Common use of Alterations Clause in Contracts

Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premises.

Appears in 3 contracts

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

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Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, but not limited towithout limitation, the roof and wall penetrations) without the prior written consent of Landlord. Such If Landlord shall, consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable governmental laws, ordinances ordinances, rules and regulations, regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same same, or, at Landlord's option and all subcontractors must first discretion, the alterations, additions or improvements shall be approved in writing made by LandlordLandlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building Building or improvements Development and without overloading the floor or damaging such building Building or improvementsDevelopment, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities quality of the building and other improvements situated on the premisesBuilding.

Appears in 3 contracts

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

Alterations. a. Tenant shall not make any alterations, alterations or additions or improvements to the premises (includinginterior of the Premises which are visible from the exterior of the premises, but not limited toto the exterior of the Premises, roof and wall penetrations) or to the 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 roof top equipment must be screened in a manner reasonably acceptable to Landlord and must comply with the 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 the Lease Term or earlier termination of the Lease. Tenant shall use Landlord’s then-current roof contractor for purposes of (i) installation and placement of the refrigeration equipment and any piercing of the roof membrane in order to facilitate the installation thereof, and (ii) removal of the refrigeration equipment and repair/restoration of the roof membrane to its original weather-resistant condition as of the Ready for Occupancy Date, ordinary wear and tear excepted. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for its roof penetrations and any problems arising from such penetrations including any repairs to interior portions of the Premises. b. Tenant shall begin alterations or additions to the interior of the Premises, only after first delivering to Landlord the 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 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 ground-based refrigeration equipment, coolers, chillers, walk-in or reach-in refrigeration equipment, movable partitions, signs, and any property bearing any of the Tenant’s trade names or trademarks, whether registered or unregistered, and all other items of personal property which Tenant utilizes to conduct its business on the 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. Such consent will not be denied provided Notwithstanding the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenantforegoing, the same shall Tenant may install, one or more: cart corrals,; outdoor bicycle racks, and, picnic, or similar tables all at locations to 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 mutually acceptable to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premises.Tenant

Appears in 2 contracts

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

Alterations. Tenant shall not make any All alterations, additions or and improvements, except trade fixtures, installed at expense of Tenant, shall become the property of Landlord and shall remain upon and be surrendered with the leased premises as a part thereof on the termination of this lease. Such alterations, additions, and improvements to the premises (including, but not limited to, roof and wall penetrations) without may only be made with the prior written consent of Landlord. Such , which consent will shall not be denied provided the improvements are building standard office/warehouse finishesunreasonably withheld. In the event Landlord consents to If consent is granted for the making of improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the leased premises, in connection with the making of such improvements or alterations. No cooling tower, additions equipment, or improvements by Tenant, the same structure of any kind shall be made placed on the roof or elsewhere on the leased premises by TenantTenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's sole cost expense and expensein such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, in accordance with all applicable lawsequipment or structure temporarily, ordinances so that repairs to the roof can be made. Tenant shall promptly remove and regulationsreinstall the cooling tower, and all requirements of Landlord's and equipment or structure at Tenant's insurance policies expense and only in accordance with plans and specifications approved by Landlord; and repair at Tenant's expense any contractor damage resulting from such removal or person selected by reinstallation. Upon termination of this lease, Tenant shall remove or cause to make be removed from the same and all subcontractors must first be approved in writing roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant may, without the consent of Landlord, but shall promptly repair at its own cost expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and expense and in a good workmanlike manner erect such shelvescondition, bins, machinery and natural deterioration only excepted. Any damage caused by the installation or removal of trade fixtures as it may deem advisable, without altering shall be repaired at Tenant's expense prior to the basic character expiration of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirementslease term. All alterations, improvements, additions, improvements and partitions erected repairs made by Tenant shall be made in good and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesmanner.

Appears in 2 contracts

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

Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, but not limited to, roof and wall penetrationspenetrations or alterations, additions or improvements affecting building, mechanical or electrical systems or equipment) without the prior written consent of Landlord. Such , which consent will not may be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents withheld in its sole discretion or may be conditioned on, among other things, proof of insurance coverage, payment and performance bonds, in forms, amounts and by companies acceptable to the making Landlord, and Xxxxxxxx's review of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; specifications, Xxxxxx's contractor and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by LandlordXxxxxx's building permit. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term Term of this lease Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises Premises to their original condition by the date of termination of this lease Lease or upon earlier vacating of the premisesPremises; provided, however, that if Landlord so elects prior to termination of this lease Lease or upon earlier vacating of the premisesPremises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease Lease or upon earlier vacating of the premises Premises and shall be delivered up to the Landlord with the premisesPremises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premisesPremises. Landlord shall have the right at any time and from time to time to make changes or alterations to any portion of the Project other than the Premises and Landlord shall not be subject to any liability with respect to such alterations.

Appears in 2 contracts

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

Alterations. a) Tenant shall not create any openings in the roof or exterior walls, nor make any alterations, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) exterior Demised Premises without the prior written consent of Landlord. Such consent will Consent for minor alterations, additions, or improvements shall not be denied provided unreasonably withheld by Landlord. Tenant shall have the right to make alterations and improvements are building standard office/warehouse finishes. In the event Landlord consents to the making interior of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, building on the Demised Premises and at all times to install Tenant's sole cost shelves, bins, machinery, equipment and expensetrade fixtures, in accordance provided Tenant complies with all applicable governmental laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect further provided that such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected installations by Tenant shall be and remain not cause any structural or other damage or deface the property Demised Premises. Providing Tenant is not in default of Tenant during any of the term terms, covenants or conditions of this lease Lease, Tenant shall have the right to remove at the termination of this Lease such items so installed, including any machinery or equipment installed and paid for by Tenant, if any (as specifically differentiated from any such equipment owned by Landlord); however, Tenant shall, unless Landlord prior to the termination of this Lease, promptly repair any damage caused by such removal. b) Except as otherwise elects as hereinafter providedprovided above regarding Tenant's right to remove certain installations or additions, remove all alterations, additions, additions and improvements and partitions erected made by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of at the date of termination or expiration of this lease Lease, or upon earlier vacating of Landlord may require Tenant to remove such alterations, additions and improvements and any other property placed in or on the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed Demised Premises by Tenant may be removed by Tenant prior and restore the property to the termination of this lease if Tenant so electsits original condition, and Tenant shall be removed repair any damage caused by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore and leave the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished Demised Premises in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building broom clean and other improvements situated on the premisesorderly condition.

Appears in 2 contracts

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

Alterations. (a) Tenant shall not make make, or permit to be made, any alterations, additions or improvements to the premises (includingPremises, but not limited toor any part thereof, roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Such Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not be denied provided materially or adversely affect the improvements are building standard office/warehouse finishes. In Building Systems, (ii) the event Landlord consents to the making total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the same Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system. (b) All additions, alterations or improvements, including, but not limited to, heating, lighting, electrical, air conditioning, fire extinguishers, lighting fixtures, ballasts, light globes, and tubes, hot water heaters, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, at Tenant's sole cost and expense, in accordance together with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character property that has become an integral part of the building or improvements and without overloading or damaging such building or improvementsBuilding, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall at once be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so electsLandlord, and shall not be removed by deemed trade fixtures, but any or all are subject to removal pursuant to paragraph 10 hereof. Notwithstanding anything to the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building contrary herein, Tenant’s trade fixtures, furniture, equipment and other improvements situated on personal property installed in the premisesPremises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. Tenant may remove Tenant’s Property from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in any item of Tenant’s Property.

Appears in 2 contracts

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

Alterations. Excepting Tenant’s Upfit, Tenant shall not make any no alterations, additions additions, or improvements to the premises (including, but not limited to, roof and wall penetrations) Premises without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event , and any such request by Tenant of Landlord consents to the making of make any such alterations, additions or improvements shall in each case be accompanied 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; for such alterations, additions and improvements all in such detail as Landlord may reasonably required. Any alteration, addition or improvement to the Premises which results in any contractor damage to the Premises or person selected by Tenant the alteration, addition or improvement to make the same and all subcontractors must first be approved Premises which results in writing by Landlord. Tenant may, without any damage to the consent of LandlordPremises or the Building including, but not limited to the floor, ceiling or outside walls shall be repaired by the Tenant 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 termination of the building Lease, or improvements and without overloading or damaging such building or improvementsif sooner, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirementsupon the request by the Landlord. All alterations, additionsadditions and improvements (including, improvements without limitation, all partitions, walls, railings, carpeting, and partitions erected floor coverings) made by, for or at the direction of the Tenant, shall remain upon and be surrendered with the Premises as a part thereof at the expiration or earlier termination of this Lease. All contractors and subcontractors employed by Tenant for any such work shall be subject to Landlord’s prior approval. Tenant shall comply with all applicable laws and obtain all licenses and permits required by any applicable authority before commencing construction. Any alarm or sprinkler system installed by Tenant must be compatible with any such system maintained by Landlord for the Building, Tenant and all contractors and subcontractors employed or engaged by Tenant shall comply with the Contractor Upfit and Insurance Procedures and Requirements prepared by Landlord for the Building, a copy of which will be and remain the property of provided to Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all upon request All alterations, additions, additions and improvements and partitions erected made by Tenant to the Premises, including without limitation, the initial alterations, additions and restore improvements made to the premises to their original condition by Premises, shall remain in the date of Premises and shall not be removed therefore at any time. Upon the expiration or any earlier termination of this lease Lease, Tenant shall promptly reimburse Landlord for any expense or upon earlier vacating of cost incurred by Landlord in restoring 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 Premises to the Landlord with condition in which the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to Premises were at 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 time Tenant shall restore have occupied the premises to their original condition with consideration same, except for normal Tenant’s Upfit and for ordinary wear and tear. All such removals , fire or other casualty and restoration shall be accomplished alterations, additions and improvements to the Premises consented to in a good workmanlike manner so as not writing by Landlord unless Landlord is entitled to damage and notifies Tenant to remove the primary structure or structural qualities of the building and other improvements situated on the premisessame.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Bank of South Carolina Corp)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the demised premises (including, but not limited to, roof and wall penetrations) of any nature without Owner's prior written consent. Subject to the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents Owner, and to the making provisions of any such this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises by using contractors or mechanics first approved by Owner. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be made discharged by TenantTenant within thirty days thereafter, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, by filing the bond required by law. All fixtures and all requirements of Landlord's paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner in Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant maybehalf, without the consent of Landlordshall, but at its own cost and expense and in a good workmanlike manner erect such shelvesupon installation, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant during no later than twenty days prior to the term date fixed as the termination of this lease lease, elects to relinquish Owner's right thereto and Tenant shallto have them removed by Tenant, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected in which event the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to their original the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed, by Tenant at the date of termination of this lease or upon earlier vacating end of the premises; 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 term remaining in the premises and after Tenant's removal shall be delivered up to deemed abandoned and may, at the Landlord with the premises. All shelveselection of Owner, bins, machinery and trade fixtures installed by Tenant either be retained as Owner's property or 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 from the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesOwner, at Tenant's expense.

Appears in 2 contracts

Samples: Office Lease (American Portfolios Holdings Inc), Office Lease (American Portfolios Holdings Inc)

Alterations. Tenant Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which shall not make be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the premises Sublease Premises, or any part thereof (includingand/or in any other part of the Master Lease Premises), but not limited to(i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, roof or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and wall penetrations(ii) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by TenantSublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the same shall be made by TenantTenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, at Tenant's sole cost due to safety, security and expenseother reasonable considerations arising in connection with the performance of any alterations, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building additions or improvements and without overloading by or damaging such building on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All installation of certain alterations, additions, additions or improvements and partitions erected by Tenant shall be and remain the property or on behalf of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premisesSublandlord; provided, however, that if Landlord so elects prior Sublandlord and Subtenant shall reasonably cooperate with each other to termination afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this lease or upon earlier vacating of the premises, such alterations, additions, improvements Sublease and partitions shall become the property of (iii) Master Landlord as of the date of termination of has consented to this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesSublease.

Appears in 2 contracts

Samples: Sublease (Pulmonx Corp), Sublease (Pulmonx Corp)

Alterations. Tenant shall not make or suffer to be made any alterations, additions additions, or improvements which are structural in nature or which affect utility lines or equipment serving other portions of the property, Building or in, on, or to the premises (including, but not limited to, roof and wall penetrations) Premises or any part thereof or make any improvements without the prior written consent of Landlord, which may be withheld in Landlord’s reasonable discretion. Such consent will not be denied provided the improvements are building standard office/warehouse finishesWhen applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. In the event Landlord consents to the making of any such alterationsalteration, additions addition or improvements improvement by Tenant, the same shall be made using a contractor acceptable to Landlord at Tenant’s sole cost and expense. All alterations, additions or improvements performed by TenantTenant shall be constructed in accordance with all government laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide to Landlord waivers of lien to protect Landlord against any loss from any mechanics’, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Paragraph 5 or 6 above any increase in real estate taxes attributable to any such alteration, addition, or. improvement for so long, during the Term, as such increase is ascertainable. Upon the expiration or sooner termination of the Term as herein provided, Tenant shall upon demand by Landlord, at Tenant's ’s sole cost and expense, in accordance forthwith and with all applicable lawsdue diligence remove any such alterations, ordinances and regulationsadditions or improvements which are designated by Landlord to be removed, and Tenant shall forthwith and with all requirements of Landlord's due diligence, at its sole cost and Tenant's insurance policies expense, repair and only in accordance with plans restore the Premises to their original condition, reasonable wear and specifications approved tear and loss by Landlord; and any contractor casualty excepted Any alteration, additions or person selected improvements to be done by Tenant or Landlord as part of Tenant’s initial occupancy shall be specified in Exhibit B. Any alteration, addition, or improvement in, on, or to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of LandlordPremises including carpeting, but at its own cost and expense and in a good workmanlike manner erect such shelvesexcepting movable furniture, binspersonal property, machinery and trade fixtures as it may deem advisableof Tenant, which are removable without altering material damage to the basic character of property or the building or improvements and without overloading or damaging such building or improvementsPremises, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant Term but shall, unless Landlord otherwise elects as hereinafter providedotherwise, remove all alterations, additions, improvements become a part of the realty and partitions erected by belong to Landlord without compensation to Tenant and restore upon the premises to their original condition by the date of expiration or sooner termination of the Term and title shall pass to Landlord under this lease or upon earlier vacating Lease as by a xxxx of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisessale.

