant agrees that all materials to be used by it in construction of the Tenant Improvements shall be of good quality and Tenant shall not impair the structure or the roof of the building in which the leased premises is located in connection therewith. Tenant agrees that it shall cause the clean room to be designed, constructed and completed in an orderly, clean and safe manner and that while the construction work is being performed, Tenant and its contractors shall provide builder's risk insurance coverage with Landlord as a named insured, which insurance coverage shall meet the criteria reasonable prescribed by Landlord. In the event that Tenant shall fail, for any cause, to complete the clean room on or before the Commencement Date, Landlord shall not be subject to any liability therefore nor shall such failure effect the validity of this Lease and Tenant's obligations hereunder, including Tenant's obligation to commence the term of the Lease and to pay rent and other sums due hereunder. Tenant will keep the leased premises free of liens of any sort and will hold Landlord harmless from any liens which may be placed on the leased premises. In the event a construction or other lien shall be filed against the leased premises or Tenant's interest therein as a result of any work undertaken by Tenant or its employees, agents, contractors or subcontractors, or as a result of any construction, repairs or alterations made by or any other act of Tenant or its employees, agents, contractors or subcontractors, Tenant shall, within twenty (20) days after receiving notice of such lien, discharge such lien either by payment of the indebtedness due the lien claimant or by filing a bond (as provided by statute) as security for the discharge of such lien provided such lien is not the result of Landlord's failure to release funds received as Improvement Rent. In the event Tenant shall fail to discharge such lien, Landlord shall after have the right to procure such discharge by filing such bond, and Tenant shall pay the cost of such bond to Landlord on demand as additional. Landlord may designate by written notice to Tenant that all or any portion of the clean room and any other alterations, additions, improvements and fixtures made by or for Tenant, shall be removed by Tenant at the expiration or termination of the Lease and Tenant shall promptly remove the same and restore and repair any damage to the leased premises caused by such removal. Section 4. In the event Tenant receives a bona fide offer from a third party to construct the Tenant Improvements (the “Proposed Construction Agreement”) which Construction Agreement Tenant desires to accept, Tenant shall give Landlord written notice of the Proposed Construction Agreement, including a description of the terms and conditions contained therein, and Landlord shall have the first right to construct the Tenant Improvements upon the same terms and conditions as set forth in the Proposed Construction Agreement. Landlord's election must be made by delivery of written notice to Tenant within three (3) business days after receipt of notice of the Proposed Construction Agreement from Tenant, and upon such exercise, Landlord and Tenant shall have an additional ten (10) days in which to enter into a binding construction agreement upon the terms set forth in the Proposed Construction Agreement and otherwise acceptable to Landlord and Tenant. In the event Landlord rejects the Proposed Construction Agreement, fails to accept the Proposed Construction Agreement within the three (3) day period, or the construction agreement is not entered into between Landlord and Tenant within the said ten (10) day period, Tenant shall have the right to enter into the Proposed Construction Agreement, and upon entering into the Proposed Construction Agreement, Tenant's first right to construct the Tenant Improvements as provided herein shall expire. Notwithstanding anything in this Article VII, Section 4 to the contrary, in the event that Tenant provides written notice to Landlord within sixty (60) days from the date of this Lease that it will use and does use pre-designed, pre-engineered modular clean rooms tested and certified to Federal Standards (FS 209E), Institute of Environmental Sciences (IES) Recommended Procedures, and ISO/FDIS (Clean Rooms and Associated Controlled Environment Standards), the option granted to Landlord in this Article VII, Section 4 will not apply.

Appears in 1 contract

Sources: Lease Agreement (Advanced Photonix Inc)

Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord, which consent may in Landlord's sole discretion be withheld. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner, makeerect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building or procure improvements and without overloading or damaging such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the making ofproperty of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if at such alterations time Landlord so elects such alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises, and additions title shall pass to Landlord under this lease as by a ▇▇▇▇ of sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgagelease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this lease or upon earlier vacating of the Airframe or premises it required by Landlord; upon any such Engineremoval Tenant shall restore the premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements within which the premises are situated. If Landlord shall, in its sole discretion, consent to any circumstances alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to pay directly for construction, provide such assurances to Landlord, (including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance) as Landlord shall require to protect Landlord against any alterationloss from any mechanics', modification laborers' or addition to the Aircraft materialmen's liens, or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedliens.

Appears in 1 contract

Sources: Lease Agreement (Watson Pharmaceuticals Inc)

Alterations. Sublessee Tenant shall at its own expense, make, not make or procure permit any other person to make any alterations to said demised premises without the making of, such alterations written consent of Landlord first had and modifications in and additions obtained. Should Landlord consent to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any alterations to said demised premises by Tenant, the alterations shall be made at the sole cost and expense of Tenant by a contractor or other person selected by Tenant and approved in writing before work commences by Landlord. Any and all alterations, additions, or improvements shall be made by licensed contractors in a workmanlike manner to all building codes in force and at Tenant’s sole cost and expense. During the Term of this Lease and any fixturing period prior to commencement of the Lease Term, if required by Landlord, Tenant shall also provide security for the completion thereof in the form of a bond or other security satisfactory to Landlord. Tenant shall pay and settle all expenses and liabilities arising out of or in any way connected with any and all construction, repairs, alterations or maintenance of the demised premises, and all liens of mechanics and/or material men, and all liens of a similar character, arising out of or growing out of the construction, repair, alterations or maintenance of the demised premises. Prior to the Airframe termination of this Lease or any Engine as Sublessee may deem desirable in extension thereof, Tenant shall be permitted to remove from the proper conduct of its businessdemised premises all Personalty (Tenant’s fixtures, includingfurnishings, inventory and equipment on the demised premises whether nailed, screwed, or otherwise fastened to the demised premises, including without limitation shelving, racks, counters, computer equipment, terminals, satellite dish, building signage, monument and pole sign panels, alarm system, safe, telephone system, and testing equipment, but excluding HVAC equipment and light fixtures (collectively, the “Personalty”)) placed by it or by any subtenant on the demised premises, provided however, Tenant shall repair all damages caused by any such removal of Parts (except for purposes small holes caused by nails, fasteners and the like). Any Personalty not so removed by Tenant prior to termination of this Clause 16.4Lease or any extension thereof, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature become at once a part of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition realty and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added belong to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject Landlord without compensation to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedTenant.

Appears in 1 contract

Sources: Lease (Bank of Commerce Holdings)

Alterations. Sublessee Other than the Initial Tenant Improvements, Tenant shall at its own expensemake no alterations, makeinstallations, additions or procure the making of, such alterations and modifications improvements (herein collectively called "Alterations") in and additions or to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown Demised Premises or the FAA and any mandatory Building, structural or recommended service bulletins of the Manufacturer. In additionotherwise, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessorwithout Landlord's prior written consent. Tenant, at its sole cost and expense, must provide Landlord with a copy of the full floor mechanical and electrical plans for the floor or floors of the Demised Premises on which the Alterations are being made, revised by the Building architect and engineers, showing the Alterations proposed by Tenant for Landlord's approval. If any such Alterations are made without the prior written consent of Landlord, Landlord may correct or remove the same, and Tenant shall be liable for any and all expenses incurred by Landlord in the performance of such work. All Alterations shall be at Tenant's sole expense, shall comply with all laws, rules, orders and regulations of governmental authorities having jurisdiction thereof and shall be made at such time and in such manner as Landlord determines will not unreasonably interfere with the use of the Building by other Tenants and their respective premises. All Alterations shall be made only by such contractors or mechanics as are approved in writing by Landlord. Such approval shall not be unreasonably withheld or delayed. Approval of contractors or mechanics by Landlord shall be based upon the contractors or mechanics being properly licensed, their financial posture, experience and past job performance. Tenant shall pay prevailing wages to all contractors and mechanics. All Alterations to the Demised Premises, whether made by Landlord or Tenant, and whether at Landlord's or Tenant's expense, or the joint expense of Landlord and Tenant, shall be and remain the property of Landlord, hereinafter unless otherwise agreed to by Landlord and Tenant. Landlord, at the expiration of the Term or any renewal or extension thereof, may elect to require Tenant to remove all or any part of the Alterations made by the Tenant, subsequent to the Term Commencement Date, unless Landlord agrees in writing not to require the removal of an Alteration at the time Landlord consents to the Alteration. Removal of Tenant's Property and Alteration shall be at Tenant's cost and expense and Tenant shall, at its cost and expense, repair any damage to the Demised Premises or the Building caused by such removal. In the event Landlord does not so elect, and Tenant does not remove Tenant's Property, it shall become property of Landlord. In the event Tenant fails to remove Tenant's property or the Alterations requested to be removed by Landlord on or before the expiration of the Term or any extension or renewal thereof, then and in such event, the Landlord may remove Tenant's Property and Alteration from the Demised Premises at Tenant's expense and the Tenant hereby agrees to reimburse the Landlord for the cost of such removal together with any and all damages which the Landlord may suffer and sustain by reason of the failure of Tenant to remove the same. Tenant further acknowledges that any violation of the foregoing requirement by Tenant will jeopardize Landlord's bond financing for the Building project of which the leased premises is a part and could likely cause Landlord to suffer and incur substantial monetary damage or injury to which Tenant would be liable.

Appears in 1 contract

Sources: Lease Agreement (Startec Global Communications Corp)

Alterations. Sublessee A. Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in Premises (including but not limited to roof and wall penetrations) without the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld or delayed. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixture 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 the Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises that 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 conditions. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the Premises B. Tenant shall remove any sumps and clarifiers and any related Hazardous Materials ("Hazardous Materials" shall mean petroleum and petroleum products, asbestos, and PCBs 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 as "hazardous wastes" or as "hazardous substances" in the Washington Health and Safety Code or Labor Code, and "hazardous" or "toxic" in the regulations adopted or publication promulgated pursuant to any of said laws) in or about the Premises and associated with ▇▇▇▇▇▇'s use and occupancy thereof upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Gargoyles Inc)

Alterations. Sublessee All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall at its own expense, make, or procure become the making of, such alterations property of Landlord and modifications in shall remain upon and additions to be surrendered with the Airframe and Engines leased premises as may be required from time to time to meet a part of thereof on the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4lease. Such alterations, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgageadditions, and shall forthwith improvements may only be deemed Part of made with the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. If consent is granted for the making of improvements or delayedalterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the leased premises, in connection with the making of such improvements or alterations. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made, Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon termination of this lease, Tenant shall remove or cause to be removed from the roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and condition, natural deterioration only excepted. Any damage caused by the installation or removal of trade fixtures shall be repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be made in good and workmanlike manner.

Appears in 1 contract

Sources: Commercial Lease (Allquest Com Corp)

Alterations. Sublessee Tenant shall not make any alterations or improvements to the Premises (including but not limited to roof and wall penetrations) without prior written consent of Landlord, which consent may be granted or denied in Landlord's sole discretion, and then only by contractors and in such manner and with such materials as may be approved by Landlord in Landlord's sole discretion. Notwithstanding the foregoing, Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner erect such shelves, makebins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the Building and without overloading or procure damaging the making ofBuilding and in each case complying 9 with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the Termination Date or upon earlier vacating of the Premises; provided however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the Termination Date or upon earlier vacating of the Premises and additions shall be delivered up to the Airframe Landlord with the Premises. All shelves, bins, machinery and Engines as trade fixtures installed by Tenant may be required from time removed by Tenant prior to time to meet the standards Termination Date if Tenant so elects, and shall be removed by the Termination Date or upon earlier vacating of the Aviation Authority or Premises if required by Landlord; upon any Government Entity having jurisdiction such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in any countrygood workmanlike manner so as not to damage the Building. Any such shelves, statebins, county machinery and trade fixtures or other political subdivision property of Tenant which shall remain in or over which the Aircraft is flown or Premises after the FAA and any mandatory or recommended service bulletins of the Manufacturer. In additionTermination Date, Sublessee may, at its own expensethe option of Landlord, from time be deemed to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgagehave been abandoned, and in such case such items may be retained by Landlord, without accountability and in such manner as Landlord shall forthwith be deemed Part determine, at Tenant's expense including all costs of the Airframe or selling, disposing, removing and storing such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedproperty.

Appears in 1 contract

Sources: Lease (Ecc International Corp)

Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in Premises (including but not limited to roof and wall penetrations) without the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. In the event Landlord consents to the making of any such alterations, additions or delayedimprovements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. Notwithstanding the foregoing sentence, all shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the Premises if required by Landlord. Upon any such removal Tenant shall restore the Premises to their original condition (normal wear and tear excepted). All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the Premises.

Appears in 1 contract

Sources: Warehouse Lease Agreement (Radiant Systems Inc)

Alterations. Sublessee A. Tenant shall not make any alterations, additions or improvements to the premises including but not limited to roof and wall penetrations without the prior written consent of Landlord (13). Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner make such minor alterations, makeadditions or improvements or erect, remove or alter such partitions, or procure erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the making ofbasic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination or expiration of this lease; provided, however, that if Landlord so elects prior to termination or expiration of this lease, such alterations alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the date of termination or expiration of this lease and additions shall be delivered up to the Airframe Landlord with the premises. All shelves bins, machinery and Engines as trade fixtures installed by Tenant may be removed by Tenant prior to the termination or expiration of this lease if Tenant so elects, and shall be removed if required from by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the premises. (14) B. Before commencing any work relating to alterations, additions and improvements affecting the premises, Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall then have the right at any time and rom time to time to meet post and maintain on the standards premises such notices as Landlord deems necessary to protect the premises and Landlord from mechanics' liens, materialmen's liens or any other liens. At any time Tenant either desires or is required to make any repairs, alterations, additions, improvements or utility installations pertaining to the premises, Landlord may require Tenant, at Tenant's sole cost and expense, to obtain and provide to Landlord a lien and completion bond in a form and by a surety acceptable to Landlord in an amount equal to the estimate cost of (15) such improvements, to insure Landlord against liability for mechanics' and materialmen's liens and to insure completion of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedwork.

Appears in 1 contract

Sources: Lease Agreement (Park Electrochemical Corp)

Alterations. Sublessee Tenant shall at its own expense, make, have the right to make alterations or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, makePremises, or procure construct additional improvements on the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner TrusteePremises, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld, conditioned or delayed; provided, however, that Landlord's prior written consent will not be necessary for any alteration, addition, or improvement of a cosmetic and non-structural nature. All work shall be made with due diligence, in a good and workmanlike manner and in compliance with all laws, ordinances, orders, rules, regulations, certificates of occupancy, or other governmental requirements, and provided 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, fixtures, and improvements, whether temporary or permanent in character, made to the Premises by Tenant, will immediately vest in Landlord at the end of the Term of this Lease and will remain on the Premises without compensation to Tenant. Notwithstanding anything to the 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 if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal, Tenant shall repair the 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 the Building. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the primary structure or structural qualities of the Buildings and other improvements situated on the Premises.

Appears in 1 contract

Sources: Office Lease Agreement (F5 Networks Inc)

Alterations. Sublessee Sub-subtenant shall at its own expensemake no changes in or to the Leased Premises without obtaining Landlord’s prior written consent. Subject to the prior written consent of Landlord, makeand to the provisions of this Article 8, Sub-subtenant may make alterations, installations, additions or procure improvements which do not affect the making ofstructure of the Premises or the Leased Premises or their utility services or plumbing and electrical lines, such alterations and modifications provided same are in and additions affect only the interior of the Leased Premises, using contractors or mechanics first approved in writing by Landlord. All fixtures, all electrical items and all paneling, partitions, railings and like installations installed in the Leased Premises at any time, either by Sub-subtenant or by Landlord on Sub-subtenant’s behalf, shall become the property of Landlord and shall remain upon and be surrendered with the Leased Premises unless Landlord, by notice to Sub-subtenant no later than thirty (30) days prior to the Airframe and Engines Lease Termination Date or before sixty (60) days after the expiration of this Lease, elects to have them removed by Sub-subtenant, in which event the same shall be removed from the Leased Premises by Sub-subtenant forthwith. Nothing in this Article 8 shall be construed to prevent Sub-subtenant’s removal of trade fixtures, but upon removal of any such trade fixtures from the Leased Premises or upon removal of other installations as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any countryby Landlord, state, county or other political subdivision in or over which the Aircraft is flown or the FAA Sub-subtenant shall immediately and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure expense repair and restore the making of, such alterations and modifications in and additions including the making of any improvements Leased Premises to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately existing prior to installation, and shall repair any damage to the Leased Premises due to such alteration, modification, addition removal. All property permitted or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained removed by Sub-subtenant at the terms end of the Term remaining in the Leased Premises after Sub-subtenant’s removal shall be deemed abandoned and may be removed from the Leased Premises by Landlord at Sub-subtenant’s expense, which right of Landlord shall survive the expiration of this AgreementLease. Title Sub-subtenant shall, before making any alterations, additions, installations or improvements, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall promptly deliver duplicates of all such permits, approvals and certificates to Landlord; and Sub-subtenant agrees to carry such workers’ compensation, general liability, personal and property damage insurance as Landlord may reasonably require. Sub-subtenant agrees to obtain and deliver to Landlord written and unconditional waivers of lien upon the real property of which the Leased Premises form a part, for all Parts incorporated or installed work, labor and services to be performed and materials to be furnished in or attached or added to the Airframe or any connection with such Engine as the result of work, signed by all contractors, subcontractors, materialmen and laborers who become involved in such alteration, modification or addition work. The work shall be vested done in Owner Trusteea good and workmanlike manner and in compliance with all applicable law, subject to the Mortgageordinances, codes, governmental rules, regulations and requirements, and shall forthwith be deemed Part in accordance with the standards, if any, of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to Board of Fire Underwriters the Aircraft or to reimburse Sublessee for jurisdiction of which includes the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedLeased Premises.

Appears in 1 contract

Sources: Sub Sublease (Perfumania Holdings, Inc.)

Alterations. Sublessee 8.01 (A) Tenant shall at its own expensemake no decoration, makealteration, addition or procure improvement in the making Premises, without the prior written consent of Landlord, and then only by contractors or mechanics and in such manner and time, and with such materials, as reasonably approved by Landlord (notwithstanding the foregoing, however, Landlord’s prior negative experience with, concerns regarding the financial stability of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory criminal proceedings pending against, any such contractor or recommended service bulletins of the Manufacturermechanic shall be deemed to be a reasonable basis upon which for Landlord to refuse to grant its approval). In additionAll alterations, Sublessee may, at its own expense, from time to time, make, additions or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable Premises, including air-conditioning equipment and duct work, except movable office furniture and trade equipment installed at the expense of Tenant, shall, unless Landlord elects otherwise in writing, become the proper conduct property of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageLandlord, and shall forthwith be deemed Part surrendered with the Premises, at the expiration or sooner termination of the Airframe or term of this Lease. Any such Engine. Neither Owner Trusteealterations, Lender nor Sublessor additions and improvements which Landlord shall designate, shall be required under removed by Tenant and any circumstances to pay directly for any alterationdamage repaired, modification or addition at Tenant's expense, prior to the Aircraft expiration of this Lease, unless written request has been made by Tenant at the time of Tenant’s request for Landlord’s approval of the installation of such item(s) by means of the following sentence in capital letters: TENANT REQUESTS THAT LANDLORD NOTIFY TENANT TOGETHER WITH LANDLORD’S CONSENT TO THE ENCLOSED TENANT'S PLANS WHETHER LANDLORD REQUIRES ANY ALTERATION SHOWN ON THE ENCLOSED PLANS TO BE REMOVED FROM THE PREMISES AT THE EXPIRATION OR SOONER TERMINATION OF THE TERM. IF LANDLORD SHALL FAIL TO RESPOND HERETO AT THE TIME OF LANDLORD’S CONSENT TO SUCH ALTERATION AND RESERVE SUCH RIGHT, THEN LANDLORD SHALL BE DEEMED TO HAVE WAIVED LANDLORD’S RIGHT TO REQUIRE SUCH ALTERATION TO BE REMOVED AT THE END OF THE TERM. Landlord elects by notice to Tenant in response thereto to relinquish Landlord's right thereto and to have them removed by Tenant, in which case, the item(s) shall be removed from the Premises by Tenant, and any resulting damage to the Premises or the Building repaired by Tenant, at Tenant's expense, prior to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedexpiration of the Lease.

Appears in 1 contract

Sources: Lease Agreement (Fusion Telecommunications International Inc)

Alterations. Sublessee Tenant shall at its own expensenot make any major alterations, makeadditions, or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in Premises without the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld or delayed. Tenant may, without the consent of Landlord, but at Tenant's own cost and expense and in a good, workmanlike manner, make such minor alterations, additions, or improvements or erect, remove, or alter such partitions, or erect such shelves, bins, machinery, and trade fixtures as it may deem advisable, without altering the basic character of the Building or improvements, without affecting the structural or loadbearing elements of the Building or improvements, without overloading or damaging such Building or improvements or any utility systems servicing same, and without interference to the other occupants of the Building or any other of Landlord's tenants, and in each case complying with all applicable governmental laws, ordinances, regulations, and other requirements. At the termination of this lease, Tenant shall, if Landlord so elects, and at Tenant's sole cost and expense, remove all alterations, additions, improvements, and partitions erected by Tenant and restore the Premises to their original condition; otherwise, such improvements shall be delivered to Landlord with the Premises. All shelves, bins, machinery, and trade fixtures installed by Tenant may be removed by Tenant at the termination of this lease, if Tenant so elects, so long as no event of default by Tenant is then in existence, and shall be removed if required by Landlord. All such removals and 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 Premises. 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

Sources: Lease Agreement (Si Diamond Technology Inc)

Alterations. Sublessee Tenant shall make no changes in or to the demised premises of any nature without Landlord’s prior written consent subject to the prior written consent of Landlord, and to the provisions of this Article. Tenant at its own Tenant’s expense, makemay make alterations, installations, additions or procure the making of, such alterations improvements which are non-structural and modifications which do not affect utility services or plumbing and electrical lines in and additions or to the Airframe interior of the demised premises by using contractors or mechanics first approved by Landlord. All fixtures and Engines all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant’s behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord’s right thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant’s expense. Nothing in this Article shall be construed to give Landlord title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required from time by Landlord, Tenant shall immediately and at its expense, repair and restore the premises to time the condition existing prior to meet installation and repair any damage to the standards demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the Aviation Authority or any Government Entity having jurisdiction term remaining in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA premises after Tenant’s removal shall be deemed abandoned and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at the election of Landlord, either be retained as Landlord’s property or may be removed from the premises by Landlord at Tenant’s expense. Tenant shall, before making any alterations, additions, installations or improvements, at its own expense, from time obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to timeLandlord and Tenant agrees to carry and will cause Tenant’s contractors and sub-contractors to carry such ▇▇▇▇▇▇▇’▇ compensation, makegeneral liability, personal and property damage insurance as Landlord may require. If any mechanic’s lien is filed against the demised premises, or procure the making ofbuilding of which the same forms a part, such alterations and modifications in and additions including the making of any improvements for work claimed to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000have been done for, or alter materials furnished to, Tenant, whether or not done pursuant to this Article, the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition same shall be vested in Owner Trusteedischarged by Tenant within ten days thereafter, subject to at Tenant’s expense, by filing the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be bond required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedby law.

Appears in 1 contract

Sources: Office Lease Agreement (Harris Interactive Inc)

Alterations. Sublessee shall at 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 own expenseconsent to such alterations, makebut assumes no liability or responsibility and makes no representation or warranty as to the feasibility of the alterations, the ability to complete the alterations within budgeted costs, the qualifications of the shipyard to perform the alterations, or procure the making ofability of Charterer to obtain Coast Guard and classification society approvals required for the certification of the altered Vessel for any purpose, including Charterer's intended use and operation of the Vessel. Owner and Charterer agree that the costs of such alterations and modifications in and additions shall be paid solely to the Airframe 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 Engines 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 excuse Charterer from its obligation hereunder including its obligation to pay monthly Charter Hire as may be required from set forth in Article 3 and this Charter will continue in full force and effect regardless of any such failure hereunder. B. From time to time to meet the standards after delivery of the Aviation Authority Vessel into the Charterer's service, the Charterer may make structural and other alterations to the Vessel, its machinery, or any Government Entity having jurisdiction in any countryelectrical equipment, stateonly with Owner's prior written approval, county which shall not be unreasonably withheld, provided the alterations to the Vessel and its equipment are returned to their original state at or other political subdivision in or over which prior to the Aircraft is flown or the FAA termination of this Charter and any mandatory or recommended service bulletins Redelivery of the ManufacturerVessel to Owner. Owner, however, has the option to retain any alterations made by Charterer at a mutually agreed price. In addition, Sublessee mayleased equipment may be placed on board the Vessel by the Charterer. At the time of Redelivery, the Owner has the right at its own expenseOwner'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, from time Charterer shall have the right to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engineremove same upon Redelivery, provided that no such alterationif Owner desires to retain the equipment on board the Vessel, modificationit 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, addition or removal and, if required, the U. S. Coast Guard. Notwithstanding anything to the contrary contained in this Charter, Charterer shall cost over US$ 200,000not 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), or alter of even date herewith, between Owner, as Lessor, and Charterer, as Lessee, without the fundamental nature prior written approval of Owner. C. Charterer shall have the Aircraft as a passenger carrying aircraftright to paint its own house colors thereon at Charterer's expense and on its time, or change its original type design or configuration, or materially diminish provided Charterer changes the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition colors and airworthiness thereof immediately markings back prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in Redelivery at its expense. Charterer shall have the condition and repair required right to be maintained by rename the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageVessel, and shall forthwith be deemed Part pay for all associated costs therefor. Prior to Redelivery, Charterer shall rename the 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 Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor Charterer's trademark following Redelivery. D. The Vessel shall be required under any circumstances 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 pay directly for any alterationCharterer from the shipyard upon completion of the alterations set forth in Exhibit C hereto, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayednormal wear and tear excepted.

Appears in 1 contract

Sources: Bareboat Charter and Option to Purchase (International Thoroughbred Breeders Inc)

Alterations. Sublessee Tenant shall at its own expensebe permitted to make alterations within the Premises without Landlord’s consent, make, or procure the making of, provided that such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards do not affect structural components of the Aviation Authority Building, do not involve full wall partitioning (including roof penetration) or any Government Entity having jurisdiction in any countrydo not affect the mechanical, stateelectrical, county or heating, ventilation and air-conditioning, plumbing, life safety, and other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In additionBuilding systems, Sublessee may, at its own expense, from time to time, make, or procure the making of, provided such alterations cost less than Twenty Thousand and modifications in and 00/100 Dollars ($20,000) (the “Permitted Alterations”). Except for Permitted Alterations, Tenant shall not make any alterations, additions including the making of any or improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, Premises (including, removal of Parts (for purposes of this Clause 16.4without limitation, Obsolete Partsthe roof and wall penetrations) which Sublessee deems obsolete or no longer suitable or appropriate for use in without the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld, conditioned, or delayed. If Landlord shall consent to any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord’s and Tenant’s insurance policies and only in accordance with plans and specifications approved by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord (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 to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Building.

Appears in 1 contract

Sources: Lease Agreement (Cyberguard Corp)

Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner erect such shelves, makebins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or procure improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the making ofproperty of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease and Tenant shall, unless however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and additions shall be delivered up to the Airframe Landlord with the premises. All shelves, bins, machinery and Engines as trade fixtures installed by Tenant may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements removed by Tenant prior to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgagelease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this lease or upon earlier vacating of the Airframe or premises if required by Landlord; upon any such Engineremoval Tenant shall restore the premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in a good workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural qualities of the Aircraft or to reimburse Sublessee for buildings and other improvements situated on the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedpremises.

Appears in 1 contract

Sources: Lease Agreement (Comfort Systems Usa Inc)

Alterations. Sublessee (a) Tenant shall make no alterations or changes, structural or otherwise, to any part of the Premises, either exterior or interior, without Landlord's written consent. In the event of any such approved changes, Tenant shall have all work done at its own expense. Request for such consent shall be accompanied by plans stating in detail precisely what is to be done. Notwithstanding the foregoing to the contrary, makeTenant may make non-structural, cosmetic alterations to the interior of the Premises with Landlord's written consent which shall not be unreasonably withheld. Tenant shall comply with the building codes, regulations and laws now or procure hereafter to be made or enforced in the municipality, county and/or state, which pertain to such work. Any additions, improvements (made after the initial improvements to the Premises), alterations and/or installations made by Tenant (except only office furniture, business equipment and trade fixtures including, but not limited to, wet laboratories, cabinetry, benches and scientific equipment; provided Tenant shall repair any damage to the Premises upon removal of same) shall become and remain a part of the Building and be and remain Landlord's property upon the termination of Tenant's occupancy of said Premises; provided, however, Landlord shall notify Tenant, at the time Tenant requests Landlord's approval to make alterations, that Landlord will or will not require Tenant to remove the proposed alterations from the Premises upon the expiration or earlier termination of this Lease. If Landlord requires Tenant to remove such alterations as aforesaid, Tenant shall remove same, repair any damage to the Premises upon removing same, and restore the Premises to the condition the Premises were in upon delivery of same to Tenant, at Tenant's sole cost and expense, ordinary wear and tear and damage due to casualty not required to be repaired by Tenant excepted. Tenant shall save Landlord harmless from and against all expenses, liens, claims or damages to either property or person which may or might arise by reason of the making ofof any such additions, such improvements, alterations and/or installations. Landlord reserves the right, subject to Articles 22 and modifications in and additions 52, to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority change, increase or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expensereduce, from time to time, makethe number, composition, dimensions or procure the making of, such alterations and modifications in and additions including the making location of any improvements parking areas, signs, the Building name, service areas, walkways, roadways or other common areas or make alterations or additions to the Airframe Building, in its sole discretion. Landlord's approval of Tenant's plans and specifications under this Article 9 or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes other provisions of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete Lease is solely for the purpose of ascertaining whether Tenant's proposed alterations will have an adverse impact on the structural components or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature Common Facilities of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish Building and to insure the value or utility aesthetic and architectural harmony of the Airframe or any such Engine, or impair Tenant's proposed alterations with the condition or airworthiness thereof, below remainder of the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required Building. No approval of plans by Landlord shall be deemed to be maintained a representation or warranty by Landlord that such plans or the terms of this Agreement. Title to all Parts incorporated work provided for therein will comply with applicable codes, laws or installed regulations or be in conformance with any insurance or attached other requirements which affect the Premises or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageBuilding, and Tenant shall forthwith be deemed Part have the sole responsibility of the Airframe or complying with all such Enginerequirements notwithstanding Landlord's approval of Tenant's plans. (b) NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT UPON CREDIT, AND THAT NO MECHANICS' OR OTHER LIEN FOR ANY SUCH LABOR OR MATERIALS SHALL ATTACH TO OR AFFECT THE ESTATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE BUILDING. Neither Owner TrusteeWHENEVER AND AS OFTEN AS ANY LIEN ARISING OUT OF OR IN CONNECTION WITH ANY WORK PERFORMED, Lender nor Sublessor shall be required under any circumstances to pay directly for any alterationMATERIALS FURNISHED OR OBLIGATIONS INCURRED BY OR ON BEHALF OF TENANT SHALL HAVE BEEN FILED AGAINST THE PREMISES OR THE BUILDING, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentOR IF ANY CONDITIONAL ▇▇▇▇ OF SALE SHALL HAVE BEEN FILED FOR OR AFFECTING ANY MATERIALS, which consent shall not be unreasonably withheld or delayedMACHINERY OR FIXTURES USED IN THE CONSTRUCTION, AV-BTRL6.LSE MVD-5/6/97 REPAIR OR OPERATION THEREOF, OR ANNEXED THERETO BY TENANT, TENANT SHALL FORTHWITH TAKE SUCH ACTION BY BONDING, DEPOSIT OR PAYMENT AS WILL REMOVE OR SATISFY THE LIEN OR CONDITIONAL ▇▇▇▇ OF SALE WITHIN TEN (10) DAYS OF LANDLORD'S WRITTEN REQUEST THEREFOR.

Appears in 1 contract

Sources: Office Lease (Boston Biomedica Inc)

Alterations. Sublessee Tenant shall at its own expensemake no alterations, makeinstallations, additions, or procure improvements (herein collectively called "Alterations") in, or to, the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown Demised Premises or the FAA and any mandatory Building, structural or recommended service bulletins of the Manufacturer. In additionotherwise, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessorwithout Landlord's prior written consent. Tenant, at its sole cost and expense, must provide Landlord with a copy of the full mechanical and electrical plans for the floor (or floors) of the Demised Premises on which the Alterations are being made, revised by the Building architect and engineers, showing the Alterations proposed by Tenant for Landlord's approval. If any such Alterations are made without the prior written consent of Landlord, Landlord may correct or remove the same, and Tenant shall be liable for any and all expenses incurred by Landlord in the performance of such work. All Alterations shall be at Tenant's sole expense, shall comply with all laws, rules, orders, and regulations of governmental authorities having jurisdiction thereof, and shall be made at such times, and in such manner, as Landlord determines will not unreasonably interfere with the use of the Building by other Tenants and their respective demised premises. All Alterations shall be made only by such contractors or mechanics as are previously approved in waiting by Landlord. Such approval by Landlord shall not be unreasonably withheld or delayed. Approval of contractor(s) or mechanic(s) by Landlord shall be based upon the contractor(s) or mechanic(s) being properly licensed, their financial posture, experience, and past job performance. Tenant shall pay prevailing wages to all contractor(s) and mechanic(s). Unless stipulated otherwise by the Landlord at the time approval of improvements to be made is granted, Tenant shall not be required to remove any improvements made to the Premises. All Alterations to the Demised Premises, whether made by Landlord or Tenant, and whether at Landlord's or Tenant's expense, or the joint expense of Landlord and Tenant, shall be and remain the property of Landlord. Landlord, at the expiration of the Term or any renewal or extension thereof, may elect to require Tenant to remove all, or any part of, the Alterations made by the Tenant, subsequent to the Term Commencement Date, unless Landlord agrees in writing not to require the removal of an Alteration at the time Landlord consents to the Alteration. Removal of Tenant's Property and Alteration shall be at Tenant's sole cost and expense and Tenant shall, at its sole cost and expense, repair any damage to the Demised Premises or the Building caused by such removal. In the event Landlord does not so elect, and Tenant does not remove Tenant's Property, it shall become property of Landlord. In the event Tenant fails to remove Tenant's property or the Alterations requested to be removed by Landlord, on or before, the expiration of the Term or any extension or renewal thereof, then, and in such event, the Landlord may remove Tenant's Property and Alteration from the Demised Premises at Tenant's sole cost and expense, and the Tenant hereby agrees to reimburse the Landlord for the cost and expense of such removal, together with any and all damages which the Landlord may suffer and sustain by reason of the failure of Tenant to remove the same. Tenant further acknowledges that any violation of the foregoing requirement by Tenant will jeopardize Landlord's bond financing for the Building project of which the Demised Premises is a part and could likely cause Landlord to suffer and incur substantial monetary damage or injury for which Tenant would be solely and exclusively liable.