Appears in 2 contracts

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

Alterations. After the Commencement Date, Tenant shall not make any alterationsadditions, additions changes, alterations or improvements (“Alterations”) to the premises (includingPremises or the Building, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same All Alterations shall be made by Tenant, at Tenant's ’s sole cost and expense, shall be performed in accordance with all applicable laws, ordinances a good and regulations, workmanlike manner and all requirements materials used shall be of Landlord's a quality comparable to those in the Premises and Tenant's insurance policies the Building and only shall be in accordance with plans and specifications approved by Landlord; . All Alterations shall be performed in accordance with reasonable requirements established by Landlord, including, upon Landlord’s request, provision of a lien and completion bond in an amount equal to 150% of the cost of the Alterations. In any contractor or person selected by case, Tenant shall pay Landlord a reasonable fee to make cover Landlord’s costs incurred in reviewing Tenant’s plans and specifications. Tenant shall maintain a safe working environment, including the same continuation of all fire and all subcontractors must first be approved security protection devices, if any, previously installed in writing the Premises by Landlord. All damages or injury done to the Premises or the Building by Tenant may, without or by any persons who may be in or upon the Premises or the Building with the express or implied consent of LandlordTenant, including but not limited to the cracking or breaking of any glass of windows and doors, shall be paid for by Tenant and Tenant shall pay for all damage to the Building caused by acts or omissions of Tenant or Tenant’s officers, contractors, subcontractors, agents, invitees, licensees, employees, successors or assigns. If Landlord consents to any Alterations by Tenant, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of any Alterations. Except as otherwise provided herein, all Alterations, except Tenant’s moveable personal property that does not become a part of the Building shall remain in and be surrendered with the Premises as a part thereof at the expiration or sooner termination of this Lease. Landlord may require Tenant to remove any Alterations and to restore the Premises to its own cost and condition prior to the completion of any Alterations at the expiration or termination of the Term, such work to occur at Tenant’s expense and in Tenant shall repair all damage to the Premises or Building occurring as a good workmanlike manner erect result of such shelvesremoval or restoration. If Tenant fails to remove any Alterations as required by Landlord or repair any damage occurring during such removal, binsLandlord shall be entitled to remove any Alterations or make such repairs, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying at Tenant’s expense. Tenant shall comply with all applicable governmental laws, ordinances, codes and regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove in connection with all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesAlterations.

Appears in 2 contracts

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

Alterations. Tenant shall not make any All alterations, additions or and improvements, except trade fixtures, installed at expense of Tenant, shall become the property of Landlord and shall remain upon and be surrendered with the leased premises as a part thereof on the termination of this lease. Such alterations, additions, and improvements to the premises (including, but not limited to, roof and wall penetrations) without may only be made with the prior written consent of Landlord. Such , which consent will shall not be denied provided the improvements are building standard office/warehouse finishesunreasonably withheld. In the event Landlord consents to If consent is granted for the making of improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the leased premises, in connection with the making of such alterationsimprovements or alteration. No cooling tower, additions equipment, or improvements by Tenant, the same structure of any kind shall be made placed on the roof or elsewhere on the leased premises by TenantTenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's sole cost expense and expensein such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, in accordance with all applicable lawsequipment or structure temporarily so that repairs to the roof can be made, ordinances Tenant shall promptly remove and regulationsreinstall the cooling tower, and all requirements of Landlord's and equipment or structure at Tenant's insurance policies expense and only in accordance with plans and specifications approved by Landlord; and repair at Tenant's expense any contractor damage resulting from such removal or person selected by reinstallation. Upon termination of this lease, Tenant shall remove or cause to make be removed from the same and all subcontractors must first be approved in writing roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant may, without the consent of Landlord, but shall promptly repair at its own cost expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and expense and in a good workmanlike manner erect such shelvescondition, bins, machinery and natural deterioration only excepted. Any damage caused by the installation of trade fixtures as it may deem advisable, without altering shall be repaired at Tenant's expense prior to the basic character expiration of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirementslease term. All alterations, improvements, additions, improvements and partitions erected repairs made by Tenant shall be made in good and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesmanner.

Appears in 2 contracts

Samples: Commercial Lease, Commercial Lease

Alterations. (a) Tenant shall not make any alterations, additions or improvements (collectively, "Alterations") in, on or to the premises (including, but not limited to, roof and wall penetrations) Premises or any part thereof without the prior written consent of Landlord. Such consent will not be denied provided Any Alterations, except for Tenant's movable furniture and equipment, shall immediately become Landlord's property and, at the improvements are building standard office/warehouse finishesend of the Term, shall remain on the Premises without compensation to Tenant; provided, however, that any such movable furniture and equipment, otherwise belonging to Tenant, but which shall remain on the Premises at the expiration or other termination of the Term shall also become the property of Landlord unless promptly removed by Tenant. In the event Landlord consents shall consent to the making of any such alterations, additions or improvements Alterations by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications previously approved by Landlord; , and any contractor or person selected by Tenant to make the same and all subcontractors Alterations must first be approved in writing by Landlord. Before any Alterations shall be commenced, Tenant may, without the consent of Landlord, but at its own cost shall furnish Landlord with workmen's compensation and expense public liability insurance and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying shall comply with all applicable governmental laws, including but not limited to the Mechanic's Lien Law of the State of Florida, ordinances, regulations regulations, building codes, and other requirementsshall obtain all required permits, inspections, and certificates as shall be required by all governmental agencies having jurisdiction thereof. All alterationsUpon the expiration or sooner termination of the Term, additions, improvements and partitions erected by Tenant shall be upon demand by Landlord, at Tenant's sole cost and remain expense, remove any Alterations made by or for the property account of Tenant during the term of this lease Tenant, which Landlord shall designate for removal, and Tenant shall, unless Landlord otherwise elects as hereinafter providedat its sole cost and expense, remove all alterations, additions, improvements and partitions erected by Tenant repair and restore the premises Premises to their its original condition condition. Notwithstanding the aforementioned, Tenant will only be required to remove those Alterations not previously approved by Landlord. (b) Lessee shall not paint or install any signs in or on the date of termination of this lease Premises, on the exterior doors, plate glass or upon earlier vacating exterior walls of the premises; providedPremises or the Building, however, that if Landlord so elects without the prior written consent of Landlord. Such written consent shall be required as to termination of this lease or upon earlier vacating the content of the premisessign, its size, material, format, the manner and method of its installation. Landlord reserves the right to require Tenant, at Tenant's sole expense, to modify, remove, replace or redesign its sign so as to harmonize the sign with the overall appearance and design now or hereafter existing in the Building. Landlord reserves the right to change the sign policies and design criteria with respect thereto at any time during this Lease and Tenant agrees to conform to such alterationschanges within fifteen (15) days of receipt of written notice from Landlord pertaining thereto. No furniture, additionsdoormats, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and other objects shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed placed by Tenant may be removed by Tenant prior to in the termination of this lease if Tenant so elects, and shall be removed by corridors or elsewhere in or about the date of termination of this lease or upon earlier vacating of Building other than within the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesPremises.

Appears in 2 contracts

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

Alterations. Tenant shall not make any alterations, additions or improvements alterations to the premises (including, but not limited to, roof and wall penetrations) Premises or the Business Park without the Landlord's prior written consent of Landlord. Such consent will which shall not be denied provided the improvements are building standard office/warehouse finishesunreasonably withheld. In the event If Landlord consents gives its consent to the making of any such alterations, additions or improvements by Tenant, Landlord may post notices in accordance with the same shall be laws of the state in which the Premises are located. All alterations made by Tenant, whether or not subject to the approval of Landlord, shall be performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within thirty (30) days before or thirty (30) days after expiration of the Term, elect to require Tenant to remove some or all of the alterations which Tenant may have made to the Premises. If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition designated by Landlord in its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's sole cost alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations. shall secure all appropriate governmental approvals and expense, in accordance with all applicable laws, ordinances and regulationspermits, and all requirements of Landlord's and Tenant's insurance policies and only shall complete such alterations with due diligence in accordance compliance with plans and specifications approved by Landlord; . Tenant shall pay all costs for such construction and shall keep the Premises free and clear of all mechanics' liens which may result from construction by Tenant. Notwithstanding anything in this Lease to the contrary: a. Tenant shall not be required to remove any contractor improvement or person selected fixture installed by Tenant in, on or about the Premises pursuant to Tenant's repair obligation under this Lease, and Tenant shall not be required to remove any alterations, improvements, additions or utility installations for which Tenant has obtained Landlord's consent, unless Landlord has indicated, at the time of granting such consent, that such removal will be required. b. Tenant shall be entitled to remove Tenant's furniture, equipment, trade fixtures and other personal property at the expiration of the term, provided Tenant repairs all damages caused by such removal. c. Tenant shall be entitled to make alterations and utility installations in, on, under or about the same and all subcontractors must first be approved in writing by Landlord. Tenant may, Premises without the consent of Landlord, but at its own so long as the cost and expense and in a good workmanlike manner erect of such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering alteration or utility installation does not (i) exceed the basic character sum of $2,500; (ii) affect the structural or exterior portions of the building Building or improvements and without overloading adversely affect the Building electrical, plumbing or damaging such building HVAC systems; or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements(iii) involve the removal or relocation of any walls. 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 however, provide Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements fifteen (15) days prior advance written notice and partitions erected by Tenant and restore the premises to their original condition by the date copies of termination of this lease or upon earlier vacating a description of the premises; provided, however, that if alteration along with building permit plans(s) and specifications to enable Landlord so elects prior to termination post any desired notices of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesnon-responsibility.

Appears in 2 contracts

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

Alterations. Tenant shall not In the event Subtenant desires to make any alterations, additions or improvements to the premises (includingSublease Premises, but not limited toSubtenant shall concurrently provide to each of Sublandlord and Master Landlord, roof in accordance with the notice provisions herein, a description of the proposed alterations, additions or improvements, together with and wall penetrations) 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 (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. Such Sublandlord shall not unreasonably withhold, condition or delay its consent will to any proposed alteration, addition or improvement. Notwithstanding the foregoing, it shall not be denied provided 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 are building standard office/warehouse finishesshall be installed in accordance with the terms of the Master Lease. In the event Landlord consents to the making of Subtenant makes any such alterations, additions or improvements by Tenantimprovements, Subtenant shall restore the same shall be made by TenantSublease Premises at the expiration or earlier termination of the Sublease Term to its condition existing as of the Commencement Date, at Tenant's sole cost reasonable wear and expensetear excepted, unless Master Landlord otherwise agrees 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 writing. If Master Landlord agrees in writing by Landlord. Tenant maythat any alterations, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building additions or improvements and without overloading installed by Subtenant may remain in the Sublease Premises upon the expiration 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 earlier termination of this lease Sublease, Sublandlord shall not have the right to require that Subtenant remove those alterations, additions or improvements upon the expiration or earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesSublease.

Appears in 2 contracts

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

Alterations. (a) Tenant shall not make any alterations, additions or improvements to the premises Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such , which consent will shall not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlordunreasonably withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character or structure of the building Premises or improvements and without overloading or damaging such building the Premises or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All Tenant shall not make any alterations, additions or improvements to the Premises which will contravene 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 improvements, partitions and partitions fixtures erected by Tenant shall be and remain the property of Tenant during Landlord and shall remain at the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of Premises upon termination of this lease the Lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premisesPremises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any Lease provided such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall may be accomplished in a good workmanlike manner so as not without damage to damage the Premises or to the primary structure or structural qualities of the building Building and other improvements situated on the premisesPremises. 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

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

Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, including but not limited to, to roof and wall penetrations) which cost in excess of $10,000.00 per project without the prior written consent of Landlord. Such consent will Landlord which shall not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlordreasonably withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term Term of this lease Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises Premises to their original condition by the date of termination of this lease Lease or upon earlier vacating of the premises; Premises, provided, however, that if Landlord so elects prior to termination of this lease Lease or upon earlier vacating of the premisesPremises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease Lease or upon earlier vacating of the premises Premises and shall be delivered up to the Landlord with the premisesPremises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or of structural qualities of the building buildings and other improvements situated on the premisesPremises.

Appears in 2 contracts

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

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make make, suffer or permit to be made any alterations, additions or improvements to or of the premises Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (includinge.g., but mechanical, electrical or plumbing), does not limited todiminish the capacity of such Building systems available to other portions of the Building, roof is not visible from the common areas or exterior of the Building, and wall penetrations) without the prior written is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent of Landlord. Such consent will shall not be denied provided unreasonably withheld (and Landlord's consent shall not be required if the improvements are building standard office/warehouse finishescost of the aforesaid type of alteration is less than $15,000.00). In the event Landlord consents to the making of any Any such alterations, additions or improvements to the Demised Premises consented to by Tenant, the same Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at Tenant's its sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant the Demised Premises to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination the installation of this lease or upon earlier vacating of the premises, such alterations, additionsadditions and improvements, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and teartear excepted. All such removals Tenant shall under no circumstances be required to remove any alterations, additions and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities improvements which are part of the building and other improvements situated on initial improvement of the premisesDemised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 2 contracts

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

Alterations. Tenant shall not make nor permit to be made any alterations, additions ----------- alterations or improvements to the premises (including, but not limited to, roof and wall penetrations) Premises without the obtaining Landlord's prior written consent of which shall not be unreasonably withheld, and then only by contractors or mechanics approved by Landlord. Such Landlord shall generally consent will to alterations, additions, or improvements which do not affect the value of the Premises significantly and which do not affect the structure or operation of the Building. Tenant covenants and agrees that all work done by Tenant shall be denied provided performed in full compliance with any and all applicable laws, statutes, rules, orders, ordinances, regulations, and requirements of the federal, state, and local governments, and all their departments and bureaus, as well as the requirements of the Association of Fire Underwriters, or similar governing insurance body. Unless otherwise approved by Landlord, all alterations, additions, and improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same Premises shall be made by TenantLandlord. Landlord shall pay for the cost of any alterations, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulationsadditions, and improvements to the Premises only to the extent Landlord agrees to do so by a separate written agreement with Tenant. Otherwise, Tenant shall pay all requirements costs for such additions, alterations, and improvements including any additions, alterations, and improvements to the Premises required by any governmental agency during the term of Landlord's this Lease, which costs shall include a reasonable overhead and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing profit charge by Landlord. Tenant mayshall report all costs incurred by Tenant for any alterations, without the consent of Landlordadditions, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements made by Tenant to the Premises and without overloading or damaging shall permit Landlord to examine all contracts and records relating to such building alterations, additions, or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, and improvements to the Premises by Landlord or Tenant shall become part of the realty and partitions erected belong to Landlord and, at the end of the term hereof, shall remain on the Premises without compensation of any kind to Tenant, except that any trade fixtures which are installed and paid for by Tenant shall be and remain the property of Tenant and may be removed by Tenant during the term of this lease and Lease provided Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, repairs any damage to the remaining improvements and partitions erected by Tenant and restore of the premises to their original condition Premises caused by the date removal of termination such fixtures. Moveable furniture and equipment of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions Tenant shall become remain the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesTenant.

Appears in 2 contracts

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

Alterations. 3. Tenant shall not make no changes in or to demised premises of any alterations, additions or improvements nature without Owner's prior written consent. Subject to the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents Owner and to the making provisions of any such this articles, Tenant at Tenant's expense, may make alterations, installations, additions or improvements improvement which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the interior of demised premises by using contractors or mechanics first approved by Owner. Tenant shall, before making any alterations, installations, additions or improvement, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be made discharged by TenantTenant within ten days thereafter, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, bu filling the bond required by law. All fixtures and all requirements of Landlord's paneling, partitions, railing and installations, installed in the premises at any times, either by Tenant or by Owner in Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant maybehalf, without the consent of Landlordshall, but at its own cost and expense and in a good workmanlike manner erect such shelvesupon installations, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant during no later then twenty days prior to the term date fixed as the termination of this lease lease, elects to relinquish Owner's rights thereto and Tenant shallto have them removed by Tenant, unless Landlord otherwise elects as hereinafter providedin which event, remove all alterations, additions, improvements and partitions erected the same shall be removed from the premises by Tenant prior to the expirations of the lease, at Tenant's expense. Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveables office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be requires by Owner. Tenant shall immediately and at its expense, repair and restore the premises to their original the condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects existing prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements ro installation and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up repair any damage to the Landlord with demised premises or the premisesbuilding due to such removal. All shelves, bins, machinery and trade fixtures installed by Tenant may property permitted or required to be removed by Tenant prior to at the termination end of this lease if Tenant so elects, and the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's property or may be removed by the date of termination of this lease or upon earlier vacating of from the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesOwner at Tenant's expense.