Appears in 1 contract

Sources: Lease (Startec Global Communications Corp)

Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in good workmanlike manner erect such shelves, makebins, machinery, and trade fixtures as it may deem advisable, without altering the basic character of the building or procure improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements, and partitions erected by Tenant shall be and remain the making ofproperty of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and paid for by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of premises, such alterations alterations, additions, improvements, and modifications in partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and additions shall be delivered up to the Airframe Landlord with the premises. All shelves, bins, machinery and Engines as trade fixtures installed by Tenant may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements removed by Tenant prior to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgagelease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this lease or upon earlier vacating of the Airframe or premises if required by Landlord; upon any such Engineremoval Tenant shall restore the premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in a good workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural qualities of the Aircraft or to reimburse Sublessee for buildings and other improvements situated on the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedpremises.

Appears in 1 contract

Sources: Lease Agreement (Luminex Corp)

Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, Premises (including, removal of Parts (for purposes of this Clause 16.4but not limited to, Obsolete Partsroof and wall penetrations) which Sublessee deems obsolete or no longer suitable or appropriate for use in without the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. If Landlord consents to Tenant's contractors doing the work, Landlord may require, at Landlord's sole option, that Tenant provide, at Tenant's expense, a lien and completion bond in an amount equal to one, and one half (1-1/2) times any and all estimated costs of improvements, additions or delayedalterations in the Premises to insure Landlord against any liability for mechanic's and materialmen's liens which may arise in accordance with Paragraph 23 of this Lease Agreement and to insure completion of the work. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, equipment, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging the building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements, and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions, improvements, and partitions (other than shelves, bins, equipment, machinery, and trade fixtures) shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All shelves, bins, equipment, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord. Upon any such removal, Tenant shall restore the Premises to their original condition which existed at the time of Tenants occupancy, reasonable wear and tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the Premises. It is understood that building sprinkler systems are not required by law or ordinance at this time; however, if such a system is required by ordinance or building code, it will be installed at Landlord's expense.

Appears in 1 contract

Sources: Lease Agreement (Industrial Data Systems Corp)

Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe Premises, unless the same have been approved by Landlord, in writing. Landlord agrees not to unreasonably withhold, qualify or delay its approval of any Engine as Sublessee alterations, additions or improvements that Tenant proposes to make to the Premises, except Landlord may deem desirable withhold its approval, in its sole and absolute discretion, of alterations, additions or improvements that affect the exterior, plumbing system, electrical system, roof, foundation or the structural components of the Premises or the Project. All alterations, additions and improvements to the Premises must be made by Tenant in a good and workmanlike manner, using new materials, and must comply with Applicable Laws. Prior to making any alterations, additions or improvements to the Premises, Tenant shall (i) obtain Landlord’s written approval of the plans and specifications for such alterations, additions or improvements, and (ii) furnish Landlord with reliable evidence that Tenant has sufficient funds to complete such alterations, additions or improvements. Any such permitted alterations, additions or improvements must be constructed or installed by the contractor designated by Landlord, and Tenant shall pay Landlord an oversight fee in an amount equal to five percent (5%) of the cost of such work. All alterations, additions and improvements to the Premises must be made by Tenant in a good and workmanlike manner, using new materials, and must comply with Applicable Laws. Any work performed by the Tenant shall not interfere with the other tenants in the proper conduct Building. Tenant’s alterations, additions and improvements to the Premises shall remain and become the property of its business, including, removal of Parts (for purposes Landlord upon the expiration or earlier termination of this Clause 16.4Lease, Obsolete Parts) which Sublessee deems obsolete unless Landlord requires that Tenant remove the same as provided in Article 15. In the event that Landlord consents, in writing, to Tenant installing any facilities on or no longer suitable or appropriate for use in making any alterations to the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature roof of the Aircraft Building, Tenant shall: (i) not void, violate or limit any roof warranty; (ii) follow the roof manufacturer’s recommendations and requirements; and (iii) ensure the installation or alteration does not damage or exceed the load bearing capacity of the roof. If any warranty covering the roof is voided or limited as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alterationTenant’s acts, modification installations or addition alterations, Tenant shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee Landlord for the cost thereofof all repairs and damages that would have been covered by such warranty had the same not been so voided or limited. Any other alterations other than those permitted according Tenant shall require any contractor of Tenant employed pursuant to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedthis section to maintain all insurance reasonably required by Landlord.

Appears in 1 contract

Sources: Lease Agreement (Franklin Financial Network Inc.)

Alterations. Sublessee All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall at its own expense, make, or procure become the making of, such alterations property of Landlord and modifications in shall remain upon and additions to be surrendered with the Airframe and Engines as may be required from time to time to meet leased premises us a part thereof on the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4lease. Such alterations, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgageadditions, and shall forthwith improvements may only be deemed Part of made with the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, consent of Landlord which consent shall not be unreasonably withheld withheld. If consent is granted for the making of improvements or delayedalterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting landlord from liability for injury to any person and damage to any personal property, on or off 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 termination of this lease, Tenant shall deliver the leased premises in good order and condition, natural deterioration only excepted. Any damage caused by the installation or removal of trade fixtures shall be repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be made in good and workmanlike manner.

Appears in 1 contract

Sources: Commercial Lease (Decorize Inc)

Alterations. Sublessee After construction of the Building by Landlord and completion of fixtures and interior improvements by Tenant, Tenant shall at its own expensenot make alterations in or additions to the Building unless Tenant has obtained Landlord's written permission to do so, makeand subject to Tenant's not being in default hereunder and subject to furnishing Landlord with acceptable plans and specifications, the names and addresses of contractors, copies of contracts, necessary permits and indemnifications as requested by the Landlord and lien waivers as to any and all claims, costs, liabilities, and expenses which may arise in connection with said alterations or procure additions. As a further condition to Landlord's consent to said alterations or additions, Tenant shall advise all subcontractors, suppliers, materialmen, and laborers that they shall not have the making ofright to file a Mechanic's Lien against the Building and property owned by the Landlord. Whether the Tenant furnished the Landlord the foregoing or not, the Tenant hereby agrees to hold the Landlord harmless from any and all liabilities of every kind and description which may arise out of or be conducted in any way with said alterations or additions. Before commencing any work in connection with alterations or additions, the Tenant, if requested by Landlord, shall furnish the Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring the Landlord against any and all liabilities which may arise out of or be connected in any way with said additions or alterations. The Tenant shall pay the cost of all such alterations and modifications in additions and also the cost of decorating the Premises occasioned by such alterations and additions. Upon completing any alterations or additions, the Tenant, if requested by Landlord, shall furnish the Landlord with contractors' affidavits and full and final waiver of lien and receipted bills covering all labor and material expended and used. All alterations and additions to the Airframe shall comply with all insurance requirements and Engines as may be required from time to time to meet the standards with all relevant laws, ordinances, or regulations of the Aviation Authority or any Government Entity having jurisdiction in any countrymunicipalities, counties, state, county and other governmental units or departments and agencies thereof. All alterations and additions shall be constructed in a good and workmanlike manner and only good grades of materials shall be used. All additions, excepting removable fixtures other political subdivision in than light fixtures, shall become the Landlord's property and shall remain upon the Premises at the termination of this Lease by lapse of time or over otherwise without compensation or allowance or credit to the Tenant. If the Tenant does not remove the Tenant's fixed furniture, equipment, machinery, fixtures, and all other items of personal property of every kind and description from the Premises prior to the end of the term, however ended, which the Aircraft Tenant does not have the right to remove if it is flown in default hereunder, then Tenant shall conclusively presumed to have conveyed the same to the Landlord under this Lease as a bill ▇▇ sale without further payment or credit by Landlord to the FAA and Tenant. All structural changes made by Tenant shall be restored to their original condition at the Tenant's expense if Landlord so requests. Tenant's violation of any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations terms and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes conditions of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal numbered paragraph 13 shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as constitute a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayeddefault hereunder.

Appears in 1 contract

Sources: Lease Agreement (Urosurge Inc)

Alterations. Sublessee Lessee shall at its own expense, make, or procure not make any alterations without the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Lessor, which said consent shall not to be unreasonably withheld or delayed.. All alterations, additions, fixtures, improvements, *****Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. and partitions erected by Lessee shall be and remain the property of lessee during the term of this Lease and shall become the property of Lessor as of the date of termination of this Lease, or upon earlier vacating of the Premises, and title shall pass to Lessor under this Lease as by a ▇▇▇▇ of sale. Provided Lessee is not in default or otherwise indebted to Lessor, all movable office furniture, shelves, bins, equipment and trade fixtures installed by Lessee may be removed by the Lessee prior to the termination of this Lease, if the Lessee so elects, and shall be removed by the date of termination of the Lease or upon earlier vacating of the Premises if required by Lessor. For purposes of this Paragraph, the term “equipment and trade fixtures” shall not include HVAC, electrical, or plumbing components (including, but not limited to, air conditioning systems or electrical transformers, panels and transfer switches) or any other similar items, which would generally be installed in or affixed permanently to the Premises or Building. Upon any such removal Lessee shall restore the Premises to its original condition, ordinary wear and tear excepted. All such removals and restorations shall be accomplished in a good ▇▇▇▇▇▇▇ like manner so as not to damage the primary structure, roof or structural qualities of the building and other improvements within which the Premises are situated. In no event shall Lessor be required to (i) compensate Lessee for alterations, additions, improvements or partitions erected by Lessee on or within the Premises, or (ii) compensate Lessee for shelves, bins, equipment and trade fixtures installed by Lessee on or within the Premises and which are not removed by Lessee at Lease termination or early vacation or the Premises by Lessee. Prior to commencing any work or installing any equipment in excess of ***** in, on or about the Premises, Building or Property, Lessee shall:

Appears in 1 contract

Sources: Business Lease (Spirit Airlines, Inc.)

Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner erect such shelves, makebins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or procure improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the making ofproperty of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and additions shall be delivered up to the Airframe Landlord with the premises. All shelves, bins, machinery and Engines as trade fixtures installed by Tenant may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements removed by Tenant prior to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgagelease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this lease or upon earlier vacating of the Airframe or premises if required by Landlord; upon any such Engineremoval Tenant shall restore the premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in a good workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural qualities of the Aircraft or to reimburse Sublessee for buildings and other improvements situated on the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedpremises.

Appears in 1 contract

Sources: Lease Agreement (Cd Warehouse Inc)

Alterations. Sublessee Tenant shall at its own expense, make, have the right to make alterations or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, makePremises, or procure construct additional improvements on the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner TrusteePremises, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld, conditioned or delayed; provided, however, that Landlord's prior written consent will not be necessary for any alteration, addition, or improvement of a cosmetic and non-structural nature. All work shall be made with due diligence, in a good and workmanlike manner and in compliance with all laws, ordinances, orders, rules, regulations, certificates of occupancy, or other governmental requirements, and provided 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, fixtures, and improvements, whether temporary or permanent in character, made to the Premises by ▇▇▇▇▇▇, will immediately vest in Landlord at the end of the Term of this Lease and will remain on the Premises without compensation to Tenant. Notwithstanding anything to the 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 if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal, Tenant shall repair the 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 the Building. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the primary structure or structural qualities of the Buildings and other improvements situated on the Premises.

Appears in 1 contract

Sources: Office Lease Agreement

Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the Premises including, but not limited to, roof and wall penetrations, without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own expensesole cost and expense and in a good workmanlike manner, makemake cosmetic and decorative improvements to the Premises and/or erect interior improvements such as shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the Premises or improvements and without overloading or damaging the Premises or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Tenant shall not make any alterations, additions or improvements to the Premises which will contravene Landlord's policies insuring against loss or damage by fire or other hazards, including but not limited to public liability, or procure which will prevent Landlord from securing such policies from companies acceptable to Landlord. If any such alterations, additions or improvements cause the making of, such alterations and modifications in and additions rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the Airframe and Engines as may be required minimum rate from time to time applicable to meet the standards Premises for permitted uses thereof, Tenant shall pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. All alterations, additions, improvements and partitions erected by Tenant shall be and remain on the property of Tenant during the term of this Lease, and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant by the date of termination of this Lease or upon earlier vacating of the Aviation Authority Premises; provided, however, that if Landlord so elects prior to termination of this Lease or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins upon earlier vacating of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making ofPremises, such alterations alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and additions including the making of any improvements shall be delivered up to the Airframe or any Engine as Sublessee Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately be removed by Tenant prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms termination of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayed.this

Appears in 1 contract

Sources: Lease Agreement

Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions improvements to the Airframe Premises (including but not limited to roof, floor and Engines as may be required from time to time to meet wall penetrations) without the standards prior written consent of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the ManufacturerLandlord. In addition, Sublessee may, at its own expense, from time the event Landlord consents to time, make, or procure the making of, such alterations and modifications in and additions including the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. If Landlord and Tenant so agree, the alterations, additions or improvements may be made by Landlord for Tenant's account and, in such event, Tenant shall fully reimburse Landlord for the entire cost thereof, including a fee of fifteen percent (15%) of such cost to cover Landlord's overhead, within twenty (20) days after written notification of Tenant by Landlord providing Tenant with an invoice or other request (or statement). Promptly after completion of any alterations, additions, or improvements to the Airframe Premises made by Tenant, Tenant shall supply Landlord with a set of scaled and dimensioned, reproducible mylars of "as-built" plans for such alterations, additions or improvements, certified by Tenant's architect or space planner. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good and workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the Building or improvements and without overloading or damaging the Building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term and Tenant shall, unless Landlord otherwise elects as herein provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their condition, as existed after completion of the Leasehold Improvements, normal wear and tear, casualty and condemnation excepted, on or before the Lease Expiration Date or any Engine as Sublessee may deem desirable in the proper conduct sooner date of its business, including, removal of Parts (for purposes termination of this Clause 16.4Lease; provided, Obsolete Parts) which Sublessee deems obsolete however, that if Landlord so elects prior to termination or no longer suitable or appropriate for use in expiration of this Lease, such alterations, additions, improvements and partitions shall become the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature property of Landlord as of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe Lease Expiration Date or any such Enginesooner date of termination of this Lease and shall be delivered up to the Landlord with the Premises. All shelves, or impair the condition or airworthiness thereofbins, below the value, utility, condition machinery and airworthiness thereof immediately trade fixtures installed by Tenant may be removed by Tenant prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms termination of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageLease if Tenant so elects, and shall forthwith be deemed Part removed on or before the Lease Expiration Date or any sooner date of termination of this Lease if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities of the Airframe or such EngineBuilding and improvements situated in the Premises. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent Tenant shall not be unreasonably withheld required to 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 delayedimprovement 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

Sources: Lease Agreement (Synquest Inc)

Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant, account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in good workmanlike manner erect such shelves, makebins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or procure Development and without overloading the making offloor or damaging such Building or Development, such alterations and modifications in each case after complying with all applicable governmental laws, ordinances, regulations and additions other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageLease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this Lease or upon earlier vacating of the Airframe or Premises if required by Landlord; upon any such Engineremoval Tenant shall restore the Premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in a good and workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural quality of the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayed.Building,

Appears in 1 contract

Sources: Lease Agreement (BGS Acquisition Subsidiary, Inc.)

Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in premises (including but not limited to roof and wall penetrations) without the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld if the proposed alteration, addition or delayedimprovement is non-structural, is not visible from the exterior of the building and does not affect any building system. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, if Landlord so elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition, reasonable wear and tear excepted, by the date of termination of this lease or upon earlier vacating of the premises; otherwise such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition, reasonable wear and tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the premises. If requested to do so by Tenant in writing at the time Tenant requests Landlord's consent to a proposed alteration, addition or improvement, Landlord will indicate in its consent to the proposed alteration, addition or improvement (assuming that Landlord otherwise consents thereto) whether Landlord will require the removal of such alteration, addition or improvement upon the termination of this Lease. Otherwise, Landlord may elect to require Tenant to remove any alteration, addition or improvement made by Tenant to the premises, or all or any part of Landlord's Work or Tenant's Work (as provided in Paragraph 31) by giving written notice to Tenant at any time prior to termination of this lease specifying the alterations, additions and/or improvements to be removed.

Appears in 1 contract

Sources: Lease Agreement (Compucom Systems Inc)

Alterations. Sublessee shall at its own expense, make, Tenant will not make any alterations of or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet Leased Premises which cost more than $5,000 per occasion or affect the standards structure or exterior of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which BLN Office Parkwithout the Aircraft is flown or the FAA and any mandatory or recommended service bulletins prior written approval of the ManufacturerLandlord. In addition, Sublessee may, at its own expense, from time All work to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable be performed in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition Leased Premises shall be vested in Owner Trusteeperformed by competent contractors and subcontractors, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentapproved by Landlord, which consent approval shall not be unreasonably withheld by Landlord, except that Landlord may in any event condition its approval of such contractors and subcontractors on the Tenant's furnishing separate performance and payment surety bonds, or delayedother financial guaranties or deposits satisfactory to Landlord, covering any work to be performed by such contractors or subcontractors on the Leased Premises, and Landlord may, in any event, require that contractors and subcontractors normally employed by Landlord be engaged for any mechanical or electrical work and that any alterations be done by contractors or subcontractors compatible with those workmen, contractors and subcontractors employed from time to time in the BLN Office Park by Landlord. All alteration work performed by or for Tenant hereunder must be performed in such manner to avoid disruption of the BLN Office Park operations or disturbance of other tenants in the BLN Office Park. Unless Landlord requires the Tenant to restore the Leased Premises as set forth in this Lease, all alterations, additions or improvements which may be made by either of the parties hereto upon the Leased Premises, except office furnishings purchased by Tenant which may be removed without damage or destruction to the Leased Premises, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at the termination of this Lease or any extension thereof. Tenant will not permit any mechanics, laborers or materialmen's liens to stand against the Leased Premises, the Building or BLN Office Park for any labor or materials furnished to or in connection with any work performed or claimed to have been performed in, on or about the Leased Premises and will immediately remove all such liens. Tenant further agrees that, in the event Tenant fails to remove any such lien or post a bond therefore within thirty (30) days after receiving notice of such lien, Landlord may remove such lien and Tenant shall immediately reimburse Landlord upon demand for all costs and expenses, including attorneys' fees, incurred by Landlord in removing such mechanic's or materialmen's lien.