Appears in 2 contracts

Samples: Store Lease (Learners World Inc), Store Lease (Learners World Inc)

Alterations. Except for the Tenant shall Improvements, Tenant will not make any alterations, additions or improvements to the premises Premises (including, but not limited to, roof and wall penetrations) penetrations without the prior written consent of Landlord. Such consent will Landlord (not to be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterationsunreasonably withheld, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlorddelayed). Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner manner, erect such shelves, bins, machinery and machinery, movable lab benches, equipment, trade fixtures (defined as any fixtures used by Tenant in its specific business and not paid for by Landlord) and other non-structural interior improvements as it may deem advisable, without altering the basic character or structure of the building Premises or improvements and without overloading or damaging such building the Premises or improvementsBuilding, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirementsApplicable Laws. All Tenant will not make any alterations, additionsadditions or improvements to the Premises which will contravene Landlord’s policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies reasonably acceptable to Landlord. If any such alterations, additions or improvements and partitions erected cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof (as reasonably documented by Landlord), Tenant will pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. Within thirty (30) days receipt of reasonable documentation from Landlord following the completion of any alteration, addition, or improvement at the Premises by Tenant shall that requires the prior consent of Landlord, Landlord will be reimbursed for any reasonable outside consultant or design professional costs actually incurred by Landlord to review any plans or supervise construction work (not to exceed the lesser of $1,500.00 or 5% of Tenant’s “hard” construction costs). No such reimbursement will be required for any alteration, addition or improvement that does not require the consent of Landlord. Any and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements improvements, partitions and partitions fixtures erected by Tenant will be the property of Landlord and restore will remain at the premises to their original condition by the date of Premises upon termination of this lease the Lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premisesPremises. All shelves, bins, machinery machinery, trade fixtures, and trade fixtures other interior non-structural improvements installed by Tenant will remain the personal property of Tenant and may be removed by Tenant prior to the termination of this lease if Lease provided such removal may be accomplished without damage to the Premises or Building that cannot be repaired by Tenant so electsas set forth in this subparagraph. Prior to vacating the Premises, Tenant will repair any damage to the Premises or Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, or any Tenant Party. Should Tenant fail to conduct any such repair within ten (10) days of written notice from Landlord, Landlord may, at its option, perform same, and shall Tenant will remit payment to Landlord for the actual cost and expense incurred by Landlord in effecting such repair promptly upon demand. Tenant will have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim will affect and each such lien will attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to be removed paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the date Premises at the request of termination Tenant on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of Landlord in the Premises or under the terms of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesLease.

Appears in 2 contracts

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

Alterations. Tenant shall not make any alterations, additions or All improvements and alterations to the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents Leased Premises to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, Tenant shall be installed at Tenant's sole the cost and expenseexpense of Tenant (which cost shall be payable on demand by Landlord as additional rent), in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and but only in accordance with plans and specifications approved by Landlord; which have been previously submitted to and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and only by Landlord or by contractors and subcontractors approved in each case complying writing by Landlord (which approval shall not be unreasonably withheld). In connection with all applicable governmental lawsany request for an approval of alterations by Tenant, ordinances, regulations Landlord may retain the services of an architect and/or engineer and other requirementsTenant shall reimburse Landlord for the reasonable fees of such architect and/or engineer. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises Leased Premises to their its original condition by the date of termination of this lease Lease or upon earlier vacating of the premisesLeased Premises; provided, however, that that, if at such time Landlord so elects prior to termination of this lease or upon earlier vacating of the premiseselects, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease Lease or upon earlier vacating of the premises Leased Premises and title shall be delivered up pass to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed under this Lease as by Tenant may be removed by Tenant prior to the termination a xxxx of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tearsale. All such removals and restoration shall be accomplished in a good workmanlike manner by contractors approved in writing by Landlord so as not to damage the primary structure or structural qualities of the building Building. All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all governmental laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide such assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to assure payment of the costs thereof and to protect Landlord against any loss from any mechanics', laborers', materialmen's or other improvements situated on the premisesliens.

Appears in 2 contracts

Samples: Lease Agreement (Atlas Financial Holdings, Inc.), Lease Agreement (Atlas Financial Holdings, Inc.)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the demised premises (including, but not limited to, roof and wall penetrations) of any nature without Owner’s prior written consent. Subject to the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents Owner, and to the making provisions of any such this article, Tenant, at Tenant’s expense, may make alterations, installations, additions or improvements which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises using contractors or mechanics first approved in each instance by Owner. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner. Tenant agrees to carry and will cause Tenant’s contractors and sub-contractors to carry such xxxxxxx’x compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic’s lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be made discharged by Tenant within thirty days thereafter, at Tenant’s expense, by payment or filing the bond required by law or otherwise. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant’s behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner’s right thereto and to have them removed by Tenant, in which event the same shall be removed from the demised premises by Tenant prior to the expiration of the lease, at Tenant's sole cost ’s expense. Nothing in this Article shall be construed to give Owner title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant repair and restore the premises to their original the condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects existing prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements installation and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up repair any damage to the Landlord with demised premises or the premisesbuilding due to such removal. All shelves, bins, machinery and trade fixtures installed by Tenant may property permitted or required to be removed by Tenant prior to at the termination end of this lease if Tenant so elects, and the term remaining in the premises after Tenant’s removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner’s property or removed by the date of termination of this lease or upon earlier vacating of from the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesOwner, at Tenant’s expense.

Appears in 1 contract

Samples: Loft Lease (American Realty Capital New York Recovery Reit Inc)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the demised premises (including, but not limited to, roof and wall penetrations) of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents , and to the making provisions of any such this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines in or to the interior of the demised premises by using contractors or mechanics first approved by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be made removed from the premises by TenantTenant prior to the expiration of the lease, at Tenant's sole cost expense. Nothing in this article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant repair and restore the premises to their original the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All properly permitted or required to be removed by Tenant at the date of termination of this lease or upon earlier vacating end of the premises; providedterm remaining in the premises after Tenant's removal shall be deemed abandoned and may, howeverat the election of Landlord, that if either be retained as Landlord's property or may be removed from the premises by Landlord so elects prior to termination of this lease or upon earlier vacating of the premisesat Tenant's expense. Tenant shall, such before making any alterations, additions, improvements installations or improvements, at its expense, obtain all permits, approvals and partitions shall become the property certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of Landlord as of the date of termination of this lease or upon earlier vacating of the premises final approval thereof and shall be delivered up deliver promptly duplicates of all such permits, approvals and certificates to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior agrees to the termination of this lease if Tenant so elects, carry 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 will cause Tenant's contractors and sub-contractors to carry such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premises.xxxxxxx'x

Appears in 1 contract

Samples: Lease Agreement (Icc Technologies Inc)

Alterations. Provided that Tenant shall not make any alterations, additions or improvements has notified Landlord in writing at least ten (10) days prior to the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making commencement of any such alterationswork within the Leased Premises, Tenant shall have the right to make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the following limitations: (i) such alterations and additions will not impair the structural integrity of the Building, (ii) such alterations and additions will not affect the mechanical, electrical, plumbing, heating, air-conditioning, or improvements by Tenantventilation systems of the Leased Premises, (iii) such alterations and additions will not in the same shall be made by aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant's sole cost and expense, in accordance with all applicable lawsshall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that upon expiration or earlier termination of this Lease, ordinances and regulationsTenant shall, and all requirements of at Landlord's sole discretion and Tenant's insurance policies sole expense, remove such stairwells and only restore the Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first be approved in writing by Landlord. Tenant may, without obtaining the written consent of Landlord, but at its own cost and expense and not to be unreasonably withheld or delayed. Any alterations or physical additions in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it or to the Leased Premises shall be subject to any reasonable terms of conditions Landlord may deem advisable, without altering require to ensure that the basic character alterations or additions are in conformity with the standards of the building Building and will not impair the structural mechanical, electrical, plumbing, heating, air conditioning, 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 ventilation integrity of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesBuilding.

Appears in 1 contract

Samples: Office Space Lease Agreement (FSP Phoenix Tower Corp)

Alterations. Landlord hereby consents to the design and construction of the Tenant Improvements, on the terms and subject to the conditions of EXHIBIT C. Tenant shall not make or permit any alterationsAlterations in, additions on or improvements to about the premises (including, but not limited to, roof and wall penetrations) Premises without the prior written consent of Landlord. Such , and according to plans and specifications approved in writing by Landlord, which consent will and approval shall not be denied provided the improvements are building standard office/warehouse finishesunreasonably withheld, conditioned or delayed. In the event Landlord consents Landlord, at its sole option, may, however, require as a condition to the making granting of any such alterationsconsent, additions or improvements by Tenant, the same shall be made by Tenantthat Tenant provide to Landlord, at Tenant's ’s sole cost and expense, a lien and completion bond in accordance an amount equal to one and one‑half (1½) times any and all estimated costs of any intended Alterations to the Premises, to insure Landlord against any liability for mechanics’ and materialmens’ liens and to insure completion of the work. Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense, in compliance with all applicable lawsApplicable Law, ordinances the Rules and regulationsRegulations and the CC&Rs, by a licensed contractor reasonably acceptable to Landlord, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and all requirements shall not diminish the value of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and the Project. In the event that any contractor or person selected Alteration made by Tenant necessitates the making of other alterations to make the same and all subcontractors must first be approved in writing by Landlord. interior or exterior of the Building, the Outside Area, any path‑of‑travel or elsewhere within the Project for purposes of complying with Applicable Law, Tenant may, without the consent of Landlord, but shall undertake such additional alterations at its own sole cost and expense or shall, at Landlord’s option, reimburse Landlord for the cost and in a good workmanlike manner erect expenses incurred with respect to such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character additional alterations required for purposes 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 requirementsApplicable Law as a result of Tenant’s Alterations. All alterations, additions, improvements and partitions erected Alterations made by Tenant shall be and remain become 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 upon termination of this lease or upon earlier vacating of the premisesTerm and shall not be deemed Tenant’s Personal Property; provided, however, that if Landlord so elects may, at its option, at the time that Landlord grants consent therefor, require that Tenant, at Tenant’s expense, prior to termination the expiration of the Term of this lease Lease, remove any or upon earlier vacating of all Alterations installed by Tenant and return the premises, such alterations, additions, improvements and partitions shall become the property of Landlord Premises to their condition as of the date of termination Commencement Date of this lease or upon earlier vacating Lease, normal wear and tear excepted and subject to the provisions of the premises and Paragraph 25. Notwithstanding any other provisions of this Lease, Tenant shall be delivered up solely responsible for the maintenance and repair of any and all Alterations made to the Premises. Tenant shall give Landlord with written notice of Tenant’s intention to perform any work on the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant Premises at least twenty (20) days prior to the termination commencement of this lease if Tenant so elects, such work to enable Landlord to post and shall be removed by record an appropriate Notice of Nonresponsibility or other notice deemed proper before the date commencement of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premiseswork.

Appears in 1 contract

Samples: Office Lease Agreement (Corcept Therapeutics Inc)

Alterations. SECTION 17.1 Tenant shall not make any alterations, additions structural or exterior alterations or improvements to the premises (includingDemised Premises without in each instance first obtaining Landlord's written consent. Tenant shall have the right, but not limited toat any time from time to time, roof without Landlord's consent, to paint the interior of Demised Premises or any part of parts thereof, and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of make any such non-structural alterations, additions improvements or improvements by Tenantinstallations in, 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 the interior of the premisesDemised Premises; provided, however, that; (i) Tenant shall have the right to make alterations or improvements to the storefront of the Demised Premises only with Landlord's consent, which shall not be unreasonably withheld, provided that the alteration or improvement is consistent with the appearance of the balance of the Shopping Center; and (ii) No alteration, improvement, installation or addition made by Tenant shall endanger or impair the structure of, or decrease the value, utility or cubic area of, the Demised Premises. SECTION 17.2 All alterations, improvements or installation made or doe by Tenant in, on or to the Demised Premises or any parts or facilities thereof shall be done in a good and workmanlike manner and in conformity with all statutes, ordinances, rules, regulations and requirements of public authorities and insurance inspection and rating bureaus having jurisdiction, and with all necessary governmental permits or authorities. SECTION 17.3 Any and all alterations, improvements or installations made in , to or upon the Demised Premises by Tenant or Landlord (but not Tenant's furniture, lighting fixtures, trade fixtures and movable trade equipment, counters and shelving or signs installed by Tenant) shall, except as hereinafter provided, be surrendered with the Demised Premises as part thereof at the expiration or other termination of the term of this Lease. Tenant shall remove any such alterations, improvements or installations if Landlord so elects shall require such removal by notice to Tenant at least 60 days prior to the Expiration Date. Tenant shall, upon the Expiration Date or sooner termination of this lease or upon earlier vacating of Lease, remove its said furniture, trade fixtures and trade equipment, counters, shelving, racking and signs, and Tenant shall have the premisesright, at its option, to remove any such alterations, additionsimprovements, improvements and partitions shall become installations or interior additions from the property of Landlord as Demised Premises upon the expiration or other termination (for reasons other than Tenant's default) of the date of termination term of this lease or upon earlier vacating of the premises Lease, and, in such event, Tenant shall repair any and shall be delivered up all damage to the Landlord with Demised Premises caused by such removal and restore the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant Demised Premises to their condition prior to the termination making of this lease if the alterations, improvement or installation being removed, with the exception of floors. SECTION 17.4 Tenant so electsagrees to indemnify and save harmless Landlord against and from any and all claims for injury, and shall be removed loss or damage to person or property caused by or resulting from the date of termination of this lease work in connection with any alterations, improvements, installations or additions in, to or upon earlier vacating of the premises if required Demised Premises made by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesby anyone claiming under Tenant.

Appears in 1 contract

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

Alterations. After completion of the Building, Lessor will have no obligation to do any redecorating or remodeling or to make any repairs or alterations. Tenant shall will not make any alterations, additions or improvements in or to the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any Premises which exceed $5,000 in each instance so long as such alterations, additions or improvements by Tenantdo not adversely affect the Building structure or electrical or mechanical systems of the Building and do not affect the value of the Building, without first obtaining the same shall be made by Tenant, written consent of Lessor. Tenant will get Lessor's prior written approval of any contractor or subcontractor who is to perform work on the Premises at Tenant's sole cost and expenserequest. Lessor may require Tenant to post a bond, cash or other security to protect the Premises from mechanic's liens. All alterations by Tenant will be constructed with new materials, in accordance with all applicable laws, ordinances a good and regulationsworkmanlike manner, and all requirements of Landlord's and Tenant's insurance policies and only in accordance compliance with the plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same Lessor 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 rules, orders, regulations, or other requirements of governmental authorities. Tenant will pay for any labor, services, materials, supplies or equipment furnished or alleged to have been furnished to Tenant in or about the Premises, and will pay and discharge any mechanic's, materialmen's or other requirementslien against the Premises resulting from Tenant's failure to make such payment, or will contest the lien and deposit with Lessor cash equal to 150% of the amount of the lien. If the lien is reduced to final judgment, Tenant will discharge the judgment and Lessor will return the cash deposited by Tenant. Lessor may post notices of nonresponsibility on the Premises as provided by law. All alterations, additionsadditions and improvements to the Premises made at Lessor's or Tenant's expense, improvements except movable office furniture and partitions erected by Tenant shall be Tenant's movable trade fixtures and remain the property of Tenant during the term of this lease and Tenant shallequipment, 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 will become the property of Landlord as of Lessor upon installation and will be surrendered with the date of Premises upon termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished Lease unless Lessor elects otherwise 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 premiseswriting.

Appears in 1 contract

Samples: Lease (Videolabs Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense expense, and in a good workmanlike manner manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable, advisable without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, additions and improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant Txxxxx and restore the premises Premises to their original condition by the date of termination of this lease Lease or upon earlier vacating of the premises; Premises, provided, however, that if Landlord so elects prior to termination of this lease Lease or upon earlier vacating of the premisesPremises, such alterations, additions, improvements improvements, and partitions shall become the property of the Landlord as of the date of termination of this lease Lease or upon earlier vacating of the premises Premises and shall be delivered up to the Landlord with the premisesPremises. All shelves, bins, machinery and trade fixtures installed by the Tenant may be removed by the Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premisesPremises.

Appears in 1 contract

Samples: Lease Agreement (Tango Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, but not limited towithout limitation, the roof and wall penetrations) without the prior written consent of Landlord. Such If Landlord shall, consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable governmental laws, ordinances ordinances, rules and regulations, regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same same, or, at Landlord's option and all subcontractors must first discretion, the alterations, additions or improvements shall be approved in writing made by LandlordLandlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building Building or improvements Development and without overloading the floor or damaging such building Building or improvementsDevelopment, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All Al1 such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities quality of the building and other improvements situated on the premisesBuilding.

Appears in 1 contract

Samples: Lease Agreement (Netspeak Corp)

Alterations. (a) Tenant shall make no alterations or changes, structural or otherwise, to any part of the Premises, either exterior or interior, without Landlord’s written consent. In the event of any such approved changes, Tenant shall have all work done at its own expense. Request for such consent shall be accompanied by plans stating in detail precisely what is to be done. Notwithstanding the foregoing to the contrary, Tenant may make non-structural, cosmetic alterations to the interior of the Premises with Landlord’s written consent which shall not make any alterationsbe unreasonably withheld. Tenant shall comply with the building codes, additions regulations and laws now or hereafter to be made or enforced in the municipality, county and/or state, which pertain to such work. Any additions, improvements (made after the initial improvements to the premises Premises), alterations and/or Installations made by Tenant (except only office furniture, business equipment and trade fixtures including, but not limited to, roof wet laboratories, cabinetry, benches and wall penetrationsscientific equipment; provided Tenant shall repair any damage to the Premises upon removal of same) without shall become and remain a part of the prior written consent Building and be and remain Landlord’s property upon the termination of Tenant’s occupancy of said Premises; provided, however, Landlord shall notify Tenant, at the time Tenant requests Landlord. Such consent ’s approval to make alterations, that Landlord will or will not require Tenant to remove the proposed alterations from the Premises upon the expiration or earlier termination of this Lease. If Landlord requires Tenant to remove such alterations as aforesaid, Tenant shall remove same, repair any damage to the Premises upon removing same, and restore the Premises to the condition the Premises were in upon delivery of same to Tenant, at Tenant’s sole cost and expense, ordinary wear and tear and damage due to casualty not required to be denied provided the improvements are building standard office/warehouse finishesrepaired by Tenant excepted. In the event Tenant shall save Landlord consents harmless from and against all expenses, liens, claims or damages to either property or person which may or might arise by reason of the making of any such alterationsadditions, additions improvements, alterations and/or installations. Landlord reserves the right, subject to Articles 22 and 52, to change, increase or improvements by Tenantreduce, from time to time, the same shall be made by Tenantnumber, at Tenant's sole cost and expensecomposition, dimensions or location of any parking areas, signs, the Building name, service areas, walkways, roadways or other common areas or make alterations or additions to the Building, in accordance with all applicable laws, ordinances and regulations, and all requirements its sole discretion. Landlord’s approval of Landlord's and Tenant's insurance policies and only in accordance with ’s plans and specifications approved by Landlord; and under this Article 9 or any contractor other provisions of this Lease is solely for the purpose of ascertaining whether Tenant’s proposed alterations will have an adverse impact on the structural components or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character Common Facilities of the building Building and to insure the aesthetic and architectural harmony of the Tenant’s proposed alterations with the remainder of the Building. No approval of plans by Landlord shall be deemed to be a representation or improvements and without overloading warranty by Landlord that such plans or damaging such building the work provided for therein will comply with applicable codes, laws or improvementsregulations or be in conformance with any insurance or other requirements which affect the Premises or the Building, and in each case Tenant shall have the sole responsibility of complying with all applicable governmental lawssuch requirements notwithstanding Landlord’s approval of Tenant’s plans. (b) NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT UPON CREDIT, ordinancesAND THAT NO MECHANICS’ OR OTHER LIEN FOR ANY SUCH LABOR OR MATERIALS SHALL ATTACH TO OR AFFECT THE ESTATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE BUILDING. WHENEVER AND AS OFTEN AS ANY LIEN ARISING OUT OF OR IN CONNECTION WITH ANY WORK PERFORMED, regulations and other requirements. All alterationsMATERIALS FURNISHED OR OBLIGATIONS INCURRED BY OR ON BEHALF OF TENANT SHALL HAVE BEEN FILED AGAINST THE PREMISES OR THE BUILDING, additionsOR IF ANY CONDITIONAL BXXX OF SALE SHALL HAVE BEEN FILED FOR OR AFFECTING ANY MATERIALS, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shallMACHINERY OR FIXTURES USED IN THE CONSTRUCTION, unless Landlord otherwise elects as hereinafter providedREPAIR OR OPERATION THEREOF, remove all alterationsOR ANNEXED THERETO BY TENANT, additionsTENANT SHALL FORTHWITH TAKE SUCH ACTION BY BONDING, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesDEPOSIT OR PAYMENT AS WILL REMOVE OR SATISFY THE LIEN OR CONDITIONAL BXXX OF SALE WITHIN TEN (10) DAYS OF LANDLORD’S WRITTEN REQUEST THEREFOR.

Appears in 1 contract

Samples: Lease (Seracare Life Sciences Inc)

Alterations. (i) Tenant shall not make or allow to be made (except as otherwise provided in this Lease) any alterations, alterations or physical additions (including fixtures) in or improvements to the premises (includingLeased Premises or place safes, but not limited tovaults, roof and wall penetrations) filing cabinets, libraries or other heavy furniture or equipment that may impact the Building's load within the Leased Premises without first obtaining the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event If Landlord consents to said alterations or physical additions, Landlord may impose such conditions with respect thereto as are reasonably appropriate, including without limitation, (i) requiring Tenant to furnish (a) Landlord with security for the making payment of all costs to be incurred in connection with such work, (b) insurance against liabilities which may arise out of such work, and (c) plans and specifications, and permits for such work, (ii) requiring Tenant remove any and all such alterations, alterations or physical additions (including fixtures) in or improvements by Tenant, to the same shall be made by Tenant, Leased Premises prior to the expiration or earlier termination of this Lease at Tenant's sole cost and expense, (iii) requiring Tenant remove any telecommunications equipment and/or other facilities for telecommunications (including, without limitation, all wires, cables, fibers, equipment and connections for Tenant's telephone, data transmission, video and other telecommunications services collectively, “Tenant's Wiring”), (iv) requiring Tenant to use a contractor reasonably approved by Landlord, and/or (v) requiring Tenant to pay Landlord's inspection fees associated with such alterations or physical additions. Tenant shall repair any damage to the Leased Premises and the Project caused by the removal of such alterations, physical additions, telecommunications equipment, other facilities for telecommunications, and Tenant's Wiring. Tenant's plans and specifications and construction means and methods shall be subject to Landlord's written approval. Tenant shall furnish to Landlord any documents and information requested by Landlord in connection with the exercise of its rights hereunder. Landlord may hire outside consultants to review such documents and information furnished to Landlord and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys' fees, upon demand. In all events, the work necessary to make any permitted alterations or physical additions to the Leased Premises shall be done at Tenant's expense and shall be subject to the Construction Rules and Regulations attached hereto as Exhibit E-2, as they may be amended from time to time. If any proposed alterations or physical additions pursuant to this Section 5.1.2(i) would be likely to materially affect the structural components or major mechanical, electrical or plumbing systems of the Building, Landlord shall have the right to perform such work and Tenant shall reimburse Landlord in an amount equal to Landlord's costs plus Landlord's overhead expenses (not to exceed eight (8%) of costs), which shall be payable on demand. Any changes to plans approved by Landlord in accordance with all applicable laws, ordinances and regulations, and all requirements of this Section 5.1.2(i) shall be subject to Landlord's review and re-approval. (ii) If, as a result of 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 specific use of the building Leased Premises or improvements and without overloading the making of any permitted alterations or damaging such building or improvementsphysical additions pursuant to Section 5.1.2, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All any alterations, additions, or improvements and partitions erected shall be required to be made to any part of the Leased Premises or the Project to comply with the requirements of any applicable law, ordinance, rule or regulations including, without limitation, the requirements of the Americans with Disabilities Act (“ADA”), the Occupational Safety & Health Administration (“OSHA”), or the orders or requirements imposed by any Health Officer, Fire Xxxxxxxx or Building Inspector, Tenant shall be solely responsible for the costs incurred to effect such compliance. If the required alteration, addition or improvement will not affect the structural components or major mechanical, electrical or plumbing systems of the Building, Tenant shall perform such work subject this Section 5.1 and remain to the property Construction Rules and Regulations attached hereto as Exhibit E-2. If the required alteration, addition or improvement would be likely to materially affect the structural components or major mechanical, electrical or plumbing systems of the Building, Landlord shall have the right to perform such work and Tenant shall reimburse Landlord in an amount equal to Landlord's costs plus Landlord's overhead expenses (not to exceed eight (8%) of costs), which shall be payable on demand. (iii) Notwithstanding anything contained in Section 5.1.2(i) above, Tenant shall have the right to perform, with prior written notice to but without Landlord's consent, any alteration, addition, or improvement that satisfies all of the following criteria (a “Cosmetic Alteration”): (1) is of a cosmetic nature such as painting, hanging pictures and installing carpeting; (2) is not visible from the exterior of the Leased Premises or Building; (3) will not affect the systems or structure of the Building; (4) costs less than $25,000.00 in the aggregate during any twelve (12) month period of the term Term of this lease Lease, and Tenant shall(5) does not require work to be performed inside the walls or above the ceiling of the Leased Premises. However, unless even though Landlord otherwise elects as hereinafter providedconsent is not required, remove the performance of Cosmetic Alterations shall be subject to all alterations, additions, improvements and partitions erected by Tenant and restore of the premises to their original condition by the date of termination other provisions of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesSection 5.

Appears in 1 contract

Samples: Office Space Lease Agreement (Extreme Networks Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such , which consent will shall not be denied provided unreasonably withheld if the improvements are proposed alteration, addition or improvement is non-structural, is not visible from the exterior of the building standard office/warehouse finishes. In the event Landlord consents to the making of and does not affect 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 Landlordbuilding 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, unless if Landlord otherwise so elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition condition, reasonable wear and tear excepted, 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, 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, bins machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; : upon any such removal Tenant shall restore the premises to their original condition with consideration for normal condition, reasonable wear and teartear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building 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

Samples: Lease Agreement (Compucom Systems Inc)

Alterations. Future improvements or alterations of the Premises (beyond Landlord's Tenant shall Improvements) requested by Tenant to be performed (but are not make any alterationsobligated to be performed) by Landlord at Tenant's sole expense and following the signing of an approval and restoration agreement between Tenant and Landlord. Alternatively, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) without the prior after obtaining Landlord's written consent of in each instance, all required permits and approvals, and after providing Landlord with insurance and indemnification required by Landlord (all at no expense or cost to Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations), additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, may install necessary trade fixtures, equipment and furniture and may also install or modify non-structural and fixed improvements in accordance with all applicable lawsthe Premises, ordinances provided that such items installed or modified leave the Premises restorable to its prior condition without structural damage to the Building or other fixed tenant improvements. Landlord reserves the right to approve or disapprove curtains, draperies, shades, paint and regulations, and all requirements of other interior improvements visible from outside the Premises on wholly aesthetic grounds. Any fixed improvements by Tenant must be submitted for Landlord's written approval and approved by Landlord prior to installation or Landlord may remove or replace such items and restore the Premises at Tenant's insurance policies sole expense. Trade fixtures, equipment 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 furniture installed by Tenant shall be and remain the Tenant's property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to expiration of the Term or earlier termination of this lease if Lease. Tenant's installation or modification of improvements in the Premises shall provide that such improvements are installed and are removable without structural damage to the Building or its tenant improvements. Tenant so electsshall record a Notice of Completion with the County Auditor and also provide a copy of the recorded document to Landlord. Tenant shall, at Tenant's cost, provide Landlord with a set of "as-built" updated drawings for any tenant improvement or modification work which Tenant undertakes. Prior to expiration of the Term or earlier termination of this Lease, Landlord shall, in Landlord's sole discretion, determine whether some or all of Tenant's alterations are to be restored to the prior condition, and whether some or all temporary improvements are to be removed. 0n or before expiration of the Term or earlier termination of this Lease, Landlord shall notify Tenant which of Tenant's alterations and improvements are to remain and which are to be removed or restored. Tenant shall, at Tenant's sole expense, remove and restore all remaining improvements to their condition prior to Tenant's alteration, except those improvements which Landlord has elected to retain without restoration. Those improvements which Landlord elects to retain shall become Landlord's property. On expiration of the Term or earlier termination of this Lease, temporary or fixed improvements which Landlord elects to have removed shall remain Tenant's property and shall be removed by Tenant prior to expiration of the date of Term or earlier termination of this lease Lease. Tenant shall assume the risk of damage to any of Tenant's fixtures. Tenant shall repair, at Tenant's sole expense, all damage to the Premises and/or Building caused by the installation or upon earlier vacating removal of Tenant's trade fixtures, equipment, furniture, temporary, or fixed improvements. If Tenant fails to remove the premises if foregoing items and restore the Premises to its prior condition before termination of this Lease as required by Landlord; upon , Landlord may keep and use those improvements and materials or remove any such removal Tenant shall restore the premises of them and cause them to their original condition be stored or sold in accordance with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesapplicable law, all at Tenant's sole expense.