Appears in 1 contract

Sources: Lease (Adaytum Software Inc)

Alterations. Sublessee A. Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner erect such shelves, makebins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or procure improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the making ofproperty of Tenant during the Term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, to remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises, provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and additions shall be delivered up to the Airframe Landlord with the Premises. If Tenant, along with its written request to Landlord for consent to an alteration, requests Landlord to make its election as set forth above together with its written consent for an Alteration, then Landlord agrees to make such election. All shelves, bins, machinery and Engines as trade fixtures installed by Tenant may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements removed by Tenant prior to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageLease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this Lease or upon earlier vacating of the Airframe or Premises if required by Landlord; upon any such Engineremoval Tenant shall repair any damage caused by such removal. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under accomplished in good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the Premises. (See Addendum to Paragraph 8A). B. Tenant shall remove any circumstances sumps and clarifiers and any related Hazardous Materials (“Hazardous Material” shall mean petroleum and petroleum products, asbestos, and PCBs and any “hazardous substances”, “hazardous materials”, or “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 as “hazardous wastes” or as “hazardous substances” in the California Health & Safety Code or Labor Code, and “hazardous” or “toxic” in the regulations adopted or publication promulgated pursuant to pay directly for any alteration, modification of said laws) in or addition to about the Aircraft or to reimburse Sublessee for Premises and associated with ▇▇▇▇▇▇’s use and occupancy thereof upon the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedexpiration of earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in premises (including but not limited to roof and wall penetrations) without the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld or delayed. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery, and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this Lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become of property of Landlord as of the date of termination of this Lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with premises. All shelves, bins, machinery and trade fixtures, installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the premises.

Appears in 1 contract

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

Alterations. Sublessee 9.1 Tenant shall at its own expensenot make any alterations, makeadditions or improvements in or to the Premises or any part thereof, or procure the making ofattach any fixtures or equipment thereto, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessorwithout Landlord's prior written consent, which consent shall not be unreasonably withheld withheld. Notwithstanding the preceding sentence, Tenant may make such alterations, additions or delayedimprovements without Landlord's consent only if the total cost of such alterations, additions or improvements is fifty thousand dollars ($50,000) or less and such alterations, additions or improvements will not affect in any way the structural, exterior or roof elements of the Premises or mechanical, electrical, plumbing, utility or life safety systems of the Premises, but Tenant shall give prior written notice of any such alterations, additions or improvements to Landlord. In no event shall Tenant be permitted to install underground storage tanks (excepting a single 20,000 gallon water tank) or fuel systems on the Premises. Landlord's refusal to consent to the installation of an underground tank or fuel system shall be conclusively presumed to be reasonable. All alterations, additions and improvements in or to the Premises to which Landlord consents shall be made by Tenant at Tenant's sole cost and expense as follows: (a) Tenant shall submit to Landlord, for Landlord's written approval, complete plans and specifications for all work to be done by Tenant. Such plans and specifications shall be prepared by the licensed architect(s) and engineer(s), shall comply with all applicable codes, laws, ordinances, rules and regulations, shall not adversely affect the structural elements of the Premises, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the Premises, and shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. (b) Landlord shall notify Tenant in writing, within fifteen (15) Business Days after Landlord's receipt of such plans and specifications, whether Landlord approves or disapproves such plans and specifications and, if Landlord disapproves such plans and specifications, Landlord shall describe the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for Landlord's prior written approval. Tenant shall pay all costs, including the fees and expenses of the licensed architect(s) and engineer(s), in preparing such plans and specifications. (c) All changes in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approval. If Tenant wishes to make any such change in such approved plans and specifications, Tenant shall have such architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant in writing promptly whether Landlord approves or disapproves such change and, if Landlord disapproves such change, Landlord shall describe the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for such change for Landlord's written approval. After Landlord's written approval of such change, such change shall become part of the plans and specifications approved by Landlord. (d) Tenant shall obtain and comply with all building permits and other governmental permits and approvals required in connection with the work. Tenant shall, through Tenant's licensed contractor, perform the work substantially in accordance with (i) the plans and specifications approved in writing by Landlord, (ii) the permits obtained by Tenant, and (iii) all applicable codes, laws, ordinances, rules and regulations. Tenant shall pay, as additional rent, the entire cost of all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the alterations, additions and improvements. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work. (e) Tenant shall give written notice to Landlord of the date on which construction of any work will be commenced at least ten (10) days prior to such date. Tenant shall keep the Premises free from mechanics', materialmen's and all other liens arising out of any work performed, labor supplied, materials furnished or other obligations incurred by Tenant. Tenant shall promptly and fully pay and discharge all claims on which any such lien could be based or, in the event Tenant reasonably disputes the validity or amount of any such claim, Tenant may bond over such lien to Landlord's reasonable satisfaction. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord and the Premises from such liens, and to take any other action Landlord deems necessary to remove or discharge liens or encumbrances at the expense of Tenant. 9.2 All alterations, additions, fixtures and improvements, whether temporary or permanent in character, made in or to the Premises by Landlord or Tenant, shall become part of the Premises and Landlord's property excluding,

Appears in 1 contract

Sources: Purchase Agreement (Icg Funding LLC)

Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in good workmanlike manner erect such shelves, makebins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or procure Development and without overloading the making offloor or damaging such Building or Development, such alterations and modifications in each case after complying with all applicable governmental laws, ordinances, regulations and additions other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageLease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this Lease or upon earlier vacating of the Airframe or Premises if required by Landlord; upon any such Engineremoval Tenant shall restore the Premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in a good and workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural quality of the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedBuilding.

Appears in 1 contract

Sources: Lease Agreement (Manchester Equipment Co Inc)

Alterations. Sublessee Tenant shall make no changes in or to the demised premises of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this article, Tenant, at its own Tenant's expense, makemay make alterations, installations, additions or procure the making ofimprovements which are nonstructural and which do not affect utility services or plumbing and electrical lines, such alterations and modifications in and additions or to the Airframe interior of the demised premises using contractors or mechanics first approved in each instance by Landlord. All fixtures and Engines 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 from time by Landlord, Tenant shall immediately and at its expense repair and restore the premises to time the condition existing prior to meet installation and repair any damage to the standards demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the Aviation Authority or any Government Entity having jurisdiction term remaining in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA premises after Tenant's removal shall be deemed abandoned and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at the election of Landlord, either be 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 own expense, from time 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 timeLandlord an Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such work▇▇▇'▇ ▇▇▇pensation, makegeneral liability, personal and property damage insurance as Landlord may require. If any mechanic's lien is filed against the demised premises, or procure the making of, such alterations and modifications in and additions including building of which the making of any improvements same forms a part for work claimed to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000have been done for, or alter materials furnished to, Tenant, whether or not done pursuant to this article, the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition same shall be vested in Owner Trusteedischarged by Tenant within ten days thereafter, subject to at Tenant's expense, by payment or filing the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be bond required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedby law.

Appears in 1 contract

Sources: Lease Agreement (Health Management Systems Inc)

Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions improvements to the Airframe Premises (including but not limited to roof and Engines as may wall penetrations) without the prior written consent of Landlord, not to be required from time to time to meet the standards of the Aviation Authority unreasonably withheld, conditioned or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturerdelayed. In addition, Sublessee may, at its own expense, from time the event Landlord consents to time, make, or procure the making of, such alterations and modifications in and additions including the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all reasonable requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord, such consent not to be unreasonably withheld, conditioned or delayed. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this lease or upon earlier vacating of the Premises, 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 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 shall be delivered up to the Airframe or any Engine as Sublessee Landlord with the Premises Notwithstanding the foregoing sentence, all shelves, bins, machinery and trade fixtures installed by Tenant may deem desirable in be removed by Tenant prior to the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgagelease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this lease or upon earlier vacating of the Airframe or Premises if required by Landlord. Upon any such Engineremoval Tenant shall restore the Premises to their original condition, normal wear and tear excepted. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in a good workmanlike manner so as not to pay directly for any alterationdamage the primary structure or structural qualities of the building and other improvements situated on the Premises. (See Additional Provisions, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayed.Section 8)

Appears in 1 contract

Sources: Lease Agreement (Homegrocer Com Inc)

Alterations. Sublessee Tenant shall at its own expensenot make or suffer to be made any alterations, makeadditions, changes or improvements in, on, or procure the making of, such alterations and modifications in and additions to the Airframe Premises or any part thereof without the prior written consent of Landlord; and Engines as may be required from time any such alterations, additions, changes or improvements in, on, or to time to meet said Premises, except for Tenant's movable furniture and equipment shall immediately become Landlord's property and, at the standards end of the Aviation Authority or any Government Entity having jurisdiction Term hereof, shall remain on the Premises without compensation to Tenant unless Tenant elects to remove same, in any countrywhich event Tenant shall do so, state, county or other political subdivision in or over which and also restore the Aircraft is flown or the FAA Premises to its pre-existing condition at Tenant's sole cost and any mandatory or recommended service bulletins of the Manufacturerexpense. In addition, Sublessee may, at its own expense, from time the event Landlord consents to time, make, or procure the making of, such alterations and modifications in and additions including the making of any such alterations, additions, changes or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense in accordance with all applicable laws, statutes, ordinances, rules and regulations public and private and all requirements of Landlord's and Tenant's insurance policies, and in accordance with plans and specifications approved by Landlord (such approval not be unreasonably withheld, delayed or conditioned). Any contractor or person selected by Tenant to make the Airframe 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 Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (preferred estimate previously obtained by Tenant and provided to Landlord for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, improvements. Upon the expiration or alter the fundamental nature sooner termination of the Aircraft as a passenger carrying aircraftTerm herein provided, Tenant may opt to remove any improvements or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition alteration at Tenant's sole cost and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition expense and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and Tenant shall forthwith be deemed Part of and with all due diligence, at its sole cost and expense, thereupon repair and restore the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances Premises to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedtheir original condition.

Appears in 1 contract

Sources: Landlord's Consent to Second Sublease (Witness Systems Inc)

Alterations. Sublessee shall at its own expenseTenant will not make any alterations, makeadditions, or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its businesspremises without landlord's prior written consent; however, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately landlord's prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to written consent will not be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly necessary for any alteration, modification addition, or addition improvement which: (a) costs less than two thousand dollars ($2,000) including labor and materials; (b) does not change the general character of the premises, or reduce the fair market value of the premises below its fair market value prior to the Aircraft alteration, addition, or improvement; (c) is made with due diligence, in a good and workmanlike manner, and in compliance with the laws, ordinances, orders, rules, regulations, certificates of occupancy, or other governmental requirements described in paragraph 9; (d) is promptly and fully paid for by tenant; and (e) is made under the supervision of an architect or engineer reasonably satisfactory to reimburse Sublessee for landlord and in accordance with plans and specifications and cost estimates approved by landlord. Landlord may designate a supervising architect to assure compliance with the provisions of this paragraph, and if it does, tenant will pay the supervising architect's charges. Subject to tenant's rights in paragraph 14, all alterations, additions, fixtures, and improvements, whether temporary or permanent in character, made in or upon the premises by tenant, will immediately become landlord's property and at the end of the term of this lease will remain on the premises without compensation to tenant. By notice given to tenant no less than ninety (90) days prior to the end of this lease, landlord may require that any alterations, additions, fixtures, and improvements made in or upon the premises be removed by tenant. In that event, tenant will remove the alterations, additions, fixtures, and improvements at tenant's sole cost thereof. Any other alterations other than those permitted according and will restore the premises to Clause 16.5 require Sublessor's prior written consentthe condition in which they were before the alterations, which consent shall not be unreasonably withheld or delayedadditions, improvements, and additions were made, reasonable wear and tear excepted.

Appears in 1 contract

Sources: Single Tenant Building Lease (Gulf State Credit LLP)

Alterations. Sublessee After construction of the Building by Landlord and completion of fixtures and interior improvements by Tenant, Tenant shall at its own expensenot make alterations in or additions to the Building unless Tenant has obtained Landlord's written permission to do so, makeand subject to Tenant's not being in default hereunder and subject to furnishing Landlord with acceptable plans and specifications, the names and addresses of contractors, copies of contracts, necessary permits and indemnifications as requested by the Landlord and lien waivers as to any and all claims, costs, liabilities, and expenses which may arise in connection with said alterations or procure additions. As a further condition to Landlord's consent to said alterations or additions, Tenant shall advise all subcontractors, suppliers, materialmen, and laborers that they shall not have the making ofright to file a Mechanic's Lien against the Building and property owned by the Landlord. Whether the Tenant furnished the Landlord the foregoing or not, the Tenant hereby agrees to hold the Landlord harmless from any and all liabilities of every kind and description which may arise out of or be conducted in any way with said alterations or additions. Before commencing any work in connection with alterations or additions, the Tenant, if requested by Landlord, shall furnish the Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring the Landlord against any and all liabilities which may arise out of or be connected in any way with said additions or alterations. The Tenant shall pay the cost of all such alterations and modifications in additions and also the cost of decorating the Building occasioned by such alterations and additions. Upon completing any alterations or additions, the Tenant, if requested by Landlord, shall furnish the Landlord with contractors' affidavits and full and final waiver of lien and receipted bills covering all labor and material expended and used. All alterations and additions to the Airframe shall comply with all insurance requirements and Engines as may be required from time to time to meet the standards with all relevant laws, ordinances, or regulations of the Aviation Authority or any Government Entity having jurisdiction in any countrymunicipalities, counties, state, county or departments and agencies thereof. All alterations and additions shall be constructed in a good and workmanlike manner and only good grades of materials shall be used. All additions, excepting removable fixtures other political subdivision in than light fixtures, shall become the Landlord's property and shall remain upon the Building at the termination of this Lease by lapse of time or over otherwise without compensation or allowance or credit to the Tenant. If the Tenant does not remove the Tenant's fixed furniture, equipment, machinery, fixtures, and all other items of personal property of every kind and description from the Building prior to the end of the term, however ended, which the Aircraft Tenant does not have the right to remove if it is flown in default hereunder, then Tenant shall conclusively presumed to have conveyed the same to the Landlord under this Lease as a bill ▇▇ sale without further payment or credit by Landlord to the FAA and Tenant. All structural changes made by Tenant shall be restored to their original condition at the Tenant's expense if Landlord so requests. Tenant's violation of any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations terms and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes conditions of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal numbered paragraph 13 shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as constitute a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayeddefault hereunder.

Appears in 1 contract

Sources: Three Party Agreement (Urosurge Inc)

Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in premises (including but not limited to roof and wall penetrations) without the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or delayedimprovements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this Lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the premises.

Appears in 1 contract

Sources: Lease Agreement (Converse Inc)

Alterations. Sublessee After the completion of the initial Tenant Improvements (if any), Tenant shall at its own expensenot make any alterations, makeadditions, substitutions or improvements (“Alterations”) in or to the Premises, or procure make changes to locks on doors, or add, disturb or in any way change any plumbing or wiring (“Changes”) without first obtaining the making ofwritten consent of Landlord, and, where applicable, in accordance with plans and specifications reasonably approved by Landlord. As a condition to its approval, Landlord in its sole discretion may require Tenant to remove such alterations Alterations or Changes upon the expiration or earlier termination of the Term and modifications in any extension period thereof, and additions to restore the Premises to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction condition they were in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alterationAlterations or Changes, modificationincluding restoring any damage resulting from such removal, addition all at Tenant’s expense, but excepting reasonable use and wear and tear. Any Alterations or removal assuming such Airframe or Engine was then in the condition Changes, but excluding Tenant Improvements, approved by Landlord and repair not required to be maintained by removed upon the terms expiration or earlier termination of the Lease shall become a part of the realty and become property of the Landlord upon the expiration or earlier termination of this AgreementLease. Title Any Alterations or Changes required to all Parts incorporated be made to Tenant’s Premises by any amendment to any applicable building, health, safety, fire, nondiscrimination, or installed in similar law or attached or added to the Airframe regulation (“law”), or any such Engine as the result of such alteration, modification or addition new law shall be vested in Owner Trustee, made at Tenant's sole expense and shall be subject to the Mortgageprior written consent of Landlord. Except with respect to the initial Tenant Improvements, Tenant shall reimburse Landlord for any reasonable sums expended for examination and shall forthwith be deemed Part approval of the Airframe architectural and mechanical plans and specifications of the Alterations and Changes and direct costs reasonably incurred during any inspection or such Enginesupervision of the Alterations or Changes. Neither Owner TrusteeAll damage or injury done to the Premises or Building by Tenant or by any persons who may be in or upon the Premises or Building with the express or implied consent of Tenant, Lender nor Sublessor including but not limited to the cracking or breaking of any glass of windows and doors, shall be required under any circumstances to pay directly paid for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedby Tenant.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Sublessee shall at its own expensenot make any changes, makealterations, additions or procure the making of, such alterations and modifications in and additions improvements to the Airframe Sublet Premises without first obtaining the written consent of the Underlying Landlord and Engines as may Sublessor; provided, however, that Sublessor's consent shall not be required from time to time to meet if the standards written consent of the Aviation Authority Underlying Landlord is first obtained, and Sublessee assumes all responsibility for restoration relating to any such changes, alterations, additions or any Government Entity having jurisdiction in any countryimprovements, stateas set forth below. If Sublessee's alterations are permitted or consented to as aforesaid, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins Sublessee shall comply with all of the Manufacturercovenants of Sublessor contained in the Underlying Lease pertaining to the performance of such alterations. In addition, Sublessee mayhereby expressly assumes all responsibility for any and all removal or restoration obligations in connection with Sublessee's alterations, at its own expenseand Sublessee agrees to indemnify, defend and hold Sublessor harmless from time to timeany and all loss, makecost, or procure and expense (including, without limitation, reasonable attorneys' fees) incurred by Sublessor and arising out of the making of, such alterations and modifications in and additions including performance of Sublessee's alterations. Simultaneously with the making submission of any improvements documents to the Airframe Underlying Landlord relating to alterations to the Sublet Premises, Sublessee shall send copies of all such documents to Sublessor. Sublessee shall pay all costs and expenses relating to any changes, alterations, additions or improvements and shall cause same to be completed in accordance with law and the terms, covenants, conditions, provisions and agreements of the Underlying Lease. Sublessee hereby agrees to indemnify, defend and hold Sublessor harmless from any Engine and all loss, cost and expense (including, without limitation, reasonable attorneys fees) incurred by Sublessor as Sublessee may deem desirable a result of Sublessee's failure to comply with the aforesaid terms, covenants, conditions, provisions or agreements. In the event that any of Sublessee's alterations result in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature Underlying Landlord charging an administrative fee pursuant to Section 5.6 of the Aircraft as a passenger carrying aircraftUnderlying Lease, or change its original type design or configuration, or materially diminish Sublessee shall pay the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result full amount of such alteration, modification or addition shall be vested in Owner Trustee, subject fee to the Mortgage, and shall forthwith be deemed Part Sublessor within ten (10) days of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior receiving written consent, which consent shall not be unreasonably withheld or delayednotice of same.