Appears in 1 contract

Samples: Standard Form Multiple Occupancy Lease (Cost U Less Inc)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the premises (including, but not limited to, roof and wall penetrations) Demised Premises of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents , and to the making provisions of any such this Article, Tenant at Tenant's expense, may make non-structural alterations, installations, additions or improvements which do not affect utility services or plumbing and electrical lines, in or to the interior of the Demised Premises using licensed and reputable contractors or mechanics first approved by Landlord. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies. Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such worker's compensation, general liability, personal and property damage insurance as Landlord may reasonably require. If any mechanic's lien is filed against the Demised Premises or the Building for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this Article, the same shall be made discharged by Tenant, Tenant within thirty (30) days after Tenant receives written notice thereof at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, by filing the bond required by law or otherwise. All fixtures and all requirements of Landlord's paneling, partitions, railings and like installations, installed in the Demised Premises at any time, either by Tenant or by Landlord on Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant maybehalf, without the consent of 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 providedupon installation, 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 and shall remain upon and be surrendered with the Demised Premises unless Landlord, by notice to Tenant no later than thirty (30) days prior to the date of fixed as the termination of this lease or upon earlier vacating of lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event the premises and same shall be delivered up to removed from the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed Demised Premises by Tenant prior to the termination expiration of the lease, at Tenant's expense. Nothing in this lease if 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 furniture, fixtures and equipment from the Demised Premises or upon removal of other installations as may be permitted hereunder, Tenant so electsshall immediately and at its expense, and shall repair any damage occasioned by such removal. All property permitted to be removed by Tenant at the date end of termination the term remaining in the Demised Premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or removed from the Demised Premises by Landlord, at Tenant's expense. In order to prevent mechanic's or materialmen's liens from attaching to the Demised Premises or Building, any contractor ("Contractors") or subcontractor ("Subcontractor") performing work for or at the request of Tenant covenants and agrees to look only to Tenant for payment under the respective contract and to attain that and further covenants and agrees: (a) Not to file or record any contract for work ("Contract") or notice thereof or any notice of intention, lien claim or stop notice in the Office of the County Clerk of New York State of N.Y., or any other place permitted by law. (b) To bind by Contract each subcontractor and each material man with whom any contractor enters into a written contract, not file or record in the office of the County Recorder of New York County, State of N.Y. such contract or notice thereof or any notice of intention, lien claims or stop notice and to make each subcontractor similarly bind in writing each succeeding subordinate subcontractor and/or materialmen with whom a written contract is entered into; (c) The Contractor and any subcontractor ("Subcontractor") will execute and deliver to Landlord a waiver of or release of Mechanic's and/or Materialmen's Liens. The Contractor and Sub-Contractor shall submit Partial Release and Waiver of Lien with all progress payments and said Contractor or Sub-Contractor does hereby waive, release and relinquish any and all claims, demands and rights of liens to the extent of the amount owed for all work, labor, materials, equipment, services done, performed or furnished to that date. (d) Upon completion of all work, the Contractor and Sub-Contractor shall execute a Final Release of Lien with final payment and deliver same to Landlord. (e) Neither progress payments, final payments nor any part of the retained percentage shall become due until the Contractor shall deliver to the Landlord, in the form required by the Landlord, a complete release of all liens arising out of this lease Contract and an affidavit that so far as he has knowledge or upon earlier vacating information all the labor and materials have been paid for. If any Subcontractor refuses to furnish a release in full, Contractor shall furnish Landlord with a bond satisfactory to the Landlord, to indemnify it against any lien. If any liens remain unsatisfied after all payments are made, the Contractor shall refund to the Landlord all monies that the latter may be compelled to pay in discharging such a lien, including all costs and reasonable attorney's fees. (f) Anything in the Contract to the contrary notwithstanding it is understood that the Landlord shall not be obliged to make payment on account of any part of the premises if required by Landlord; upon any such removal Tenant shall restore Contract price which is not a proper payment within the premises meaning and construction of the laws of the State of N.Y. relating to their original condition with consideration liens. The Contractor agrees that all payments made to materialmen or to the Subcontractors for normal wear labor and tear. All such removals and restoration services shall be accomplished accompanied by a direction that the payment shall be applied to account for work or services performed or material supplied 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 premisesconnection with this project.

Appears in 1 contract

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

Alterations. Except as provided herein, Tenant shall not make alterations and additions to Tenant's Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. However, Landlord's determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible from outside of the Premises shall be in Landlord's sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord's opinion would reasonably be expected to adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or materially increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance reasonably acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent in any material respect, in Landlord's reasonable judgment, with alterations satisfying Landlord's then applicable standards for new alterations which are uniformly applied to all tenants of the Building. Landlord's review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant's insurance obligations (herein called "Insurance Requirements") nor deemed a waiver of Tenant's obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord's agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord's interest in the Complex in connection with any such work. Within thirty (30) days after receipt of an invoice from Landlord (together with reasonable supporting back up documentation), Tenant shall pay to Landlord as a fee for Landlord's review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour for time spent by senior staff, and $100 per hour for time spent by junior staff (not to exceed $1,500 in the aggregate with respect to a proposed alteration or addition provided the proposed alteration or addition will not impact Building structure or base building systems), plus (ii) reasonable third party expenses paid by Landlord to review Tenant's plans and Tenant's work. Except for any additions or alterations which Tenant requests to remain in the Premises in Tenant's notice seeking Landlord's consent for the installation thereof (which notice shall specifically refer to this Section 5.12) and for which Landlord specifically agrees in writing may remain, all alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant's alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or unreasonably interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by contractors or workers first approved by Landlord, such approval not to be unreasonably withheld, delayed or conditioned. Nothing herein shall be construed to permit Landlord to require Tenant to use union labor for any alterations or improvements. Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them, and to the extent the proposed alterations or improvements are of such a magnitude that a bond or other security would customarily be required, security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. With respect to alterations or improvements that are of a nature such that as-built plans would customarily be prepared, Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant's computer, telephone and other communications systems is installed by Tenant or Tenant's contractor. Without limiting any of Tenant's obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to comply with Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to provide such reasonable rules and regulations relative to the performance of any alterations, additions, improvements and installations hereunder (which shall be applied in a non­ discriminatory manner) and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of any incremental real estate taxes on the Complex which shall, at any time after commencement of the Term, be demonstrated to directly and solely result from any alteration, addition or improvement to the Premises made by Tenant. Tenant acknowledges and agrees that Landlord shall be the owner of any additions, alterations and improvements in the Premises or the Building to the extent paid for by Landlord. Notwithstanding the terms of this Section 5.12, Tenant shall have the right, without obtaining the prior consent of Landlord, but upon notice to Landlord given ten (10) days prior to the commencement of any work (which notice shall specify the nature of the work in reasonable detail), to make alterations, additions or improvements to the premises Premises where: (includinga) the same are within the interior of the Premises within the Building, but and do not limited toaffect the exterior of the Premises and the Building (including no signs on windows); (b) the same do not affect the roof or any structural element of the Building, roof or adversely affect the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and wall penetrationsfire protection systems of the Building; and (c) without with the prior written consent exception of Landlord. Such consent will installation or replacement of cabinetry, painting and carpeting (which shall not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents subject to the making dollar limits set forth in this subsection (c)), the cost of any such individual alteration, addition or improvement shall not exceed $75,000.00 and the aggregate cost of said alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term Lease Term shall not exceed $450,000.00 in cost to each floor of the Premises; and (d) Tenant shall comply with the provisions of this lease Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements shall pay for any such increase in cost to the extent demonstrated to be directly and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premisessolely resulting from such work; provided, however, that if Tenant shall, within thirty (30) days after the making of such changes, send to Landlord so elects prior plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant given at least thirty (30) days prior to the expiration or earlier termination of this lease if the Lease Term, may require Tenant so elects, to restore the Premises to its condition prior to construction of such improvements (reasonable wear and shall be removed by tear excepted) at the date of expiration or earlier termination of the Lease Term. To the extent Tenant delivers such plans and specifications and clearly requests in writing the additions or alterations shown thereon which Tenant desires to remain in the Premises (which notice shall specifically refer to this lease Section 5.12) at the expiration or upon earlier vacating termination of the premises if required by Landlord; upon any Lease Term, Landlord agrees to notify Tenant within thirty (30) days thereafter of which of such removal Tenant shall restore items may remain at the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure expiration or structural qualities earlier termination of the building and other improvements situated on the premisesLease Term.

Appears in 1 contract

Samples: Lease Agreement (Care.com Inc)

Alterations. Tenant shall agrees that Tenant will not make any alterations, additions or improvements to the premises Premises (including, but not limited towithout limitation, the roof and wall penetrations) without the prior written consent of Landlord. Such , which consent will not be denied provided the improvements are building standard office/warehouse finishesunreasonably withheld. In the event If Landlord consents shall consent to the making of any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable governmental laws, ordinances ordinances, rules and regulations, regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same same, or, at Landlord's option and all subcontractors must first discretion, the alterations, additions or improvements shall be approved in writing made by LandlordLandlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its Tenant's own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it Tenant may deem advisable, without altering the basic character of the building Building or improvements Development and without overloading the floor or damaging such building the Building or improvementsDevelopment, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so electselect, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall agrees to restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities quality of the building and other improvements situated on the premisesBuilding.

Appears in 1 contract

Samples: Lease Agreement (Contour Medical Inc)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the demised premises (including, but not limited to, roof and wall penetrations) of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents , and to the making provisions of any such this article, Tenant at Tenant's expenses, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises by using contractors or machanics first approved by Landlord. All fixtures and all panalling, partitions, ceilling and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be made removed from the premises by TenantTenant prior to the expiration of the lease, at Tenant's sole cost expense. Nothing in this article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant repair and restore the premises to their original the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the date of termination of this lease or upon earlier vacating end of the premises; providedterm remaining in the premises after Tenant's removal shall be deemed abondoned and may, howeverat the election of Landlord, that if either be retained as Landlord's property or may be removed from the premises by Landlord so elects prior to termination of this lease or upon earlier vacating of the premisesat Tenant's expense. Tenant shall, such before making any alterations, additions, improvements installations or improvements, at its expense, obtain all permits, approvals and partitions shall become the property certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of Landlord as of the date of termination of this lease or upon earlier vacating of the premises final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such workxxx'x xxxpensation, general liability, personal and property damage insurance as Landlord may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed discharged by Tenant may be removed within ten days thereafter, at Tenant's expense, by Tenant prior to filing the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if bond required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tearlaw. 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.38

Appears in 1 contract

Samples: Consent to Sublease (Movado Group Inc)

Alterations. Tenant shall not make any alterations, permit alterations or additions in or improvements to the premises Leased Premises unless and until the plans have been approved by Landlord in writing, such approval not to be unreasonably conditioned, delayed or withheld. Tenant agrees to pay Landlord's reasonable charges for review of any proposed alterations or additions and supervision of any such alterations and additions. As a condition of such approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations 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 contrary, Tenant shall not be required to remove the alterations described in Exhibit “D” (the “Approved Alterations”). In addition to and subject to the provisions of the preceding paragraph, including, but not limited to, Landlord’s consent to any alterations or additions that 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 wall penetrationsstructural inspection of the roof to insure its integrity. This equipment (1) without shall be considered a trade fixture, (2) shall not become a part of the prior written consent 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. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In Except in the event of imminent danger to property or health, under no circumstance will Landlord consents or any of its representatives be granted permission to the making of enter any such alterations, additions or improvements technical areas without being accompanied by Tenant, the same an authorized Tenant representative. This equipment (1) shall be made considered a trade fixture, (2) shall not become a part of the realty and property of Landlord, and (3) shall be removed by TenantTenant upon the expiration of this Lease. (c) Tenant shall have the right, at Tenant's ’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, ordinances regulations and regulationsbuilding codes, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good and workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering in quality equal to or better than the basic character original construction of the building Leased Premises. Landlord's approval of the plans, specifications and working drawings for Tenant's alterations shall create no responsibility or improvements liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and without overloading regulations of governmental agencies or damaging such building or improvementsauthorities. 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 each case complying connection with all applicable governmental lawsany 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, ordinancesor material claimed to have been furnished to, regulations and other requirements. All alterationsTenant, additions, improvements and partitions erected by 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 remain 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 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 expiration or earlier termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesLease.

Appears in 1 contract

Samples: Lease Agreement (Talk America Holdings Inc)

Alterations. Tenant shall not have the right to make any alterations, alterations or additions or improvements to the premises (includingPremises, but not limited toor construct additional improvements on the Premises, roof and wall penetrations) without subject to the prior written consent of Landlord. Such , which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Landlord's prior written consent will not be denied provided the improvements are building standard office/warehouse finishesnecessary for any alteration, addition, or improvement of a cosmetic and non-structural nature. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same All work shall be made by Tenantwith due diligence, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good and workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying compliance with all applicable governmental laws, ordinances, regulations orders, rules, regulations, certificates of occupancy, or other governmental requirements, and other requirementsprovided Tenant shall provide Landlord with thirty (30) days advance notice before commencing such work, excepting the cosmetic work. Title to all improvements constructed or installed by Tenant shall be and remain vested in Tenant during the term of this Lease. All alterations, additions, improvements fixtures, and partitions erected improvements, whether temporary or permanent in character, made to the Premises by Tenant shall be and remain Xxxxxx, will immediately vest in Landlord at the property end of Tenant during the term Term of this lease Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore will remain on the premises Premises without compensation to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up Tenant. Notwithstanding anything to the Landlord with the premises. All contrary in this section, all equipment, shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal removal, Tenant shall restore repair the premises to their original condition with consideration for normal wear portion of the Premises from which such equipment, shelves, bins, machinery or trade fixtures were removed. Upon Lease expiration, Tenant shall, upon Landlord's request, remove its cabling from the Premises and tearthe Building. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building Buildings and other improvements situated on the premisesPremises.

Appears in 1 contract

Samples: Office Lease Agreement

Alterations. Tenant shall not have the right to make any alterations, alterations or additions or improvements to the premises (includingPremises, but not limited toor construct additional improvements on the Premises, roof and wall penetrations) without subject to the prior written consent of Landlord. Such , which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Landlord's prior written consent will not be denied provided the improvements are building standard office/warehouse finishesnecessary for any alteration, addition, or improvement of a cosmetic and non-structural nature. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same All work shall be made by Tenantwith due diligence, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good and workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying compliance with all applicable governmental laws, ordinances, regulations orders, rules, regulations, certificates of occupancy, or other governmental requirements, and other requirementsprovided Tenant shall provide Landlord with thirty (30) days advance notice before commencing such work, excepting the cosmetic work. Title to all improvements constructed or installed by Tenant shall be and remain vested in Tenant during the term of this Lease. All alterations, additions, improvements fixtures, and partitions erected improvements, whether temporary or permanent in character, made to the Premises by Tenant shall be and remain Tenant, will immediately vest in Landlord at the property end of Tenant during the term Term of this lease Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore will remain on the premises Premises without compensation to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up Tenant. Notwithstanding anything to the Landlord with the premises. All contrary in this section, all equipment, shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal removal, Tenant shall restore repair the premises to their original condition with consideration for normal wear portion of the Premises from which such equipment, shelves, bins, machinery or trade fixtures were removed. Upon Lease expiration, Tenant shall, upon Landlord's request, remove its cabling from the Premises and tearthe Building. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building Buildings and other improvements situated on the premisesPremises.

Appears in 1 contract

Samples: Office Lease Agreement (F5 Networks Inc)

Alterations. Tenant Sub-subtenant shall not make any alterations, additions no changes in or improvements to the premises (including, but not limited to, roof and wall penetrations) Leased Premises without obtaining Landlord’s prior written consent. Subject to the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents , and to the making provisions of any such this Article 8, Sub-subtenant may make alterations, installations, additions or improvements by Tenant, which do not affect the same shall be made by Tenant, at Tenant's sole cost structure of the Premises or the Leased Premises or their utility services or plumbing and expense, in accordance with all applicable laws, ordinances and regulationselectrical lines, and all requirements provided same are in and affect only the interior of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor the Leased Premises, using contractors or person selected by Tenant to make the same and all subcontractors must mechanics first be approved in writing by Landlord. Tenant mayAll fixtures, without all electrical items and all paneling, partitions, railings and like installations installed in the consent of LandlordLeased Premises at any time, but at its own cost and expense and in a good workmanlike manner erect such shelveseither by Sub-subtenant or by Landlord on Sub-subtenant’s behalf, 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 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 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 by Landlord, Sub-subtenant shall immediately and at its expense repair and restore the Leased Premises to the condition existing prior to installation, and shall repair any damage to the Leased Premises due to such removal. All property permitted or required to be removed by Sub-subtenant at the end of the date of termination of this lease or upon earlier vacating of Term remaining in the premises and Leased Premises after Sub-subtenant’s removal shall be delivered up to the Landlord with the premises. All shelves, bins, machinery deemed abandoned and trade fixtures installed by Tenant may be removed from the Leased Premises by Tenant prior to Landlord at Sub-subtenant’s expense, which right of Landlord shall survive the termination expiration of this lease if Tenant so electsLease. 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 be removed by the date promptly deliver duplicates of termination of this lease or upon earlier vacating of the premises if required by 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 any the real property of which the Leased Premises form a part, for all work, labor and services to be performed and materials to be furnished in connection with such removal Tenant shall restore the premises to their original condition with consideration for normal wear work, signed by all contractors, subcontractors, materialmen and tearlaborers who become involved in such work. All such removals and restoration The work shall be accomplished done in a good and workmanlike manner so as not to damage and in compliance with all applicable law, ordinances, codes, governmental rules, regulations and requirements, and in accordance with the primary structure or structural qualities standards, if any, of the building and other improvements situated on Board of Fire Underwriters the premisesjurisdiction of which includes the Leased Premises.

Appears in 1 contract

Samples: Sub Sublease (Perfumania Holdings, Inc.)

Alterations. 10.1 Tenant shall not make any alterations, additions or improvements in or to the premises Premises or any part thereof, or attach any fixtures or equipment thereto, without Landlord's prior written consent. Notwithstanding the preceding sentence, Tenant may make such alterations, additions or improvements without Landlord's consent only if the total cost of such alterations, additions or improvements is twenty-five thousand dollars (including$25,000) or less and such alterations, additions or improvements will not affect in any way the structural, exterior or roof elements of the Premises or the mechanical, electrical, plumbing or life safety systems of the Premises, but not limited to, roof and wall penetrations) without the Tenant shall give prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making notice of any such alterations, additions or improvements by Tenantto Landlord. All alterations, additions and improvements in or to the same Premises to which Landlord consents shall be made by Tenant, Tenant at Tenant's sole cost and expenseexpense as follows: (a) Tenant shall submit to Landlord, for Landlord's written approval, complete plans and specifications for all work to be done by Tenaxx. Xxch plans and specifications shall be prepared by responsible licensed architect(s) and engineer(s) approved in accordance 18 writing by Landlord, shall comply with all applicable codes, laws, ordinances ordinances, rules and regulations, shall not adversely affect any systems, components or elements of the Premises, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the Premises, and all requirements of shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. Tenant shall notify Landlord in writing of the licenses architect(s) and engineer(s) whom Tenaxx xxxposes to engage to prepare such plans and specifications. Landlord shall notify Tenant in writing, within ten (10) days after receipt of Tenaxx'x xotice, whether Landlord approves or disapproves such architect(s) and engineer(s). (b) Landlord shall notify Tenant promptly in writing 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 Tenant's insurance policies architect(s) and only engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant in accordance with 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, through Tenant's licensed contractor(s), perform all work in accordance with the plans and any contractor or person selected specifications approved by Landlord. Tenant shall pay for all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the same alterations, additions and all subcontractors must first be improvements. Tenant shall engage responsible licensed contractor(s) approved in writing by LandlordLandlord to perform all work. Tenant mayshall notify Landlord in writing of the licensed contractor(s) whom Tenaxx xxxposes to engage for the work. Landlord shall notify Tenant promptly in writing whether Landlord approves or disapproves such contractor(s). Tenant shall pay to Landlord any additional direct costs (beyond the normal services provided to Tenant) and shall reimburse Landlord for all reasonable expenses incurred by Landlord in connection with the review, without approval and supervision of any alterations, additions or improvements made by Tenaxx. Xxder no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expenses incurred by Tenant on account of Tenaxx'x xlans and specifications, Tenaxx'x xontractors 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 consent date on which construction of Landlord, but any work will be commenced at its own cost least five (5) days prior to such date. Tenant shall cause all work to be performed by the licensed contractor(s) approved in writing by Landlord in accordance with the plans and expense specifications approved writing by Landlord 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 19 full compliance with all applicable governmental codes, laws, ordinances, regulations rules and regulations, including the Americans with Disabilities Act and similar laws. Tenant shall keep the Premises free from mechanics', materialmen's and other requirementsliens arising out of any work performed, labor supplied, materials furnished or other obligations incurred by Tenaxx. Xxnant shall promptly and fully pay and discharge all claims on which any such lien could be based. Tenant shall have the right to contest the amount or validity of any such lien, provided Tenaxx xxxes prior written notice of such contest to Landlord, prosecutes such contest by appropriate proceedings in good faith and with diligence, and, upon request by Landxxxx, xxrnishes such bond as may be required by law to protect the Premises from such lien. 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, 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. (f) While Landxxxx xxx the right to approve Tenant's alterations, additions or improvements, Landxxxx'x xole interest in doing so is to protect the Building and Landlord's interests. Accordingly, Tenant shall not rely upon Landlord's approvals and Landlord shall not be the guarantor of, nor responsible for, the correctness or accuracy of any such alterations, additions or improvements or the compliance thereof with applicable laws, and Landlord shall incur no liability of any kind by reason of granting such approvals. 10.2 All alterationsAlterations, additions, improvements trade fixtures and partitions erected improvements, which are permanent in character, made in or to the Premises by Tenant Landlord or Tenant, shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating become part of the premises; providedBuilding or parking garage as the case may be, howeverand Landxxxx'x xroperty. Landlord shall have the right, that if Landlord so elects prior at Landlord's option, by giving written notice to termination of this lease or upon earlier vacating of Tenant at the premisestime Tenant installs any such items, (i) to retain all such alterations, additions, fixtures and improvements in the Premises, without compensation to Tenant, or (ii) to require that Tenant remove all such alterations, additions, fixtures and partitions improvements from the Premises upon termination of this Lease, at Tenant's sole expense, repair all damage caused by any such removal, and restore the Premises to the condition in which the Premises existed before such alterations, additions, fixtures and improvements were made. All movable furniture, equipment, trade fixtures, computers, office machines and other personal property shall become remain the property of Landlord as of the date of Tenant. Upon termination of this lease or upon earlier vacating Lease, Tenant shall, at Tenant's expense, remove all such movable furniture, equipment, trade fixtures, computers, office machines and other personal property from the Premises and repair all damage caused by any such removal. Termination of this Lease shall not affect the obligations of Tenant pursuant to this section 10.2 to be performed after such termination. 10.3 Tenant shall pay Landlord a construction management fee equal to Landlord's actual cost not to exceed two percent (2%) of the premises and shall be delivered up hard construction costs in connection with any alterations, additions or improvements made to the Landlord with Premises other than the premises. All shelvesinitial Tenant Improvements and any alterations, 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 additions or upon earlier vacating of the premises if improvements for which Landlord's consent is not required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished as provided 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 premisessection 10.1.

Appears in 1 contract

Samples: Industrial Lease (Williams Sonoma Inc)

Alterations. After the completion of the initial Tenant Improvements (if any), Tenant shall not make any alterations, additions additions, substitutions or improvements (“Alterations”) in or to the premises Premises, or make changes to locks on doors, or add, disturb or in any way change any plumbing or wiring (including“Changes”) without first obtaining the written 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 or Changes upon the expiration or earlier termination of the Term and any extension period thereof, and to restore the Premises to the condition they were in prior to such Alterations or Changes, including restoring any damage resulting from such removal, all at Tenant’s expense, but excepting reasonable use and wear and tear. Any Alterations or Changes, but excluding Tenant Improvements, approved by Landlord and not limited torequired to be removed upon the 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 Lease. Any Alterations or Changes required to be made to Tenant’s Premises by any amendment to any applicable building, roof health, safety, fire, nondiscrimination, or similar law or regulation (“law”), or any new law shall be made at Tenant's sole expense and wall penetrations) without shall be subject to the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents Except with respect to the making initial Tenant Improvements, Tenant shall reimburse Landlord for any reasonable sums expended for examination and approval of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost architectural 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 mechanical plans and specifications approved by Landlord; of the Alterations and Changes and direct costs reasonably incurred during any contractor inspection or person selected supervision of the Alterations or Changes. All damage or injury done to the Premises or Building by Tenant to make or by any persons who may be in or upon the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without Premises or Building with the express or implied consent of LandlordTenant, including but at its own cost not limited to the cracking or breaking of any glass of windows and expense and in a good workmanlike manner erect such shelvesdoors, 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 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 the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesTenant.

Appears in 1 contract

Samples: Lease Agreement

Alterations. Tenant Sublessee shall not make any changes, alterations, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) Sublet Premises without first obtaining the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Underlying Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premisesSublessor; provided, however, that Sublessor's consent shall not be required if Landlord so elects prior to termination of this lease or upon earlier vacating the written consent of the premisesUnderlying Landlord is first obtained, and Sublessee assumes all responsibility for restoration relating to any such changes, alterations, additions or improvements, as set forth below. If Sublessee's alterations are permitted or consented to as aforesaid, Sublessee shall comply with all of the covenants of Sublessor contained in the Underlying Lease pertaining to the performance of such alterations. In addition, additionsSublessee hereby expressly assumes all responsibility for any and all removal or restoration obligations in connection with Sublessee's alterations, and Sublessee agrees to indemnify, defend and hold Sublessor harmless from any and all loss, cost, and expense (including, without limitation, reasonable attorneys' fees) incurred by Sublessor and arising out of the performance of Sublessee's alterations. Simultaneously with the submission of any documents to the 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 partitions shall become cause same to be completed in accordance with law and the property of Landlord as terms, covenants, conditions, provisions and agreements of the date Underlying Lease. Sublessee hereby agrees to indemnify, defend and hold Sublessor harmless from any and all loss, cost and expense (including, without limitation, reasonable attorneys fees) incurred by Sublessor as a result of termination Sublessee's failure to comply with the aforesaid terms, covenants, conditions, provisions or agreements. In the event that any of this lease or upon earlier vacating Sublessee's alterations result in the Underlying Landlord charging an administrative fee pursuant to Section 5.6 of the premises and Underlying Lease, Sublessee shall be delivered up pay the full amount of such fee 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 Sublessor within ten (10) days of this lease if Tenant so elects, and shall be removed by the date receiving written notice of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisessame.

Appears in 1 contract

Samples: Sublease Agreement (Greenhill & Co Inc)

Alterations. Tenant shall not make any In addition to, and without limitation of the restrictions and limitations on alterations, additions or improvements as set forth in the Master Lease, Subtenant shall not make any improvements, alterations, additions, changes or modifications to the premises Sublease Premises (includingother than minor cosmetic alterations that do not affect the Building, but the Building structural components, the Building exterior, the Building’s electrical and mechanical and cannot limited to, roof and wall penetrationsbe seen from outside the Sublease Premises) without first obtaining the written consent of Sublandlord and Master Landlord. Sublandlord’s consent to alterations shall not be unreasonably withheld. Sublandlord shall provide its consent or a detailed response as to why such consent is being withheld with respect to Subtenant’s proposed alterations or improvements within ten (10) business days after Subtenant has delivered such request to Sublandlord. Subtenant must obtain the prior written consent of Landlord. Such consent will Sublandlord and Master Landlord to all proposed plans, drawings, consultants and contractors prior to performing any such alterations (other than minor cosmetic alterations that do not affect the Building, the Building structural components, the Building exterior, the Building’s electrical and mechanical and cannot be denied seen from outside the Sublease Premises). Sublandlord hereby approves the Alteration Plans in the form attached hereto as Exhibit C; provided the improvements are building standard office/warehouse finishes. In the event Landlord consents that Subtenant shall obtain Sublandlord’s prior written consent (such consent not to be unreasonably withheld, conditioned or delayed) to any modifications to the making of Alteration Plans. If any alterations are permitted by Sublandlord and Master Landlord, such alterations, additions or improvements by Tenant, the same alterations shall be made by Tenant, performed at Tenant's Subtenant’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 accordance with all of the terms of this Sublease and the Master Lease, and Subtenant shall pay any fees or costs payable to Master Landlord or otherwise incurred in connection therewith. Sublandlord shall bear no cost or expense or liability in connection with any such alterations. Subtenant shall provide Sublandlord with written evidence satisfactory to Sublandlord and/or Master Landlord that all contractors, suppliers and vendors have been paid in full for services related to the Sublease Premises, which shall include, but not be limited to, executed unconditional mechanic’s lien releases complying with California Civil Code Sections 8134 and 8138 from all contractors, suppliers and vendors performing any alterations or improvements in the Sublease Premises. Subtenant shall indemnify, defend and hold harmless Sublandlord and Master Landlord for any claims, damages or liabilities (including attorneys’ fees and legal costs) related to or arising from any liens or encumbrances placed on the Building or Sublease Premises related to Subtenant’s alterations or improvements. If Subtenant fails to timely discharge any liens in the manner erect such shelvesand within the timelines prescribed by Section 8(c) of the Master Lease, binsthen Sublandlord may pay the lien claim, machinery and trade fixtures any amounts so paid, including expenses and interest, shall be paid by Subtenant to Sublandlord within ten (10) days after Sublandlord has invoiced Subtenant therefor. Subtenant shall comply in all respects with the Master Lease as it may deem advisable, without altering relates to any alteration and/or improvement work. Upon the basic character expiration of the building Sublease Term, Subtenant shall remove any improvements 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 alterations required to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so electsMaster Landlord and repair any damage caused by such removal, and shall be removed by otherwise comply with the date of termination of this lease or Master Lease as it relates to surrender/restoration. Further, upon earlier vacating the expiration of the premises if required Sublease Term, Subtenant shall remove its personal property and furniture (including, without limitation, the furniture conveyed by Landlord; upon Sublandlord to Subtenant) and repair any damage caused by such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesremoval.