Appears in 1 contract

Sources: Sublease Agreement (Greenhill & Co Inc)

Alterations. Sublessee (a) Tenant shall at its own expensenot make or allow any alterations, makeadditions, or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe Premises or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature part of the Aircraft as a passenger carrying aircraftPremises (collectively, or change its original type design or configuration"Alterations"), or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessorwithout Landlord's prior written consent, which consent shall not be unreasonably withheld withheld. Consent, however, may be conditioned upon the receipt by, and approval of, Landlord of a set of plans and specifications for the alterations no later than thirty (30) days prior to the scheduled construction of the alterations as well as the use by Tenant of a contractor or delayedcontractors acceptable to Landlord. The installation of furnishings, fixtures, equipment, or decorative improvements, none of which shall affect operating systems or the structure of the Premises shall not constitute "Alterations." All Alterations and any furnishings, fixtures, equipment, or decorative improvements remaining on the Premises after the termination or earlier expiration of this Lease shall immediately become Landlord's property and, at the termination or earlier expiration of this Lease, shall remain on the Premises without compensation to Tenant. Tenant agrees upon notice ▇▇▇▇ Landlord to remove, at Tenant's sole cost and expense, any and all Alterations, furnishings, fixtures, equipment, or decorative improvements (other than floors, walls, suspended ceilings and structural walls) installed by or on behalf of Tenant prior to the termination or earlier expiration of this Lease. In the event that Landlord requires Tenant to remove any such Alterations, furnishings, fixtures, equipment, or decorative improvements and Tenant fails to cause such removal on or prior to the termination or other earlier expiration of this Lease, such failure shall be deemed a holdover under Section 13(b) of this Lease, and in addition to any other damages owing Landlord under this Section, Tenant shall owe Holdover Rent (as hereinafter defined) for each and every day of such failure. All improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease, shall be performed in accordance with all applicable laws and at Tenant's sole expense. Tenant will indemnify and ▇▇▇▇▇d Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease. Landlord agrees, when req▇▇▇▇▇▇ ▇y Tenant, to execute and de▇▇▇▇▇ any applications, consents, or other instruments reasonably required to permit Tenant to do this work or to obtain permits for the work. (b) Before any contract or subcontract is let or other agreement executed for the performance of any service, or the furnishing of any materials, and before any work of any kind or nature is commenced upon the construction of Alterations, Tenant will procure and deliver to Landlord a completion bond and a payment bond, both in form and substance satisfactory to Landlord issued by reputable surety corporations or bonding corporations qualified to do business in California, guaranteeing or otherwise assuring Landlord that the construction of the Alterations will proceed to completion with due diligence, that the reconstruction, when completed, will be fully paid for, and that the Premises will remain free of all mechanics', laborers' or materialmen's liens or claimed liens on account of any services or materials furnished or labor or work performed in connection with the construction of the Alterations. (c) At least ten (10) days before any construction commences or materials are delivered for any alterations that Tenant is making to the Premises, whether or not Landlord's consent is required, Tenant shall give written notice to Landlord as to when the construction is to commence or the materials are to be delivered. Landlord shall then have the right to post and maintain on the Premises any notices that are required to protect Landlord and Landlord's interest in th▇ ▇▇▇▇▇▇es from any liens for work and labor performed or materials furnished in making the alterations; provided, however, that it shall be Tenant's duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises by or on behalf of Tenant. In the event that Tenant fails to provide Landlord with the notice required by this Section 11(b), Landlord shall have the right to cause the cessation of such construction and shall have the further right to file notices of cessation and/or completion, so as to allow the Premises to be 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 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 giving to Landlord a bond assuring that the lien or claimed lien will be paid, when and to the extent that the lien is finally determined to be valid and owing. On final determination of the lien or claim of lien, Tenant will immediately p▇▇ ▇▇▇ final judgment rendered, with all property costs and charges, and shall have the lien released or judgment satisfied at Tenant's sole expense. If ▇▇▇▇▇t fails to pay the judgment promptly or otherwise fails to prevent any sale, foreclosure, or forfeiture of the Premises because of a lien, Landlord shall have the right, upon five (5) days' written notice to Tenant, to pay or prevent this action, and the amount paid by Landlord shall be immediately due and payable to Landlord, and shall bear interest at the lesser of ten percent (10%) per annum or the highest rate allowed by law from the date of payment by Landlord until repayment by Tenant.

Appears in 1 contract

Sources: Office Lease (Regan Holding Corp)

Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense, makeand in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable without altering the basic character of the building or procure improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions and improvements and partitions erected by Tenant shall be and remain the making ofproperty of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by T▇▇▇▇▇ and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises, provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations alterations, additions, improvements, and modifications in partitions shall become the property of the Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and additions shall be delivered up to the Airframe Landlord with the Premises. All shelves, bins, machinery and Engines as trade fixtures installed by the Tenant may be required from time removed by the Tenant prior to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageLease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this Lease or upon earlier vacating of the Airframe or Premises if required by Landlord; upon any such Engineremoval Tenant shall restore the Premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in good workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural qualities of the Aircraft or to reimburse Sublessee for buildings and other improvements situated on the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedPremises.

Appears in 1 contract

Sources: Lease Agreement (Tango Inc)

Alterations. Sublessee Except as hereinafter set forth, Tenant shall at its own expensemake no alterations, makeadditions or improvements (collectively, or procure the making of, such alterations and modifications in and additions “Tenant Changes”) to the Airframe and Engines as may be required from time to time to meet Premises (including the standards Common Areas) or the Building affecting the outside appearance of the Aviation Authority Premises or the Building, and/or structural alterations of any Government Entity having jurisdiction in any countrykind, stateand/or alterations affecting basic plumbing, county air conditioning, electrical or ▇▇▇▇ safety systems shared with the Common Areas or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In additiontenants’ premises, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's without Landlord’s prior written consent, which consent shall not unreasonably be unreasonably withheld or delayed. Tenant Changes (including any air conditioning equipment or devices installed in or upon the Premises) shall become the property of Landlord and shall be surrendered with the Premises, as a part thereof, at the end of the term or earlier termination hereof; except that Tenant shall, at the request of Landlord, remove any vaults installed in the Premises. Tenant hereby covenants that, before commencing any Tenant Changes, Tenant shall give Landlord at least twenty (20) business days’ written notice of the proposed commencement of such work (to afford Landlord an opportunity to post appropriate notices of nonresponsibility). Tenant covenants and agrees that all alterations done by or pursuant to the direction of Tenant shall be performed expeditiously, in a good and workmanlike manner, in full compliance with all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, in full compliance with the rules, orders, directions, regulations, and requirements of the Insurance Service Office or any similar body, and in a manner so as to minimize interference with pedestrian and vehicular traffic and other businesses in the Shopping Center. The provisions of this Lease are intended fully to govern the rights and obligations of Landlord and Tenant as they relate to the need for repairs to the Premises. Accordingly, Tenant waives and releases its right to make repairs at Landlord’s expense or to quit the Premises under Sections 1941, 1942(a) and 1932(1) of the California Civil Code or any similar law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises of the type allocated to Landlord by this paragraph, whether or not for the account of Landlord, or to terminate this Lease because of Landlord’s failure to keep the Premises or the Shopping Center in good order, condition and repair.

Appears in 1 contract

Sources: Lease Agreement (Central Coast Bancorp)

Alterations. Sublessee shall at its own expenseIn the event that Subtenant desires to make alterations, make, additions or procure the making of, such alterations and modifications in and additions improvements to the Airframe Sublease Premises, Subtenant shall concurrently provide to each of Sublandlord and Engines Master Landlord, in accordance with the notice provisions herein, a description of the proposed alterations, additions or improvements, together with and a copy of the proposed plans and specifications for review and approval. Subtenant shall make no alterations, additions or improvements in or to the Sublease Premises without the prior written consent of both Sublandlord and, if required by the Master Lease, Master Landlord. The parties acknowledge that Sublandlord may undertake certain Alterations at the Building, which Alterations will not exceed $100,000.00 in cost in any 12-month period, without the consent of Master Landlord pursuant to Section 6.03 of the Master Lease. Subtenant understands and agrees that Sublandlord shall allocate portions of such Alterations to the various subtenants at the Building in Sublandlord’s sole discretion, and may allocate all, some or none of such Alterations to the Sublease Premises as Sublandlord may be required from time to time determine is appropriate. Sublandlord shall not unreasonably withhold, condition or delay its consent to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such proposed alteration, modification, addition or removal improvement. Notwithstanding the foregoing, it shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or not be unreasonable for Sublandlord to withhold consent to any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming improvement for which Master Landlord does not provide consent. Sublandlord shall give its consent or reasons for failure to consent to any proposed alteration, addition or improvement within ten (10) business days after Sublandlord has received from Subtenant a description of the proposed alterations, additions or improvements together with and a copy of the proposed plans and specifications. Any such Airframe approved alterations, additions or Engine was then improvements shall be installed in the condition and repair required to be maintained by accordance with the terms of the Master Lease. In the event that Subtenant makes any such alterations, additions or improvements, Subtenant shall restore the Sublease Premises at the expiration or earlier termination of the Sublease Term to its condition existing as of the Sublease Commencement Date, reasonable wear and tear excepted, unless Master Landlord otherwise agrees in writing. If Master Landlord agrees in writing that any alterations, additions or improvements installed by Subtenant may remain in the Sublease Premises upon the expiration or earlier termination of this AgreementSublease, Sublandlord shall not have the right to require that Subtenant remove those alterations, additions or improvements upon the expiration or earlier termination of this Sublease. Title The parties acknowledge that Subtenant intends to all Parts incorporated or installed perform certain alterations at the inception of this Sublease (the “Initial T.I’s”), as more fully set forth in or attached or added Exhibit D hereto. Subject to Master Landlord’s consent to the Airframe or any such Engine as the result of such alterationInitial T.I.’s, modification or addition shall be vested in Owner Trustee, subject Sublandlord consents to the Mortgage, and shall forthwith be deemed Part of the Airframe or such EngineInitial T.I.’s. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition Master Landlord’s consent to the Aircraft or Initial T.I.’s is a condition precedent to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedthis Sublease being effective as between Sublandlord and Subtenant.

Appears in 1 contract

Sources: Sublease Agreement (Niku Corp)

Alterations. Sublessee A. Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner erect such shelves, makebins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, to remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises, provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. If Tenant, along with its written request to Landlord for consent to an alteration, requests Landlord to make its election as set forth above together with its written consent for an Alteration, then Landlord agrees to make such election. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall repair any damage caused by such removal. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the Premises. (See Addendum to Paragraph 8A). B. Tenant shall remove any sumps and clarifiers and any related Hazardous Materials (“Hazardous Material” shall mean petroleum and petroleum products, asbestos, and PCBs and any “hazardous substances”, “hazardous materials”, or procure “toxic substances” in the making ofComprehensive Environmental Response, such alterations Compensation and modifications Liability Act of 1980, as amended, the Hazardous Materials Transportation Act, as amended, or the Resource Conservation and Recovery Act, as amended, those substances, materials and wastes which are defined as “hazardous wastes” or as “hazardous substances” in the California Health & Safety Code or Labor Code, and additions “hazardous” or “toxic” in the regulations adopted or publication promulgated pursuant to any of said laws) in or about the Premises and associated with ▇▇▇▇▇▇’s use and occupancy thereof upon the expiration of earlier termination of this Lease. C. Notwithstanding anything to the Airframe contrary contained herein, ▇▇▇▇▇▇▇▇ agrees that the Tenant shall not be responsible for, and Engines Landlord shall hold Tenant harmless against, any costs of cleanup or removal arising from or associated with any hazardous material existing in, on or throughout the Premises, as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which date Tenant occupies the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time Premises pursuant to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedLease.

Appears in 1 contract

Sources: Lease Agreement (Applied Precision, Inc.)

Alterations. Sublessee shall at its own expense, make, or procure A. Landlord agrees to install the making of, such alterations and modifications improvements described in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or Exhibit C. All other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable Premises, including all cabling within the walls in the proper conduct Premises or within Building common areas ("Alterations") shall be installed at the cost and expense of Tenant, but only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and only by Landlord or by contractors and subcontractors on Landlord's list of approved contractors. All cabling required by Tenant within the walls in the Premises or within Building common areas shall be installed by Landlord's approved contractors. In connection with any request for an approval of Alterations, Landlord may retain the services of an architect and/or engineer for the purpose of reviewing the plans and specifications submitted by Tenant and Tenant shall reimburse Landlord for the actual and reasonable fees of such architect and/or engineer. Tenant will also pay Landlord an amount equal to five percent (5%) of all the costs of such Alterations to reimburse Landlord for its businessinspection and supervision of the Alterations, includingwhich amount Landlord shall waive if Tenant utilizes Urban Innovations Ltd. as its general contractor for the Alterations. All Alterations shall be constructed in accordance with all governmental laws, removal ordinances, rules and regulations ("Laws") and Landlord's rules for contractors, including insurance requirements for contractors, and Tenant shall, prior to construction, provide such assurances to Landlord, including but not limited to, waivers of Parts (for purposes 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 liens. At the time of completion of each Alteration, Tenant shall deliver to Landlord a set of final "as-built" plans. All Alterations shall be and remain the property of Tenant during the Term and Tenant shall, unless Landlord otherwise elects, remove all Alterations and restore the Premises to its original condition by the date of termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete Lease or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature upon earlier vacating of the Aircraft as a passenger carrying aircraftPremises; provided, or change its original type design or configurationhowever, or materially diminish the value or utility that, if at such time Landlord so elects, such of the Airframe or any such Engine, or impair Alterations as Landlord shall elect shall become the condition or airworthiness thereof, below property of Landlord as of the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms date of termination of this AgreementLease or upon earlier vacating of the Premises and title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. Title to all Parts incorporated or installed in or attached or added to the Airframe or any All such Engine as the result of such alteration, modification or addition removals and restoration shall be vested accomplished in Owner Trustee, subject to the Mortgage, a good workmanlike manner and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessorin accordance with Landlord's prior written consent, standard move in/move out procedures by contractors approved in writing by Landlord (which consent approval shall not be unreasonably withheld withheld) so as not to damage the Building, or delayedthe Alterations which Landlord has elected will remain in the Premises. In particular, if Landlord has elected that cabling will remain in the Premises, all furniture and partition removal must be done in accordance with Landlord's standard move in/move out procedures and in such manner as will not adversely affect the cabling. B. Landlord shall be responsible for any costs incurred in bringing the shell and core Building facilities into compliance with the Americans With Disabilities Act ("ADA"). If Tenant makes any Alterations to the Premises which affect ADA compliance, Tenant shall be responsible for any costs of compliance with the ADA resulting from such Alterations.

Appears in 1 contract

Sources: Lease Agreement (CURO Group Holdings Corp.)

Alterations. Sublessee A. Tenant shall at its own expensenot make any alterations, make, improvements or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as Leased Premises (collectively "ALTERATIONS") which may be required from time to time to meet affect the standards structure of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown Building or the FAA and any mandatory Building's heating, ventilation, air conditioning, mechanical, electrical, plumbing or recommended service bulletins of life safety systems (the Manufacturer"BUILDING SYSTEMS"). In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements Any other Alterations shall be subject to the Airframe or any Engine as Sublessee may deem desirable prior written consent of Landlord. The term "Alterations" does not include those improvements described in the proper conduct of its businessTenant Improvement Work Letter attached to this Lease as Exhibit C, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained improvements are governed by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, Exhibit C. B. If Landlord consents (which consent shall not be 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 Alterations 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 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 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 such Alterations. Such Alterations to which Landlord has given its consent to leave pursuant to this Paragraph 9.B, and which are in good working order and condition at the end of the Lease (hereinafter called "APPROVED ALTERATIONS") may be left by the Tenant at the termination of this 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 (i) such removal in Landlord's reasonable judgment shall not damage the Leased Premises or the Building; (ii) Tenant shall pay the cost of any damage caused in the removal; and (iii) Tenant indemnifies and holds Landlord harmless from and against any loss, cost or damage arising from the removal.