Appears in 1 contract

Samples: Sublease (Exar Corp)

Alterations. a. Tenant shall not make any alterations, alterations or additions or improvements to the premises (includingexterior or to the structural, but not limited tomechanical, roof plumbing, or electrical systems of the Building and wall penetrations) Property without the prior express written consent permission of the Landlord. Such Notwithstanding the foregoing, the Landlord acknowledges that as part of the Tenant Work, Tenant will be installing roof top or ground-mounted enclosed refrigeration equipment which will service its coolers and freezers in a location specified by the Landlord; provided, however, any roof top equipment must be screened in a manner reasonably acceptable to Landlord and must comply with the Covenant Documents and all Governmental Authorities. The same shall be deemed to be Tenant’s property which shall be removed by Tenant at the expiration of the Initial Lease Term and any renewal(s) or earlier termination of the Lease. Tenant shall use Landlord’s then-current roof contractor for purposes of (i) placement of the refrigeration equipment and any piercing of the roof membrane in order to facilitate the installation thereof, and (ii) removal of the refrigeration equipment and repair/restoration of the roof membrane to its original weather-resistant condition (determined as of the Ready for Occupancy Date), ordinary wear and tear excepted. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for its roof penetrations and any problems arising from such penetrations including any repairs to interior portions of the Building and Property. b. Tenant shall make alterations or additions to the interior of the Building and Property, only after first delivering to Landlord the plans and specifications therefore and obtaining Landlord’s written consent, which consent will not be denied unreasonably withheld, conditioned or delayed. Landlord’s approval of any Tenant plans, specifications or drawings under this Lease shall create no liability for Landlord for their completeness, design sufficiency, or compliance with Governmental Authorities or applicable codes or laws. Tenant shall promptly pay for the costs of all such alterations and additions regardless of the cost, and shall indemnify Landlord against liens, costs, damages, and expenses incurred by Landlord in connection therewith, including any attorneys’ fees incurred by Landlord if Landlord shall be joined in any action or proceeding involving such work. Landlord may, at its option, pay sums due in order to release such liens, in which event any such sums paid by Landlord shall be due to Landlord by Tenant as Additional Rent, upon demand. Under no circumstance shall Tenant commence any such work until Landlord has been provided with certificates evidencing that all the contractors and subcontractors performing such work have in full force and effect adequate worker’s compensation insurance as required by Governmental Authorities. c. All alterations and additions done before the Tenant first opens for business, shall be completed by Tenant in accordance with the Work Letter set forth in Exhibit B. All consents given by Landlord in reference to such improvements are building standard office/warehouse finishesshall be deemed conditioned upon: (i) Tenant acquiring all applicable permits required by any Governmental Authorities; (ii) the furnishing of copies of such permits together with a copy of the plans and specifications for the alteration to Landlord prior to commencement of the work thereon and prior to the submission for approval to any Governmental Authorities having jurisdiction; and (iii) the compliance by Tenant with all conditions of said permits in a prompt and expeditious manner. d. After the Tenant opens for business to the public, the Tenant will not require the Landlord’s consent to make alterations to the Building and Property that cost $100,000 or less, do not affect the Building structure or systems and for which: (i) Tenant first provides written notice to the Landlord to permit it post notices upon the Building and Property as permitted by this Lease; (ii) Tenant obtains any permits required by any Governmental Authority; (iii) Tenant undertakes such alterations in a commercially reasonable fashion; and (iv) Tenant provides the Landlord with “as-built” plans (if applicable) upon the completion of the alterations. In the event Landlord consents any remodeling, improvements, fixturing or modification to the making Building and Property by Tenant results in or causes the Building or Property to be subject to any change or modified compliance with any laws, rules or regulations then Tenant shall pay for and reimburse Landlord for all costs or expenses, including management costs, reasonably necessary to bring any part or all of the Building or Property. e. Within five (5) days after notifying Landlord of any planned erection, construction, alteration, removal, addition, repair or other improvement, Landlord shall post, and Tenant shall keep posted until completion of such alterationswork, additions in a conspicuous place upon the doors providing entrance to the Building and Property, notices of non-responsibility as permitted by Governmental Authorities, stating that Landlord’s interests in the Building and Property shall not be subject to any lien for such work. f. Any alterations done by Tenant at any time shall be done in a good and workmanlike manner, with good and sufficient materials, and be in compliance with all Governmental Authorities. Tenant shall promptly upon completion thereof furnish Landlord with as built plans and specifications therefore and copies of any approvals given by any applicable Governmental Authorities. g. Landlord acknowledges and agrees that all furniture, fixtures, equipment, machinery, cabinetwork, check-out counters, wiring used to serve the check-out counters, rooftop or improvements ground-based refrigeration equipment, coolers, chillers, walk-in or reach-in refrigeration equipment, movable partitions, signs, and any property bearing any of the Tenant’s trade names or trademarks, whether registered or unregistered, and all other items of personal property which Tenant utilizes to conduct its business on the Building and Property which may be installed in or upon the Building and Property at Tenant’s cost (whether or not reimbursed by TenantLandlord as a construction cost) (collectively, the same “Trade Fixtures) shall not be deemed to become a part of the Building and Property, and whether or not they become a component part of the Building and Property, the Trade Fixtures are and shall remain the property of Tenant and shall be made by treated as moveable trade fixtures for the purpose of this Lease. Tenant, at its own cost and expense, may install, place, reinstall or replace upon the Building and Property, or remove from the Building and Property, any such Trade Fixtures. Any replacement or additional Trade Fixtures shall not become the property of the Landlord but shall remain Tenant's ’s property the same as the original Trade Fixtures. All Trade Fixtures shall be removed by Tenant at the termination of this Lease. Tenant shall repair all damage to the Building and Property caused by any such removal. If Tenant fails to timely perform such removal obligations or if Landlord repairs any damage caused by such removal and not repaired by Tenant as herein provided, then the costs and expenses thereof incurred by Landlord may be recovered by Landlord from Tenant. Trade Fixtures will exclude those items which constitute essential building systems (such as base lighting, electrical, plumbing, mechanical, ceiling, bathroom fixtures, HVAC, etc.) and all fire-safety items, flooring, water heaters, interior walls, partitions, and doors, additional utility work (if applicable), grease trap (if applicable), and parapet/facade renovation (if applicable), which such items are or shall become part of the real property. h. Landlord acknowledges and agrees that Tenant’s Trade Fixtures may be leased from an equipment lessor and that Tenant may execute and enter into an equipment lease with respect to such Trade Fixtures. Landlord shall execute and deliver a document substantially in the form of the Landlord’s Release and Waiver attached hereto as Exhibit D and made a part hereof, in which Landlord: (i) acknowledges and agrees that the Trade Fixtures constitute the personal property of Tenant, and shall not be considered to be part of the Building and Property, regardless of whether or by what means they become attached thereto; (ii) agrees that it will not claim any interest in such Trade Fixtures; (iii) agrees that any equipment lessor may enter the Building and Property for the purpose of exercising any right it may have under the provisions of any equipment lease, including the right to remove such Trade Fixtures, provided that such equipment lessor agrees to repair any damage resulting from such removal; and (iv) any such other provisions as may be common. Landlord waives any statutory landlord’s lien and any attachment for rent on the Trade Fixtures that Landlord may have or may hereafter acquire. i. Tenant may install, operate and maintain rooftop satellite communication equipment (Satellite Equipment) on the roof of the Building above the Building and Property for use by Tenant in the Building and Property; provided, however, Tenant shall be required to utilize Landlord’s roofing contractor to the extent required to preserve any applicable roof warranties with respect to any work relating to the puncture or penetration of the roof or attaching any items to the roof. Tenant shall be solely responsible for the installation of the Satellite Equipment and shall, as a condition to installing and maintaining the Satellite Equipment and at Tenant’s sole cost and expense, in accordance with secure all necessary consents and approvals from all applicable lawsgovernmental authorities to construct, ordinances and regulationsoperate, and maintain the Satellite Equipment. Tenant agrees to locate all requirements of Landlord's cables and Tenant's insurance policies other equipment and only facilities connecting the Satellite Equipment to the Building and Property in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing locations reasonably designated by Landlord. Tenant mayagrees to indemnify, without defend, and hold harmless Landlord from and against all losses, damages, costs and expenses arising from or relating to the consent of Landlordinstallation, but at its own cost maintenance, and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character repair of the building or improvements and without overloading or damaging such building or improvementsSatellite Equipment, and the Satellite Equipment shall be considered part of the Building and Property for purposes of Tenant’s maintenance, indemnity, and insurance obligations under this Lease. All such equipment shall be installed and maintained by Tenant in each case complying good repair and working condition, in accordance with all applicable governmental laws, ordinances, rules, and regulations and other requirementsin compliance with the requirements of the insurers of the Building and Property. All alterations, additions, improvements and partitions erected by Tenant shall be pay all taxes of any kind or nature whatsoever levied upon the Satellite Equipment and remain all charges, expenses and other costs of any nature whatsoever relating to the property installation, ownership, maintenance and operation of Tenant during the term Satellite Equipment. The installation and operation of this lease the Satellite Equipment shall not interfere with the safety or operation of the Building and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of Property. Upon expiration or earlier termination of this lease or upon earlier vacating Lease, Tenant shall remove all of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises Satellite Equipment and shall be delivered up responsible for the repair, painting, and/or replacement of the building surface to which the Satellite Equipment is attached. j. Tenant will be permitted to install and maintain, one or more: cart corrals; outdoor bicycle racks, and, picnic, or similar tables all at locations to be mutually acceptable to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesTenant.

Appears in 1 contract

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

Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, but not limited towithout limitation, the roof and wall penetrations) without the prior written consent of Landlord. Such Landlord which consent will shall not be denied provided the improvements are building standard office/warehouse finishesunreasonably withheld. In the event If Landlord consents shall consent to the making of any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable governmental laws, ordinances ordinances, rules and regulations, regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and . At the time Landlord consents to any contractor such alterations, additions or person selected by improvements Landlord shall advise Tenant whether Tenant is required to make remove such alterations, additions or improvements prior to the same and all subcontractors must first termination of the Lease. If Landlord does not so advise Tenant, then Tenant shall not be approved in writing by Landlordrequired to remove such items. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building Building or improvements Development and without overloading the floor or damaging such building Building or improvementsDevelopment, and in each such case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities quality of the building Building. Tenant may, at its own cost and other improvements situated on expense, without Landlord's consent, install, replace or remove any of Tenant's trade fixtures, furniture, demountable partitions and equipment (all hereinafter referred to as "Trade Fixtures"). Any or all such Trade Fixtures shall be and remain the premisesproperty of Tenant, and may, at Tenant's option and expense, be removed by the Tenant at any time during the term of the Lease or at the lease expiration date. Tenant shall be liable for damages to the Premises caused by Tenant's removal of its Trade Fixtures.

Appears in 1 contract

Samples: Sublease (Exult Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, but not limited towithout limitation, the roof and wall penetrations) without the prior written consent of Landlord. Such , which consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenantmay in Landlord's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first discretion be approved in writing by Landlordwithheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner manner, erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if at such time Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises premises, and title shall be delivered up pass to the Landlord with the premisesunder this lease as by a xxxx of sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if it required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on within which the premisespremises are situated. If Landlord shall, in its sole discretion, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to construction, provide such assurances to Landlord, (including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance) as Landlord shall require to protect Landlord against any loss from any mechanics', laborers' or materialmen's liens, or other liens.

Appears in 1 contract

Samples: Lease Agreement (Watson Pharmaceuticals Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, but not limited towithout limitation, the roof and wall penetrations) without the prior written consent of Landlord. Such If Landlord shall, consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable governmental laws, ordinances . ordinances. rules and regulations, regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same same, or, at Landlord's option and all subcontractors must first discretion, the alterations, additions or improvements shall be approved in writing made by LandlordLandlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building Building or improvements Development and without overloading the floor or damaging such building Building or improvementsDevelopment, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities quality of the building and other improvements situated on the premisesBuilding.

Appears in 1 contract

Samples: Lease Agreement (Peregrine Industries Inc)

Alterations. Tenant shall not make any alterations, additions or improvements alterations to the premises (including, but not limited to, roof and wall penetrations) Premises or the Business Park without the Landlord’s prior written consent of Landlord. Such consent will which shall not be denied provided the improvements are building standard office/warehouse finishesunreasonably withheld. In the event If Landlord consents gives its consent to the making of any such alterations, additions or improvements by Tenant, Landlord may post notices in accordance with the same shall be laws of the state in which the Premises are located. All alterations made by Tenant, whether or not subject to the approval of Landlord, shall be performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within thirty (30) days before or thirty (30) days after expiration of the Term, elect to require Tenant to remove some or all of the alterations which Tenant may have made to the Premises. If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition designated by Landlord in its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's sole cost ’s alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and expense, in accordance with all applicable laws, ordinances and regulationspermits, and all requirements of Landlord's and Tenant's insurance policies and only shall complete such alterations with due diligence in accordance compliance with plans and specifications approved by Landlord; . Tenant shall pay all costs for such construction and shall keep the Premises free and clear of all mechanics’ liens which may result from construction by Tenant. Notwithstanding anything in this Lease to the contrary: a. Tenant shall not be required to remove any contractor improvement or person selected fixture installed by Tenant in, on or about the Premises pursuant to Tenant’s repair obligation under this Lease, and Tenant shall not be required to remove any alterations, improvements, additions or utility installations for which Tenant has obtained Landlord’s consent, unless Landlord has indicated, at the time of granting such consent, that such removal will be required. b. Tenant shall be entitled to remove Tenant’s furniture, equipment, trade fixtures and other personal property at the expiration of the term, provided Tenant repairs all damages caused by such removal. c. Tenant shall be entitled to make alterations and utility installations in, on, under or about the same and all subcontractors must first be approved in writing by Landlord. Tenant may, Premises without the consent of Landlord, but at its own so long as the cost and expense and in a good workmanlike manner erect of such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering alteration or utility installation does not (i) exceed the basic character sum of $2,500; (ii) affect the structural or exterior portions of the building Building or improvements and without overloading adversely affect the Building electrical, plumbing or damaging such building HVAC systems; or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements(iii) involve the removal or relocation of any walls. 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 however, provide Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements fifteen (15) days prior advance written notice and partitions erected by Tenant and restore the premises to their original condition by the date copies of termination of this lease or upon earlier vacating a description of the premises; provided, however, that if alteration along with building permit plans(s) and specifications to enable Landlord so elects prior to termination post any desired notices of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesnon-responsibility.