Appears in 1 contract

Sources: Lease Agreement (Privatebancorp Inc)

Alterations. Sublessee The Lessee shall at its own expensenot make any alterations in or additions to the premises without the Lessor's advance written consent in each and every instance. The Lessor's decision to refuse such consent shall be conclusive. If the Lessor consents to such alterations or additions before commencement of the work or delivery of any materials onto the premises or into the Building, makethe Lessee shall furnish the Lessor with plans and 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 and all claims, costs, ALANORTH, L.L.C. OFFICE LEASE 1 damages, liabilities and expenses which may arise in connection with the alterations or procure additions. All additions and alterations shall be installed in a good, workmanlike manner and only new, high-grade materials shall be used. Whether the making ofLessee 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 alterations and modifications in additions and additions to also the Airframe and Engines as may be required from time to time to meet cost of decorating the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, premises occasioned by such alterations and modifications in additions. Upon completing any alterations or additions, the 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 including the making shall comply with all insurance requirements and with all ordinances and regulations of any improvements 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, hardware, non-trade fixtures and all improvements, temporary or permanent, in or upon the premises, whether placed there by the Lessee or by the Lessor, shall, unless the Lessor requests their removal, become the Lessor's property and 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 Airframe 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 any Engine as Sublessee may deem desirable in safes, trade fixtures and other items of personal property of every kind and description from the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in premises prior to the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature end of the Aircraft term, however ended. If not so removed, 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 conclusively presumed to have been conveyed by the Lessee to the Lessor under this lease as a passenger carrying aircraft, ▇▇▇▇ of sale without further payment or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained credit by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added Lessor to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedLessee.

Appears in 1 contract

Sources: Office Lease (Alaron Com Holding Corp)

Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner erect such shelves, makebins, machinery, and trade fixtures as it may deem advisable, without altering the basic character of the building or procure improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the making ofproperty of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and additions shall be delivered up to the Airframe Landlord with the premises. All shelves, bins, machinery and Engines as trade fixtures installed by Tenant may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements removed by Tenant prior to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgagelease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this lease or upon earlier vacating of the Airframe or premises if required by Landlord; upon any such Engineremoval Tenant shall restore the premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in a good workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural qualities of the Aircraft or to reimburse Sublessee for buildings and other improvements situated on the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedpremises.

Appears in 1 contract

Sources: Lease Agreement (Tekgraf Inc)

Alterations. Sublessee shall at its own expense(a) Tenant will not make any alterations, makeinstallations, changes, replacements, repairs, additions or procure the making of, such alterations and modifications improvements (structural or otherwise) in and additions or to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority Demised Premises or any Government Entity having jurisdiction in any countrypart thereof, state, county or other political subdivision in or over which without the Aircraft is flown or the FAA prior written consent of Landlord. All Tenant plans and any mandatory or recommended service bulletins of the Manufacturerspecifications shall be submitted to Landlord for prior approval. In addition, Sublessee Landlord may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utilityamong other things, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair its consent upon Tenant's agreement that any construction up-gradings required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine governmental authority as the result of Tenant's work, either in the Demised Premises or in any other part of the building, will be paid for by Tenant. Tenant shall not install any equipment of any kind or nature whatsoever which will or may necessitate any changes, replacements or additions to the water system, plumbing system, heating system, air-conditioning system or the electrical system of the Demised Premises without the prior written consent of the Landlord. Tenant shall not install or use in the building any air conditioning unit, engine, boiler, generator, machinery, heating unit, stove, water cooler, ventilator, radiator or any other similar apparatus without the prior written consent of Landlord, and then only as Landlord may direct. Tenant shall not modify or interfere with the heating, ventilating and air-conditioning supply, return or control systems without the prior written consent of Landlord, and then only as Landlord may direct. Landlord may condition its consent upon Tenant's payment of all costs to make such alterationchanges, modification replacement or addition modifications. Landlord's consent to any work by Tenant or approval of Tenant plans or specifications shall not be deemed a certification that such work complies with applicable building codes, laws or regulations, nor shall it impose any liability whatsoever upon Landlord. (b) All of Tenant's approved work shall be vested done in Owner Trusteeaccordance with Landlord's Supplemental Rules and Regulations for Contractors and shall be done by duly licensed contractors in accordance with all applicable laws, subject codes, ordinances, rules and regulations, and Tenant shall obtain at its cost any required permits, licenses or inspections for performance of its work. Tenant must obtain an executed waiver of lien from each contractor or vendor that will perform or furnish to Tenant work, labor, services or materials for any alterations, installations, replacements, additions or improvements in or to the MortgageDemised Premises, prior to the commencement of such work. Notwithstanding the aforesaid, if any mechanic's lien shall at any time, whether before, during or after the Lease term, be filed against any part of the building by reason to work, labor, services or materials performed for or furnished to Tenant, Tenant shall forthwith cause the lien to be discharged of record or bonded off to the satisfaction of Landlord. If Tenant shall fail to cause such lien to be discharge or bonded off within five (5) days after being notified of the filing thereof, then, in addition to any other right to remedy of Landlord, Landlord may discharge the lien by paying the amount claimed to be due. The amount paid by Landlord, and shall forthwith be deemed Part all costs and expenses, including reasonable attorney's fees incurred by Landlord in procuring the discharge of the Airframe lien, shall he due and payable by Tenant to Landlord as additional rent on the first day of the next following month, or if the Lease term has expired, upon demand. (c) All alterations, installations, including without limitation wall to wall carpet and drapery and drapery accessories, changes, replacements, repairs, additions, or improvements to or within the Demised Premises (whether with or without Landlord's consent), shall at the election of Landlord remain upon the Demised Premises and be surrendered with the Demised Premises at the expiration of this Lease without disturbance, molestation or injury. Should Landlord elect that alterations, installations, changes, replacements, repairs, additions to or improvements made by or for Tenant upon the Demised Premises be removed upon termination of this Lease or upon termination of any renewal period hereof, Tenant hereby agrees that Landlord shall have the right to cause same to be removed at Tenant's sole cost and expense. Tenant hereby agrees to reimburse Landlord for the cost of such Engineremoval together with the cost of repairing any damage resulting therefrom, and the cost of restoring the premises to its condition at the commencement of the term of this Lease as initially improved by Landlord. Neither Owner TrusteeApproximately sixty (60) days prior to Tenant's scheduled vacation of the Demised Premises, Lender nor Sublessor Landlord and Tenant shall meet to decide what items shall be removed and what items shall remain. At such time Tenant shall deposit with Landlord an amount equal to the estimated costs of removal and/or restoration of the Demised Premises, which work shall be performed by or for Landlord at Tenant's expense. (d) In the event that either Landlord or Tenant, during the term hereby demised, shall be required under by the order or decree of any circumstances court, or any other governmental authority, or by law, code or ordinance, to pay directly repair, alter, remove reconstruct, or improve any part of the Demised Premises or of the building of which said premises are a part, then Tenant shall make or Tenant shall be required to permit Landlord to perform such repairs, alterations, removals, reconstructions, or improvements without effect whatsoever to the obligations or covenants of Tenant herein contained, and Tenant hereby waives all claims for any damages or abatement of rent because of such repairing, alteration, modification removal, reconstruction, or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedimprovement.

Appears in 1 contract

Sources: Office Building Lease (Techteam Global Inc)

Alterations. Sublessee shall at its own expense, make, or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards (a) The original improvement of the Aviation Authority Premises shall be in accordance with Tenant's plans and specifications approved by Landlord. Tenant shall not make or permit anyone to make any Government Entity having jurisdiction in any countryinterior alterations, statedecorations, county additions or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe Premises without the prior written consent of Landlord, which consent Landlord may not unreasonably withhold. In no event shall any structural or any Engine as Sublessee may deem desirable in exterior repair change or modification to the proper conduct of its businessBuilding, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000Premises, or alter the fundamental nature heating, electrical or plumbing services be made by Tenant or employees or agents of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require SublessorTenant 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 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 repairs, alterations, decorations, additions or improvements by Tenant, including without limitation, the installation or operation of equipment or machinery requiring Landlord's consent under subparagraph (d) of this Section 9. If any repair, alteration, decoration, addition, installation or improvement is effected without the prior written consent of Landlord, Landlord may remove or correct the same and Tenant shall not be unreasonably withheld liable for any and all reasonable expenses of this work. All rights given to Landlord herein shall be in addition to any other right or delayedremedy of Landlord contained in this Lease.

Appears in 1 contract

Sources: Lease (Best Software Inc)

Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the premises (including but not limited to roof and wall penetration) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner erect such shelves, makebins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or procure improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the making ofproperty of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and additions shall be delivered up to the Airframe Landlord with the premises. All shelves, bins, machinery and Engines as trade fixtures installed by Tenant may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements removed by Tenant prior to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgagelease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this lease or upon earlier vacating of the Airframe or premises if required by Landlord; upon any such Engineremoval Tenant shall restore the premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in a good workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural qualities of the Aircraft or to reimburse Sublessee for buildings and other improvements situated on the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedpremises.

Appears in 1 contract

Sources: Lease Agreement (Glacier Corp)

Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, premises (including, removal of Parts (for purposes of this Clause 16.4without limitation, Obsolete Partsthe roof and wall penetrations) which Sublessee deems obsolete or no longer suitable or appropriate for use in without the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld for interior, non-structural alterations. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building or delayedimprovements and without overloading or damaging such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if at such time Landlord so elects such alterations, additions, improvements and partitions but not Tenant's trade fixtures, shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and title shall pass to Landlord under this lease as by a ▇▇▇▇ of sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements within which the premises are situated. If Landlord shall consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to construction, provide such assurances to Landlord, (including, but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance) as Landlord shall require to protect Landlord against any loss from any mechanics', laborers' or materialmen's liens, or other liens.

Appears in 1 contract

Sources: Lease Agreement (Factory Card Outlet Corp)

Alterations. Sublessee shall at its own expense, make, or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Without Sublessor's ’s prior written consent, which consent will not be unreasonably withheld, conditioned or delayed, Subtenant shall not make (a) any repairs, alterations, replacements, other improvements or installations to the exterior of the Demised Premises or Building A or the foundation, roof, exterior walls, gutters, downspouts, canopy, storefront or any structural parts of the Demised Premises, (b) any interior, non-structural repairs, alterations, installations or improvements to the Demised Premises the estimated cost of which exceeds Fifty Thousand Dollars ($50,000.00), or (c) any repairs, alterations, installations or improvements that would affect any centralized or common utilities or any other tenant’s or occupant’s HVAC system or systems or any Building system serving another tenant. If Sublessor’s approval is required for any alterations or improvements, Subtenant shall submit to Sublessor all plans and specifications for any such repairs, alterations, installations or improvements unless such alterations or improvements do not require a building permit, in which case Subtenant shall provide a reasonable description of its intended alterations and improvements. Any repairs, alterations, installations or improvements by Subtenant permitted hereunder shall conform to the requirements of, and be subject to the Parent Lease, including, without limitation, obtaining any consents required thereunder. If Sublessor does not approve a proposed alteration, Sublessor shall provide its reasons for disapproval. Subtenant agrees that any repairs, alterations, replacements, other improvements or installations made by Subtenant to or upon the Demised Premises shall be done in a good and workmanlike manner and in conformity with all laws, ordinances and regulations of all public authorities having jurisdiction, that materials of good quality shall be employed therein, that the structure of the Demised Premises shall not be unreasonably withheld endangered or delayedimpaired thereby. Subtenant shall procure at its sole expense all necessary permits before making any repairs, alterations, improvements or installations. Upon request of Subtenant, Sublessor shall request the cooperation therewith of Parent Landlord. Subtenant shall save Sublessor and Parent Landlord harmless from, and defend and indemnify Sublessor and Parent Landlord against, any and all injury, loss claim or damage to any person or property occasioned by or arising out of the doing of any such work, except to the extent such injury, loss, claim or damage is caused by the negligence or willful misconduct of Sublessor. Subtenant shall permit no mechanic’s, materialmen’s or other lien against the Demised Premises in connection with any materials, labor or equipment furnished, or claimed to have been furnished, to or for Subtenant, or anyone claiming under Subtenant, and if any such lien shall be filed against the Demised Premises Subtenant shall cause the same to be discharged, provided, however, that Subtenant may contest such lien as long as the enforcement thereof is stayed, but in any event, Subtenant shall either cause any such lien to be discharged of record within ten (10) days of any request of any mortgagee, or of Parent Landlord or Sublessor or in lieu thereof, if permitted pursuant to the Parent Lease, while contesting the same as aforesaid, deposit with any mortgagee or prospective mortgagee of the Demised Premises, pending such contest, a sum sufficient to cover the amount of said lien and all interest, penalties and costs that would be payable to discharge such lien if such lien were valid.

Appears in 1 contract

Sources: Sublease (HeartWare International, Inc.)

Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the premises without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner make such minor alterations, makeadditions or improvements or erect, remove or alter such partitions, or procure erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the making ofbasic character of the building or improvements, such alterations and modifications 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. Upon the termination of this lease, the alterations, additions or improvements made to the Airframe and Engines as may premises prior to the commencement date shall be required from time to time to meet surrendered with the standards premises in the condition the same were in at the commencement of the Aviation Authority term, subject to ordinary wear and tear and unrepaired casualty or condemnation damage. If Landlord consents to any Government Entity having jurisdiction in any countryfuture alterations, state, county additions or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable premises which are requested by Tenant, Landlord agrees in its consent to designate which, if any, of the proper conduct of its business, including, removal of Parts (for purposes same must be removed by Tenant upon the termination of this Clause 16.4lease, Obsolete Parts) which Sublessee deems obsolete and upon such termination Tenant shall be obligated to remove such designated alterations, additions or no longer suitable or appropriate for use improvements and restore the affected area of the premises to the condition the same would have been in at the Airframe or termination of the lease has such Enginealterations, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000additions, or alter improvements not been made. Tenant shall not be required to remove at the fundamental nature termination of this lease any alterations, additions or improvements which the 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, such alterations, additions, improvements, and partitions shall become the property of Landlord as of the Aircraft as a passenger carrying aircraftdate of termination of this lease and shall be delivered up to the Landlord with the premises. All shelves, or change its original type design or configurationbins, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition machinery and airworthiness thereof immediately trade fixtures installed by Tenant may be removed by Tenant prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms termination of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgagelease if Tenant so elects, and shall forthwith be deemed Part removed if required by Landlord; upon any such removal Tenant shall repair any damage caused by such removal. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to buildings and other improvements situated on the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedpremises.

Appears in 1 contract

Sources: Lease Agreement (Onix Systems Inc)

Alterations. Sublessee shall Except for the Tenant Improvements, Tenant will not make any alterations, additions or improvements to the Premises (including, but not limited to, roof and wall penetrations without the prior written consent of Landlord (not to be unreasonably withheld, or delayed). Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner, makeerect such shelves, bins, machinery, movable lab benches, equipment, trade fixtures (defined as any fixtures used by Tenant in its specific business and not paid for by Landlord) and other non-structural interior improvements as it may deem advisable, without altering the basic character or structure of the Premises or improvements and without overloading or damaging the Premises or Building, and in each case complying with all Applicable Laws. Tenant will not make any alterations, additions or improvements to the Premises which will contravene Landlord’s policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or procure which will prevent Landlord from securing such policies in companies reasonably acceptable to Landlord. If any such alterations, additions or improvements cause the making of, such alterations and modifications in and additions rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the Airframe and Engines as may be required minimum rate from time to time applicable to meet the standards Premises for permitted uses thereof (as reasonably documented by Landlord), Tenant will pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. Within thirty (30) days receipt of reasonable documentation from Landlord following the completion of any alteration, addition, or improvement at the Premises by Tenant that requires the prior consent of Landlord, Landlord will be reimbursed for any reasonable outside consultant or design professional costs actually incurred by Landlord to review any plans or supervise construction work (not to exceed the lesser of $1,500.00 or 5% of Tenant’s “hard” construction costs). No such reimbursement will be required for any alteration, addition or improvement that does not require the consent of Landlord. Any and all alterations, additions, improvements, partitions and fixtures erected by Tenant will be the property of Landlord and will remain at the Premises upon termination of the Aviation Authority Lease or upon earlier vacating of the Premises. All shelves, bins, machinery, trade fixtures, and other interior non-structural improvements installed by Tenant will remain the personal property of Tenant and may be removed by Tenant prior to the termination of this Lease provided such removal may be accomplished without damage to the Premises or Building that cannot be repaired by Tenant as set forth in this subparagraph. Prior to vacating the Premises, Tenant will repair any damage to the Premises or Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, or any Government Entity having jurisdiction in Tenant Party. Should Tenant fail to conduct any countrysuch repair within ten (10) days of written notice from Landlord, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee Landlord may, at its own expenseoption, from time perform same, and Tenant will remit payment to timeLandlord for the actual cost and expense incurred by Landlord in effecting such repair promptly upon demand. Tenant will have no authority, makeexpress or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or procure in any manner to bind, the making of, such alterations and modifications interest of Landlord in and additions including the making Premises or to charge the rentals payable hereunder for any claim in favor of any improvements person dealing with ▇▇▇▇▇▇, including those who may furnish materials or perform labor for any construction or repairs, and each such claim will affect and each such lien will attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Airframe Premises at the request of Tenant on which any lien is or any Engine as Sublessee may deem desirable can be validly and legally asserted against its leasehold interest in the proper conduct Premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of its businessasserted claims or liens against the leasehold estate or against the right, including, removal title and interest of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use Landlord in the Airframe Premises or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by under the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedLease.

Appears in 1 contract

Sources: Lease Agreement (Precision Biosciences Inc)

Alterations. Sublessee Tenant shall at its own expensenot permit alterations or additions in or to the Leased Premises unless and until the plans have been approved by Landlord in writing, makesuch approval not to be unreasonably conditioned, delayed or procure the making of, withheld. Tenant agrees to pay Landlord's reasonable charges for review of any proposed alterations or additions and supervision of any such alterations and modifications in additions. As a condition of such approval, Landlord may require Tenant to remove the alterations and additions restore the Leased Premises upon termination of this Lease; otherwise, all such alterations or improvements, except movable office furniture and equipment and trade fixtures, shall at Landlord’s option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Notwithstanding anything to the Airframe and Engines as may contrary, Tenant shall not be required from time to time remove the alterations described in Exhibit “D” (the “Approved Alterations”). In addition to meet and subject to the standards provisions of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its businesspreceding paragraph, including, removal of Parts (for purposes of this Clause 16.4but not limited to, Obsolete Parts) which Sublessee deems obsolete Landlord’s consent to any alterations or no longer suitable or appropriate for use in the Airframe or such Engine, provided additions that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayed, Landlord and Tenant agree as follows: (a) Tenant shall have the right to install HVAC dry coolers and other HVAC support equipment on the grounds behind the Leased Premises at a location mutually agreed to by Landlord and Tenant. There shall be no charge by Landlord to Tenant associated with the rooftop fixtures and the HVAC dry coolers and other HVAC support equipment located on the grounds behind the Leased Premises. All rooftop installations shall be consistent with governmental codes and shall be installed in a manner so as not to impact any warranties in effect on the roof membrane. Tenant shall have the right to perform an infrared and structural inspection of the roof to insure its integrity. This equipment (1) shall be considered a trade fixture, (2) shall not become a part of the realty and property of Landlord, and (3) shall be removed by Tenant upon the expiration of this Lease. (b) Tenant shall have the right to install security systems to protect its technical areas. Except in the event of imminent danger to property or health, under no circumstance will Landlord or any of its representatives be granted permission to enter any technical areas without being accompanied by an authorized Tenant representative. This equipment (1) shall be considered a trade fixture, (2) shall not become a part of the realty and property of Landlord, and (3) shall be removed by Tenant upon the expiration of this Lease. (c) Tenant shall have the right, at Tenant’s sole cost and expense, to install, operate, maintain, repair and replace for the Lease Term, a maximum 750 kW generator with a 500 to 1,100 gallon fossil fuel above-ground storage tank behind the Leased Premises in the parking lot, as mutually agreed upon by Landlord and Tenant, and in accordance with all local, state and federal laws. The location of the generator will require physical access between the generator location and the computer room/UPS location within the Leased Premises. Tenant shall have the right to test the generators between the hours of 8:00 PM on Friday and 7:00 AM on Monday and during all other times approved by Landlord, such approval not to be unreasonably withheld or delayed, and approved by the City of Southfield if necessary. This equipment (1) shall be considered a trade fixture, (2) shall not become a part of the realty and property of Landlord, and (3) shall be removed by Tenant upon the expiration of this Lease. (d) Tenant shall have the right to install a redundant and dedicated Liebert system or equivalent HVAC system in a tonnage sufficient to cool its equipment that will run constantly (24 hours/day and 7 days/week). Tenant shall pay all costs and expenses for said installation and use. Landlord and Tenant shall mutually agree upon the area in which such HVAC system is installed. This equipment (1) shall be considered a trade fixture, (2) shall not become a part of the realty and property of Landlord, and (3) shall be removed by Tenant upon the expiration of this Lease. (e) Tenant shall have the right to demise the technical area with fire-rated walls at Tenant’s sole cost and expense. Tenant shall also be entitled to modify the existing fire suppression system in the Leased Premises independent of any Building fire suppression system and install a “dry” system. Tenant will connect all alarm points to the existing fire protection system for reporting purposes. Tenant shall have the right to relocate any existing wet pipes serving other areas of the Building to non-critical areas (outside of the technical area). Tenant shall have the right to install a waterproof bladder on the floor of the Leased Premises. (f) If windows are present in the technical area, Tenant shall have the right to “block” the window space in the Leased Premises from the inside. Tenant will work with Landlord for approval of the plans and insure that the outside building appearance will not materially change. (g) Tenant shall have the right to reinforce an approximately 1,000 sq. ft. section of the Leased Premises to a 300 lbs/ft live load for battery placement. If Landlord consents to Tenant's performance of alterations or additions to the Leased Premises, Tenant shall ensure that all alterations and improvements which are made or necessitated thereby shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Leased Premises. Landlord's approval of the plans, specifications and working drawings for Tenant's alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Tenant shall indemnify, defend, and hold harmless Landlord and its officers, directors, members, managers, employees, contractors and representatives from all costs, loss or expense directly or indirectly for or on account of any liens asserted in connection with any labor or material furnished in connection with such alterations; and nothing in this Lease contained shall be construed to constitute a consent by Landlord to the creation of any lien. If any lien is filed against the Park for work claimed to have been done for, or material claimed to have been furnished to, Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing by bonding or in any other lawful manner. Tenant shall indemnify, defend, and hold harmless Landlord and its officers, directors, members, managers, employees, contractors and representatives from all costs, losses, expenses, and attorneys' fees in connection with any such lien. Tenant’s obligations set forth in this Article 7 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Talk America Holdings Inc)

Alterations. Sublessee Tenant shall not make any alterations, additions or improvements to the premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner erect such shelves, makebins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or procure improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the making ofproperty of Tenant during the term of this lease and Tenant shall, such alterations remove all alterations, additions, improvements and modifications in partitions erected by Tenant and additions restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgagelease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this lease or upon earlier vacating of the Airframe or premises if required by Landlord; upon any such Engineremoval Tenant shall restore the premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in a good workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural qualities of the Aircraft or to reimburse Sublessee for buildings and other improvements situated on the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedpremises.

Appears in 1 contract

Sources: Lease Agreement (Cortelco Systems Inc)

Alterations. Sublessee (a) Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner, makeerect such shelves, bins, machinery and trade fixtures as it may deem advisable, so long as such work is non-structural in nature, does not affect the roof or any area outside of the Premises, does not materially affect the electrical, plumbing, HVAC or mechanical systems in the Building or servicing the Premises, or procure the making ofsprinkler or other life safety system, such alterations does not overload or damage the Building or improvements, and modifications in each case complying with all applicable governmental laws, ordinances, regulations and additions other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Lease Term and Tenant shall, unless Landlord 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 Expiration Date or upon earlier vacating of the Premises by Tenant at Tenant’s sole cost and expense; provided, however, that if Landlord so elects prior to the Airframe Expiration Date or earlier vacating of the Premises, all such alterations, additions, improvements and Engines as partitions shall become the property of Landlord and shall be delivered up to Landlord with the Premises. All non-permanently affixed racks, shelves, bins, machinery and trade fixtures installed by Tenant may be required from time removed by Tenant prior to time to meet the standards Expiration Date if Tenant so elects, and shall be removed by the Expiration Date or upon earlier vacating of the Aviation Authority Premises if required by Landlord. Upon any such removal, Tenant shall restore the Premises to their original condition, reasonable wear and tear excepted. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the primary structure or structural qualities of the Building and other improvements situated within the Premises. With regard to Tenant’s Work and to any alterations, additions or improvements made by Tenant to the Premises for which Landlord consent is required pursuant to Section 8(a), Tenant shall: (i) establish a construction disbursement account or record a surety bond; (ii) record a notice of posted security; and (iii) timely comply with all other requirements of Nevada Revised Statutes (“NRS”) Chapter 108, including, without 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 Government Entity having jurisdiction 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 any countryplace and established, stateand (y) Landlord shall be notified by the bonding agent/account officer, county in writing, thirty (30) days prior to cancellation, material change, or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins nonrenewal of the Manufacturersuch account/bonding. In addition, Sublessee Landlord may, at its own expense, from time to time, makeprepare, record and deliver, as required by NRS 108.234, notices of non-responsibility that Landlord deems necessary or procure the making ofappropriate in connection with Tenant’s Work or any alterations, such alterations and modifications in and additions including the making of any or improvements to the Airframe Premises by or any Engine as Sublessee may deem desirable on behalf of Tenant; and Tenant shall promptly provide Landlord such documents and instruments requested by Landlord in connection with the proper conduct of its business, including, removal of Parts (for purposes of same. Tenant agrees that this Clause 16.4, Obsolete PartsSection 8(b) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine serves as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject notice to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be Tenant required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedNRS 108.234(3)(e).

Appears in 1 contract

Sources: Lease Agreement (Leatt Corp)

Alterations. Sublessee (a) Except as expressly provided in this Paragraph 6 (a), Lessee shall at its own expense, make, or procure the making of, such alterations make no structural changes and modifications in and additions no changes to the Airframe air-conditioning, electrical distribution system, plumbing, exterior walls and Engines as may be required from time doors, and floor covering in the Leased Premises, and no changes to time to meet the standards exterior of the Aviation Authority or any Government Entity having jurisdiction in any countryLeased Premises without the written consent of Lessor. Work performed by ▇▇▇▇▇▇ Center, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition Inc. shall be vested in Owner Trustee, subject deemed to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessorhave 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 withheld, shall also be entitled to make alterations, additions or delayedimprovements to the 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 (15) days prior to commencement of work. If Lessor does not object by written notice to Lessee within ten (10) days after receipt of such plans, the alterations, additions or improvements described therein and the contractors designated to make such alterations, additions or improvements shall be deemed approved. All work shall be in accordance with the laws, rules, regulations and orders 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 additions or improvements (including carpets) of 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 shall remain upon and 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 writing to Lessee at least thirty (30) days prior to the expiration or earlier termination of this Lease, then Lessee shall remove from the Leased Premises all non-standard property changes, alterations, and all decorations, installations, additions or improvements (except carpets or fixtures) resulting from Lessee's changes, alterations, decorations, installations, additions and improvements upon the Leased Premises as Lessor shall select. Lessee shall repair at Lessee's own cost and expense and to Lessor's satisfaction all damage caused by any removal of property permitted or required to be removed under this Paragraph, and all such removals and repairs shall be completed by the date of expiration or other termination of this Lease. (c) Lessee shall pay and discharge all claims and liens asserted or 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 any such claims or liens.

Appears in 1 contract

Sources: Sublease (Anchor Pacific Underwriters Inc)

Alterations. Sublessee 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 to be unreasonably delayed, withheld in the case of Landlord's improvements made in accordance with Article 26 below). 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. Tenant shall comply with the building codes, makeregulations 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, alterations and/or installations made by Tenant (except only office furniture, business and trade fixtures or procure any equipment including but not limited to, Network Operations Equipment (as defined in Paragraph 12) and related communication and equipment and wiring) shall become and remain a part of the Building and be and remain Landlord's property upon the termination of Tenant's occupancy of said Premises, unless Landlord shall advise Tenant at the time of Landlord's consent to any such addition or alteration, that such addition or alteration, etc. will be required to be removed by Tenant upon the expiration or termination of this Lease, Tenant shall not be required to remove any such alteration or addition. Tenant shall save Landlord harmless from and against all expenses, liens, claims or damages to either property or person which may or might arise by reason of the making ofof any such additions, such improvements, alterations and modifications in and additions and/or installations. Landlord reserves the right to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority change, increase or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expensereduce, from time to time, makethe number, composition, dimensions or 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 its sole discretion provided, however, that if such changes (i) materially and adversely affect Tenant's use of the Premises, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe parking or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000common areas, or alter (ii) materially reduce the fundamental nature Building's level of the Aircraft as a passenger carrying aircraftcommon area finishes and services, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any Landlord shall not make such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessorchanges without Tenant's prior written consentapproval, which consent shall not be unreasonably withheld withheld, conditioned or delayed. Landlord's approval of Tenant's plans and specifications under this Article 9 or any 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 Common Facilities of the 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 warranty by Landlord that such plans or the 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 or the Building, and Tenant shall have the sole responsibility of complying with all such requirements notwithstanding Landlord's approval of Tenant's plans.

Appears in 1 contract

Sources: Office Lease (E Spire Communications Inc)

Alterations. Sublessee A. Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own expensecost and expense and in a good workmanlike manner erect such shelves, makebins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or procure improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain property of Tenant during the making ofterm of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, to remove all alterations, additions, improvements and partitions erected by tenant and restore the Premises to their original condition by the date of termination of this lease or upon earlier vacating of the Premises, provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, provided, however, that if Landlord so elects, prior to termination of this Lease or upon earlier vacating of the Premises, such alterations alterations, additions, improvements and modifications in partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and additions shall be delivered up to the Airframe Landlord with the Premises. All shelves, bins, machinery and Engines as trade fixtures installed by Tenant may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements removed by Tenant prior to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes termination of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the MortgageLease if Tenant so elects, and shall forthwith be deemed Part removed by the date of termination of this Lease or upon earlier vacating of the Airframe or Premises if required by Landlord; upon any such Engineremoval Tenant shall restore the Premises to their original condition. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under accomplished in good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the Premises. B. Tenant shall remove any circumstances sumps and clarifiers and any related Hazardous Materials ("Hazardous Material" shall mean petroleum and petroleum products, asbestos, and PCB's and any "hazardous substances", "hazardous materials", or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Hazardous Materials Transportation Act, as amended, or the Resource Conservation and Recovery Act, as amended, those substances, materials and wastes which are defined and "hazardous wastes" or as "hazardous substances" in the Washington State Model Toxics Control Act, as codified at Chapter 70.105D, Revised Code of Washington, and "hazardous" or "toxic" in the regulations adopted or publication promulgated pursuant to pay directly for any alteration, modification of said laws) in or addition to about the Aircraft or to reimburse Sublessee for Premises and associates with Tenant's use and occupancy thereof upon the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedexpiration of ear▇▇▇▇ ▇ermination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Sparkling Spring Water Holdings LTD)

Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions improvements to the Airframe premises (including, but not limited to, roof and Engines as may wall penetrations) without the prior written consent of Landlord. Such consent will not be required from time to time to meet denied provided the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturerimprovements are building standard office/warehouse finishes. In addition, Sublessee may, at its own expense, from time the event Landlord consents to time, make, or procure the making of, such alterations and modifications in and additions including the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the Airframe or any Engine 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 Sublessee it may deem desirable 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 proper conduct property of its business, including, removal of Parts (for purposes Tenant during the term of this Clause 16.4lease and Tenant shall, Obsolete Parts) which Sublessee deems obsolete 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 no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature upon earlier vacating of the Aircraft as a passenger carrying aircraftpremises; provided, however, that if Landlord so elects prior to termination of this lease or change its original type design or configuration, or materially diminish the value or utility upon earlier vacating of the Airframe or any premises, such Enginealterations, or impair additions, improvements and partitions shall become the condition or airworthiness thereof, below property of Landlord as of the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms date of termination of this Agreement. Title to all Parts incorporated lease or installed in or attached or added to upon earlier vacating of the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgagepremises, and shall forthwith be deemed Part 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 Airframe or premises if required by Landlord; upon any such Engineremoval Tenant shall restore the premises to their original condition with consideration for normal wear and tear. Neither Owner Trustee, Lender nor Sublessor All such removals and restoration shall be required under any circumstances accomplished in a good workmanlike manner so as not to pay directly for any alteration, modification damage the primary structure or addition to structural qualities of the Aircraft or to reimburse Sublessee for building and other improvements situated on the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedpremises.

Appears in 1 contract

Sources: Lease Agreement (Hayes Corp)

Alterations. Sublessee The Lessee shall at its own expense, makenot have the right to make any alterations additions, or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe leased Lot unless prior to commencement of any such alterations, additions or improvements, Lessee has received the written consent of the Lessor. Before written consent is granted by Lessor, Lessee shall deliver to Lessor a complete written plan for such alterations additions or improvements. If consent is given: (A) No change or alteration shall impair the structural soundness or diminish the value of the leased property. (B) All tree removal on said premises requires written authorization from Lessor after a plan has been received from Lessee. (C) All boats, trailers and personal property must be removed or tied down by the move out date of each lease year to the satisfaction of Lessor. Any personal property not tied down after move out date may be disposed of by Lessor at Lessee’s expense. This includes fences, grills, refrigerators or any Engine as Sublessee may deem desirable other item. (D) Any and all work performed in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such connection with an alteration, modification, addition or improvement must be done in a workmanlike manner and shall be in compliance with any building and zoning laws, and/or any other laws, ordinances, orders, rules, regulations and requirements of all federal, state or local municipalities or appropriate departments, commissions, boards and officers thereof. (E) Any alteration, addition or improvement made by the Lessee shall become and remain the property of Lessee unless removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or said property would materially diminish the value or utility of the Airframe or any such Engine, damage or impair the condition leased premises and in such event said property shall become the property of the Lessor. In the event Lessee fails to obtain prior written consent for alterations, additions or airworthiness thereofimprovements, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as articles shall become the result property of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, Lessor and shall forthwith be deemed Part remain on the subject Lot at the end of the Airframe or such EngineLease season. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances Failure to pay directly obtain prior written consent for any alteration, modification addition or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedimprovement may result in lease termination.

Appears in 1 contract

Sources: Seasonal Lease Agreement

Alterations. Sublessee (a) Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, Premises (including, removal of Parts (for purposes of this Clause 16.4but not limited to, Obsolete Partsroof and wall penetrations) which Sublessee deems obsolete or no longer suitable or appropriate for use in without the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character or delayedstructure of the Premises or improvements and without overloading or damaging the Premises or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Tenant shall not make any alterations, additions or improvements to the Premises which will contravene Landlord's policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof, Tenant shall pay as additional rent the amount of any such increase promptly upon demand by Landlord. (b) Any and all alterations, additions, improvements, partitions and fixtures erected by Tenant shall be the property of Landlord and shall remain at the Premises upon termination of the Lease or upon earlier vacating of the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease provided such removal may be accomplished without damage to the Premises or to the primary structure or structural qualities of the Building and other improvements situated on the Premises. Tenant shall repair any damage to the Premises, or to the Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, its employees, agents, invitees, or contractors. Should Tenant fail to conduct any such repair within ten days of written notice from Landlord, Landlord may, at its option, perform same, and Tenant shall remit payment to Landlord for the actual cost and expense incurred by Landlord in effecting such repair immediately upon demand.

Appears in 1 contract

Sources: Sublease Agreement (Sciquest Com Inc)

Alterations. Sublessee Tenant shall at its own expense, make, not make any alterations. additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, premises (including, removal of Parts (for purposes of this Clause 16.4without limitation, Obsolete Partsthe roof and wall penetrations) which Sublessee deems obsolete or no longer suitable or appropriate for use in without the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building or delayedimprovements and without overloading or damaging such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if at such time Landlord so elects such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and title shall pass to Landlord under this lease as by a bill ▇▇ sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord: upon any such removal, Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements within which the premises are situated. If Landlord shall, in its sole discretion, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to construction, provide such assurances to Landlord, (including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance) as Landlord shall require to protect Landlord against any loss from any mechanics', laborers' or materialmen's liens, or other liens.

Appears in 1 contract

Sources: Lease Agreement (Ameriquest Technologies Inc)

Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in premises (including but not limited to roof and wall penetrations) without the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld if the proposed alteration, addition or delayedimprovement is non-structural, is not visible from the exterior of the building and does not affect any building system. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, if Landlord so elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition, reasonable wear and tear excepted, by the date of termination of this lease or upon earlier vacating of the premises; otherwise such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord: upon any such removal Tenant shall restore the premises to their original condition, reasonable wear and tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the premises. If requested to do so by Tenant in writing at the time Tenant requests Landlord's consent to a proposed alteration, addition or improvement, Landlord will indicate in its consent to the proposed alteration, addition or improvement (assuming that Landlord otherwise consents thereto) whether Landlord will require the removal of such alteration, addition or improvement upon the termination of this Lease. Otherwise, Landlord may elect to require Tenant to remove any alteration, addition or improvement made by Tenant to the premises, or all or any part of Landlord's Work or Tenant's Work (as provided in Paragraph 31) by giving written notice to Tenant at any time prior to termination of this lease specifying the alterations, additions and/or improvements to be removed.

Appears in 1 contract

Sources: Lease Agreement (Compucom Systems Inc)

Alterations. Sublessee The TENANT shall at not make permanent alterations, redecorate or remove any portion of the building, exterior or interior, without the written consent of the Housing Office. The Management will perform on a scheduled program the painting of apartments. Should TENANT damage or depreciate the unit, the TENANT shall pay the full cost of restoring the premises to its own expenseprior condition. Locks may only be altered or replaced by the LANDLORD. ANIMALS: NO animal or pets are permitted in CST Housing without the express approval of the Campus Housing Office. A non- refundable pet fee, makecurrent records of sterility and immunizations, and a signed Pet Agreement are required. ANNUAL RENT INCREASE: CST Housing rental rates are subject to annual increase every June 1st. TENANTS will be provided written notice of the increase not less than sixty (60) days in advance. ANTENNAS: The TENANT shall obtain written permission from the Housing Office before installing or causing to be installed any television, satellite dish, radio, stereo, or procure the making of, such alterations and modifications in and additions short-wave antennas to the Airframe building exterior. APPLIANCES: Each apartment is supplied with a stove/oven and Engines as a refrigerator. Charges for replacement of refrigerator drawers, shelves, ice trays, or other items which is beyond the normal wear and tear will be absorbed by the TENANT. Upon approval from the Housing Office you may make a request to house an additional appliance with certain restrictions. ASBESTOS DISCLOSURE: California Assembly Bill 3713 mandates that we notify all students and TENANTS who occupy College buildings of the presence of asbestos in the buildings. While asbestos may be required from time present in the older apartments, it should be underscored that it is not in a location or form that present a danger to time TENANTS who occupy these buildings. Please be assured that we are committed to meet maintaining a safe environment for all TENANTS. BALCONIES/WALKWAYS/PATIOS: Public balconies must not be used as storage areas and must be free of clutter. Open flame and cooking is prohibited on any balcony/walkway/patio. BICYCLES: All bikes must be parked at the standards bike racks located in the parking areas or under the covered stair areas or in the individual patio or balcony areas of the Aviation Authority TENANT’S apartment. CST does not allow bicycles to be left in doorways, walkways, stairways, landings, attached to light posts or any Government Entity having jurisdiction signs, or in any countrycommon areas. TENANTS are responsible and liable for bicycles owned by them and their children. CHECK-IN & CHECK-OUT: Before checking in, statethe Housing Services Coordinator will make sure the apartment is clean. The TENANT will make an appointment with the Director of Housing to check-in to an apartment. Before checking out, county each TENANT must fill out a Notice of Intent to Vacate Form or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins give written notice within thirty (30) days of the Manufacturer. In additionmove-out date, Sublessee mayand must make an appointment with the Director of Housing to schedule a check-out, at its own expensewhich time the TENANT will return all keys, from time to timelaundry cards, makeprovide a forwarding address, or procure the making ofand pay all outstanding balances. The TENANT is responsible for returning all keys, such alterations laundry cards, and modifications in and additions including the making of any improvements a forwarding address to the Airframe or any Engine as Sublessee may deem desirable Housing Office during normal business hours. CHILDREN: Parents are responsible for their children's actions and activities. Children must be accompanied and supervised at all times. Do not leave toys in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedpublic areas.

Appears in 1 contract

Sources: Residential Lease Agreement

Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, premises (including, removal of Parts (for purposes of this Clause 16.4without limitation, Obsolete Partsthe roof and wall penetrations) which Sublessee deems obsolete or no longer suitable or appropriate for use in without the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building or delayedimprovements and without overloading or damaging such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if at such time Landlord so elects such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and title shall pass to Landlord under this lease as by a ▇▇▇▇ of sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition, ordinary wear and tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements within which the premises are situated. If Landlord shall consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to construction, provide such assurances to Landlord, (including but not limited to, surety company performance bonds) as Landlord shall reasonably require to protect Landlord against any loss from any mechanics’, laborers’ or materialmen’s liens, or other liens. Notwithstanding the foregoing, Landlord agrees that Tenant shall not be obligated to remove the remodeling of the existing offices, construction of new office area adjacent to the existing offices, installation of lights and a heating system in the warehouse which are completed during the first six (6) months of the lease term.

Appears in 1 contract

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

Alterations. Sublessee Tenant shall at its own expensenot make any alterations, make, additions or procure the making of, such alterations and modifications in and additions improvements to the Airframe and Engines as may be required from time to time to meet the standards or of the Aviation Authority Premises or any Government Entity having jurisdiction in part thereof, nor attach any countryfixtures or equipment thereto, statewithout first obtaining Landlord's written consent. Any such alterations, county additions or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its businessPremises consented to by Landlord, includingif made by Landlord for Tenant, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, paid for by Tenant within ten (10) days after receipt of Landlord's statement therefor; and Tenant shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee Landlord for the cost thereofthereof plus 15% of the actual cost to reimburse Landlord for its overhead. Any At the option of the Landlord, all such alterations, additions and improvements shall become Landlord's property (including, but not limited to, any and all floor coverings, wall coverings, baseboards, doors, door fixtures, windows, skylights, walls, electrical wiring and switches, lights and light fixtures, plumbing, bathroom and/or kitchen fixtures, security and fire detection equipment, sprinklers, and all heating and/or air conditioning equipment, but excluding furniture, trade fixtures and other items, whether or not specifically mentioned above that are unattached and readily movable) and, at the end of the Lease Term, shall remain on the Premises without compensation to Tenant unless Landlord elects by written notice to Tenant to have Tenant remove same, in which event Tenant shall promptly restore the Premises to their condition prior to the installation of such alterations, additions and improvements. In any case, no alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentshall be made by Tenant which shall alter the basic structural soundness of the improvements, which consent shall not be unreasonably withheld penetrate exterior walls, windows, doors or delayedthe roof, or which, in Landlord's opinion, adversely affect any mechanical, electrical or plumbing systems of the Project.

Appears in 1 contract

Sources: Industrial Lease Agreement (Advanced Materials Group Inc)

Alterations. Sublessee Tenant shall at its own expensenot make or allow to be made any material alterations, make, additions or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe Premises (defined as alterations, additions or any Engine as Sublessee may deem desirable improvements costing in the proper conduct excess of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000$5,000.00), or alter alterations, additions or improvements which affect the fundamental nature structural or mechanical systems of the Aircraft as a passenger carrying aircraftBuilding, or change its original type design or configuration, or materially diminish either at the value or utility inception of the Airframe Lease or any such Enginesubsequently during the Term, or impair without obtaining the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld withheld. Tenant shall deliver to Landlord the contractor's name, references and state license number, as well as full and complete plans and specifications of all such alterations, additions or delayedimprovements, and any subsequent modifications or additions to such plans and specifications, and no proposed work shall be commenced or continued by Tenant until Landlord has received and given its written approval of each of the foregoing. 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 to the Premises. All alterations, additions or improvements shall remain the property of Tenant until termination of the Lease, at which time they shall, unless otherwise elected by Landlord by written notice to Tenant, be and become the property of Landlord. Landlord shall, at the time Tenant seeks Landlord's approval of any such alterations, additions or improvements, notify Tenant whether Landlord will, at the expiration or earlier termination of this Lease, require Tenant to remove any partitions, counters, railings and/or other improvements installed by Tenant during the Term. Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord all costs arising from such removal. All repairs, alterations, additions and restorations by Tenant hereinafter required or permitted shall be 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 Landlord, Tenant shall secure at Tenant's own cost and expense a completion and lien indemnity bond or other adequate security in form and substance reasonably satisfactory to Landlord. Tenant shall reimburse Landlord for Landlord's reasonable charges (including any professional fees incurred by Landlord and a reasonable administrative fee as established by Landlord from time to time) for reviewing and approving or disapproving plans and specifications for any proposed alterations.

Appears in 1 contract

Sources: Lease Agreement (Data Critical Corp)

Alterations. Sublessee Tenant shall at its own expensenot make any alterations, makeadditions or improvements to the Premises or penetrate any roof or exterior demising wall, or procure install any antenna, satellite dish, or any exterior structure, without the making ofprior written consent of Landlord, not to be unreasonably withheld. Any interior work to the Premises will also require the prior written consent of Landlord, unless work done is strictly aesthetic in nature, i.e. painting, picture hanging, etc. Alterations, additions, and improvements erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition upon Commencement Date by the date of termination of this Lease or upon earlier vacating of the Premises; provided however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations alterations, additions, and modifications in improvements shall become the property of the Landlord as of the date of termination of the Lease or upon earlier vacating of the Premises, and additions shall be delivered up to the Airframe Landlord with the Premises. However, any and Engines as may be required from time all non-structural alterations to time to meet the standards Premises per this Section 6 of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which Lease are the Aircraft is flown or the FAA and any mandatory or recommended service bulletins sole property of the ManufacturerTenant. In addition, Sublessee may. Tenant, at its own cost and expense, from time to timemay erect such shelves, makebins, machinery and trade fixtures as it desires provided that (a) such items do not alter the basic character of the Premises or procure the making of, building and/or improvements of which the Premises are a part; (b) such alterations and modifications in and additions including items do not overload or damage the making of any improvements same; (c) such items may be removed without injury to the Airframe Premises; and (d) the construction, erection or any Engine as Sublessee may deem desirable in installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord’s specifications and requirements. All shelves, bins, machinery, and trade fixtures installed by Tenant shall be removed on or before the proper conduct earlier to occur of its business, including, removal the date of Parts (for purposes termination of this Clause 16.4Lease or vacating the Premises, Obsolete Parts) at which Sublessee deems obsolete or no longer suitable or appropriate for use time Tenant shall restore the Premises to their original condition upon Commencement Date. All alterations, installations, removals and restoration shall be performed in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, a good and workmanlike manner so as not to damage or alter the fundamental nature primary structural qualities of the Aircraft as buildings and other improvements situated on the Premises or of which the Premises are a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedpart.

Appears in 1 contract

Sources: Lease Agreement (Cryo Cell International Inc)

Alterations. Sublessee Tenant shall at its own make no changes in or to the demised premises of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this article, Tenant and Tenant's expense, makemay make alterations, installments, additions or procure the making ofimprovements which are non-structural and which do not adversely affect utility services or plumbing and electrical lines, such alterations and modifications in and additions or to the Airframe interior of the demised premises by using contractors or mechanics first approved by Landlord. All fixtures and Engines all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required from time by Landlord, Tenant shall immediately and at its expense, repair and restore the premises to time the condition existing prior to meet installation and repair any damage to the standards demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the Aviation Authority or any Government Entity having jurisdiction term remaining in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA premises after Tenant's removal shall be deemed abandoned and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at the election of Landlord, either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its own expense, from time obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to timeLandlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation reasonably, makegeneral liability, personal and property damage insurance as Landlord may require. If any mechanic's lien or U.C.C. financing statement is filed against the demised premises or the building of which the same forms a part, for work claimed to have been done for, or procure materials furnished to, Tenant, whether or not done pursuant to this article, the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition same shall be vested in Owner Trusteedischarged by Tenant within ten days after notice, subject to at Tenant's expense, by filing the Mortgage, and shall forthwith be deemed Part of the Airframe bond required by law or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayedotherwise.

Appears in 1 contract

Sources: Sublease Agreement (Maxwell Shoe Co Inc)

Alterations. Sublessee shall at its own expense, make, On or procure the making of, such alterations and modifications in and additions prior to the Airframe commencement date, Landlord agrees to substantially complete the installation at Landlord’s cost and Engines as may be required from time to time to meet the standards expense of the Aviation Authority or any Government Entity having jurisdiction improvements described in any countryExhibit C attached hereto, state, county or all of which shall be building standard unless otherwise approved in writing by Landlord. All other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition leased premises shall be vested installed at the cost and expense of Tenant (which cost shall be payable as additional rent within fifteen (15) days after demand by Landlord), but only in Owner Trustee, subject to the Mortgageaccordance with plans and specifications which have been previously approved in writing by both Tenant and Landlord, and shall forthwith be deemed Part of the Airframe only by Landlord or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, by contractors and subcontractors approved in writing by Landlord (which consent approval shall not be unreasonably withheld withheld). In connection with any request for an approval of alterations by Tenant (whether before or delayedafter the commencement date), Landlord may retain the services of an architect and/or engineer and Tenant shall reimburse Landlord for the reasonable fees of such architect and/or engineer not to exceed $ 1,500.00, unless written notice of a higher amount is given to Tenant prior to being incurred. All alterations, additions, improvements and partitions installed or erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all such alterations, additions, improvements and partitions installed or erected by Tenant (but not the initial improvements installed by Landlord) and, by the date of termination of this lease or upon earlier vacating of the leased premises, restore the leased premises to the condition existing prior to such alterations, additions, improvements and partitions; provided, however, that, Landlord shall give written notice to Tenant of the requirement of removal or its election not to require removal of each such alteration, addition, improvement or partition at or before the time Landlord issues its approval of the plans and specifications submitted therefor by Tenant. All such alterations, additions, improvement and partitions not removed shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the leased premises and title shall pass to Landlord under this lease as by a b▇▇▇ of sale. All such removals and restoration shall be accomplished in a good workmanlike manner by contractors approved in writing by Landlord so as not to damage the leased premises or the Building. All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all governmental laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide such assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to assure payment of the costs thereof and to protect Landlord against any loss from any mechanics’, laborers’, materialmen’s or other liens.

Appears in 1 contract

Sources: Lease Agreement (Double-Take Software, Inc.)

Alterations. Sublessee Tenant shall not make or suffer to be made any alterations, additions, or improvements in, on, or to the Premises or any part thereof without the prior consent of Landlord; provided, however, that Tenant shall be permitted to make interior, non-structural alterations o the Premises without Landlord’s consent provided such alterations do not affect the Building’s MEP systems, life safety systems, HVAC system or structural integrity and do not cost more than $20,000 in any twelve (12) month period.. Any such alterations, additions, or improvements in, on, or to said Premises, except for Tenant’s movable furniture and equipment, shall immediately become Landlord’s property and, at its own the end of the term hereof, shall remain on the Premises without compensation to Tenant. In the event Landlord consents to the making of any such alteration, addition, or improvement by Tenant, the same shall be made by Tenant, at Tenant’s sole cost and expense, makein accordance with all applicable laws, ordinances, and regulations and all requirements of Landlord’s and Tenant’s insurance policies, and in accordance with plans and specifications approved by Landlord and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing at the time of installation by Landlord. Upon the expiration or sooner termination of the term herein provided, Tenant shall, at Tenant’s sole cost and expense, forthwith and with all due diligence, remove any or all alterations, additions, or procure improvements made by or for the making ofaccount of Tenant which were designated by Landlord at the time of installation in writing as alterations, such alterations and modifications in and additions to the Airframe and Engines or improvements that must be removed by Tenant as may be required from time to time to meet the standards of the Aviation Authority expiration or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins earlier termination of the ManufacturerLease. Otherwise, Tenant shall have no obligation to remove any such alterations, additions or improvements. In addition, Sublessee maynotwithstanding anything herein to the contrary, at its own expense, from time in the event the Tenant is permitted to time, makeremove an improvement within the Premises, or procure in the making of, such alterations and modifications in and additions including event the making of any improvements permitted alteration to the Airframe or any Engine as Sublessee may deem desirable in Premises includes demolition, the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, which consent Tenant shall not be unreasonably withheld required to replace any such improvement or delayedto construct any improvements upon the termination of the Lease unless the Landlord required the same at the time the Landlord granted its consent to such alterations.

Appears in 1 contract

Sources: Office Lease Agreement (Neenah Paper Inc)