Appears in 1 contract

Samples: Lease Agreement (Docent Inc)

Alterations. (A) Tenant shall not make alterations and additions to Tenant’s space except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions which (a) in Landlord’s opinion might adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of insurance or taxes on the Building 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, or (d) enlarge the Rentable Floor Area of the Premises. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting additions, alterations or improvements which do not require Landlord’s consent), as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour for senior staff and $100.00 per hour for junior staff (not to exceed $2,000 in any instance), plus (ii) reasonable, actual third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. Except for any additions or alterations which Tenant requests to remain in the Premises in Tenant’s notice seeking Landlord’s consent for the installation thereof (which notice shall specifically refer to this Section 5.14) and for which Landlord specifically agrees in writing may remain, 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 Additional Building and other improvements to the Site and, except for installation of furnishings, shall be performed by contractors or workers first approved by Landlord, such approval not to be unreasonably withheld or delayed. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry worker’s compensation insurance in statutory amounts covering all the contractor’s and subcontractor’s employees and commercial general liability insurance or comprehensive general liability insurance with a broad form comprehensive liability endorsement with such limits as Landlord may reasonably require, but in no event less than $2,000,000.00 combined single limit per occurrence on a per location basis (all such insurance to be written in companies approved by Landlord and naming and insuring Landlord and Landlord’s managing agent as additional insureds and insuring Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance. Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the premises (including, but not limited to, roof Building that are required in order to comply with Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to provide such rules and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents regulations relative to the making performance 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 installations by Tenant hereunder and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach by payment, bond or otherwise. Notwithstanding the foregoing to the contrary, Tenant may contest, and need not discharge or bond any such lien while so doing, provided that: (i) no action to foreclose any such lien has been brought in any judicial or quasi-judicial action, (ii) such contest shall be at Tenant’s sole cost and remain expense, (iii) such contest shall be by appropriate legal proceedings conducted in good faith and with due diligence, (iv) such contest will not materially and adversely interfere with the property of Tenant during the term of this lease and Tenant shallpossession, 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 use or upon earlier vacating occupancy or sale or financing of the premises; providedBuilding or Complex, however(v) such contest will not subject Landlord to any civil or criminal liability (other than for the amounts being contested), that if (vi) no Event of Default is then continuing and (vii) such contest will not cause 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 any affiliate of Landlord as to be in violation of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up any agreement to the Landlord with the premises. All shelveswhich it is bound, binsincluding, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so electswithout limitation, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesloan document.

Appears in 1 contract

Samples: Lease Agreement (Vistaprint LTD)

Alterations. Tenant Any alterations, additions or improvements permitted herein except as otherwise provided in Section1 and the Workletter shall not be made at the expense of the Lessee. The Lessee agrees that it will make any no alterations, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) Leased Premises without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirementsLessor. All alterations, additions, improvements improvements, cabinetry or other fixtures made or attached to the Building or the Leased Premises by and partitions erected for the Lessee, including but not limited to, any and all subdividing partitions, walls or railings of whatever type, material or height (but excepting movable office furniture and equipment and modular cabinetry paid for by Tenant shall Lessee and not permanently attached to the Building, which may be and remain removed by the property Lessee at the end of Tenant during the term of this lease Lease, if such termination is not the result of Lessee default hereunder) shall be the property of the Lessor and Tenant shallshall remain upon and be surrendered with the Leased Premises as a part thereof at the expiration or earlier termination of this Lease. The Lessor, unless Landlord otherwise elects as hereinafter providedhowever, reserves the right to require the Lessee to remove all alterationsany paneling, additionsdecorations, improvements partitions, walls or railings, floor coverings, booths, or fixtures installed by or at the request of the Lessee, by giving notice of such election to the Lessee at any time prior to, or not later than ten (10) days after the expiration or earlier termination of the Lease; in which event the Lessee, at the Lessee’s sole cost and partitions erected by Tenant expense, shall remove the property so specified on or before the date of expiration or earlier termination of this Lease or a date five (5) days after the receiving of such notice, whichever shall be the later, and shall promptly restore the premises Leased Premises to their original condition, reasonable wear and tear excepted; if Lessee fails to perform the necessary restorations within ten days after removing the property, or if Lessee is in default under this Lease, Lessor may undertake the restoration of the Leased Premises to their original condition by after the date of termination of this lease or upon earlier vacating removal of the premises; providedspecified property, however, that if Landlord so elects prior to termination in which event Lessee shall promptly reimburse Lessor for the cost of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesrestoration.

Appears in 1 contract

Samples: Lease (BNC Bancorp)

Alterations. Except for the Tenant shall Improvements, Tenant will not make any alterations, additions or improvements to the premises Premises (including, but not limited to, roof and wall penetrations) penetrations without the prior written consent of Landlord. Such consent will Landlord (not to be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterationsunreasonably withheld, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlorddelayed). Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner manner, erect such shelves, bins, machinery and machinery, movable lab benches, equipment, trade fixtures (defined as any fixtures used by Tenant in its specific business and not paid for by Landlord) and other non-structural interior improvements as it may deem advisable, without altering the basic character or structure of the building Premises or improvements and without overloading or damaging such building the Premises or improvementsBuilding, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirementsApplicable Laws. All Tenant will not make any alterations, additionsadditions or improvements to the Premises which will contravene Landlord’s policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies reasonably acceptable to Landlord. If any such alterations, additions or improvements and partitions erected cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof (as reasonably documented by Landlord), Tenant will pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. Within thirty (30) days receipt of reasonable documentation from Landlord following the completion of any alteration, addition, or improvement at the Premises by Tenant shall be that requires the prior consent of Landlord, Landlord Any and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements improvements, partitions and partitions fixtures erected by Tenant will be the property of Landlord and restore will remain at the premises to their original condition by the date of Premises upon termination of this lease the Lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premisesPremises. All shelves, bins, machinery machinery, trade fixtures, and trade fixtures other interior non-structural improvements installed by Tenant will remain the personal property of Tenant and may be removed by Tenant prior to the termination of this lease if Lease provided such removal may be accomplished without damage to the Premises or Building that cannot be repaired by Tenant so electsas set forth in this subparagraph. Prior to vacating the Premises, Tenant will repair any damage to the Premises or Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, or any Tenant Party. Should Tenant fail to conduct any such repair within ten (10) days of written notice from Landlord, Landlord may, at its option, perform same, and shall Tenant will remit payment to Landlord for the actual cost and expense incurred by Landlord in effecting such repair promptly upon demand. Tenant will have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim will affect and each such lien will attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to be removed paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the date Premises at the request of termination Tenant on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of Landlord in the Premises or under the terms of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesLease.

Appears in 1 contract

Samples: Lease Agreement (Precision Biosciences Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such consent will may not be denied provided the improvements are building standard office/warehouse finishesunreasonably withheld or denied. In the event Landlord consents agrees to the making grant such consent or deny same with reasons, within fifteen (15) days following its receipt of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expenserequest therefor, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance together with plans and specifications approved specs of such improvements, by Landlord; written notification. The failure of Landlord to timely do so shall be deemed to be its consent. If consent is timely denied, Landlord and any contractor or person selected by Tenant agree to make the same and all subcontractors must first be approved work in writing by Landlordgood faith to satisfy both parties' needs. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease lease, and Tenant shall, unless Landlord otherwise elects elects, as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease lease, if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premises.

Appears in 1 contract

Samples: Lease Agreement (Conns Inc)

Alterations. After the completion of the initial Tenant Improvements (if any), Tenant shall not make any alterations, additions additions, substitutions or improvements (“Alterations”) in or to the premises Premises, or make changes to locks on doors, or add, disturb or in any way change any plumbing or wiring (including“Changes”) without first obtaining the written 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 or Changes upon the expiration or earlier termination of the Term and any extension period thereof, and to restore the Premises to the condition they were in prior to such Alterations or Changes, including restoring any damage resulting from such removal, all at Tenant’s expense, but excepting reasonable use and wear and tear. Any Alterations or Changes, but excluding Tenant Improvements, approved by Landlord and not limited torequired to be removed upon the 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 Lease. Any Alterations or Changes required to be made to Tenant’s Premises by any amendment to any applicable building, roof health, safety, fire, nondiscrimination, or similar law or regulation (“law”), or any new law shall be made at Tenant's sole expense and wall penetrations) without shall be subject to the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents Except with respect to the making initial Tenant Improvements, Tenant shall reimburse Landlord for any reasonable sums expended for examination and approval of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost architectural 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 mechanical plans and specifications approved by Landlord; of the Alterations and Changes and direct costs reasonably incurred during any contractor inspection or person selected supervision of the Alterations or Changes. All damage or injury done to the Premises or Building by Tenant to make the same and all subcontractors must first be approved in writing or by Landlord. Tenant mayTenant’s officers, without the consent of Landlorddirectors, but at its own cost and expense and in a good workmanlike manner erect such shelvesemployees, binsagents, 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 improvementscontractors, and in each case complying with all applicable governmental lawsinvitees, ordinancesincluding but not limited to the cracking or breaking of any glass of windows and doors, 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 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 the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesTenant.

Appears in 1 contract

Samples: Lease Agreement

Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term Term of this lease Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises Premises to their original condition by the date of termination of this lease Lease or upon earlier vacating of the premises; Premises, provided, however, that if Landlord so elects prior to termination of this lease Lease or upon earlier vacating of the premisesPremises, such any or all alterations, additions, improvements and partitions as elected by Landlord shall become the property of Landlord as of the date of termination of this lease Lease or upon earlier vacating of the premises Premises and shall be delivered up to the Landlord with the premisesPremises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premisesPremises.

Appears in 1 contract

Samples: Lease Agreement (Bioject Medical Technologies Inc)

Alterations. Except for the Tenant shall Improvements and the repair or replacement of finishes in the Premises (i.e., paint, carpet, flooring, wallcoverings, countertops and similar items), Tenant will not make any alterations, additions structural or improvements non-structural Alterations to the premises (including, but not limited to, roof and wall penetrations) Premises without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premisesOwner’s consent; provided, however, that the placement of art, decorations, boards, screens, and other items customarily placed on walls in office buildings will not be deemed to be an alteration or modification so long as they can be removed without substantial irreparable damage to the walls. Owner may condition its consent on various matters, including Tenant agreeing to remove the Alterations and repair any resulting damage on Lease termination at Tenant’s cost, and if Landlord so elects such alterations require construction permits from local governmental permitting authorities, Tenant posting security for the estimated cost of the Alterations or Tenant posting performance bonds for the Alterations, and/or lien waivers, and Owner’s approval of the plans and specifications for the Alterations. All Alterations will be performed in a good and workmanlike manner, and in conformity with all Legal Requirements. Upon completion of any Alterations, Tenant will (a) if such alterations require construction permits from local governmental permitting authorities, provide Owner with “as built” plans and copies of all construction permits, contracts and approvals; and (b) provide Owner with proof of payment for all labor and materials. Owner agrees to execute affidavits of legal interest as necessary for Tenant to secure any permits or approvals for approved Alterations from any governmental authority having jurisdiction; provided, however, any fees, charges and expenses required in connection therewith must be borne solely by Tenant. Unless permitted under the Tenant Improvements or this Section 14, Tenant will not make any penetrations in the roof, walls, floor slab, foundations or exterior of the Building whatsoever without Owner’s prior consent. In no event shall Tenant be required to remove the Tenant Improvements (including any data or cabling installations installed as part of Tenant’s Work) or Alterations upon the expiration of earlier termination of this lease or upon earlier vacating of the premisesLease, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any unless Owner requires such removal as part of any required consent to its installation. Owner also agrees that Tenant shall restore will not be obligated to remove any Tenant Improvements approved by Owner, unless Owner requires the premises removal obligation as a condition of Owner’s approval; provided, however, Owner agrees that Tenant will not be obligated to their original condition with consideration remove any Tenant Improvements that are ordinary or customary for normal wear general office and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisescall center uses.

Appears in 1 contract

Samples: Lease Agreement (Tandem Diabetes Care Inc)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the demised premises (including, but not limited to, roof and wall penetrations) of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents , and to the making provisions of any such this article, Tenant, at Tenant's expense, may make alterations, installations, additions or improvements which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises using contractors or mechanics first approved in each instance by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises any time, either by Tenant or by Landlord on Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises. Nothing in this Article shall be construed to give Landlord title to or prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal or any such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be 2 The Commencement Date shall be the earlier to occur of (i) March 31, 2008, the scheduled expiration of a lease by and between Landlord and Digital Convergence Corporation, as Tenant, for the Demised Premises (hereinafter the "Digital Lease"), or (ii) in the event of the early termination of the Digital Lease, ten (10) business days following Landlord's written notice that the Digital Lease has terminated. Notwithstanding the foregoing sentence, the commencement of this Lease shall be subject to all the terms and conditions of that certain Guaranty and Compensation Agreement of even date herewith by and between Landlord, as Lessor and Tenant, as Guarantor. 3 retained as Landlord's property or removed from the premises by Landlord, at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord an Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such workxxx'x xxxpensation, general liability, personal and property damage insurance as Landlord may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be made discharged by TenantTenant within ten days thereafter, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor payment or person selected by Tenant to make filing the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if bond required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premiseslaw.

Appears in 1 contract

Samples: Lease Agreement (Health Management Systems Inc)

Alterations. Tenant shall not make and Subtenant acknowledge that any additions, alterations, additions demolitions or improvements to be performed in connection with the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same Sublease shall be made first approved by Tenant, at Tenant's sole cost and expense, Landlord in accordance with the Lease and subject to all applicable lawsof the terms and conditions of the Lease. Without limitation, ordinances Landlord acknowledges that Subtenant plans to install new carpet and regulationspaint throughout the Subleased Premises, and all requirements of subject to Landlord's and Tenant's insurance policies and only ’s approval in accordance with the Lease and subject to all of the terms and conditions of the Lease, and subject to Sublandlord’s approval in accordance with the Sublease and subject to all of the terms and conditions of the Sublease. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans in connection with the Sublease, as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour for senior staff and $100.00 per hour for junior staff, plus (ii) third party expenses incurred by Landlord to review such plans and specifications approved by Landlord; and any contractor work. Upon the expiration or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character earlier termination of the building or improvements Sublease, at Landlord’s option, Tenant and without overloading or damaging Subtenant shall at their expense remove all such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, alterations and improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises Premises to their its original condition by condition. All contractors, vendors and service providers requiring access to the date of termination of this lease Subleased Premises or upon earlier vacating the Building shall be subject to Landlord’s prior and continuing review and approval with respect to insurance, security and operational matters. Solely between Tenant and Subtenant, the provisions of the premises; provided, however, that if Landlord so elects prior to termination Sublease (including without limitation Section 17) shall control and determine their respective responsibility for removal or restoration of this lease any improvement or upon earlier vacating of alteration in the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesSubleased Premises.

Appears in 1 contract

Samples: Consent to Sublease (Stealth BioTherapeutics Corp)

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Alterations. Tenant shall not be permitted to make any alterations, additions or improvements such alterations and modifications to the premises (includingPlant on the Leased Premises as it desires, but including by way of example and not limited tolimitation, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterationsa hydrotreater, additions or improvements by Tenanta hydrocracker, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulationsa propane de-asphalting unit, and all requirements of Landlord's miscellaneous grease 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 maylubricant manufacturing equipment ("Proposed Alterations"), , without the consent of Landlord, but at its own cost provided that Tenant gives Landlord reasonable notice and expense that all such alterations or modifications are performed and completed in a good workmanlike manner erect such shelvessafe and prudent manner, 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 improvementsin accordance with all Laws, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirementssuch a manner not to adversely affect or impair Landlord’s operations at the Storage Facility or its ability to perform its obligations under the Related Agreements. All alterations, additions, improvements and partitions erected by Tenant shall be permitted to make alterations 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 modifications to the Landlord with Office/Warehouse, the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building Parking Lot and other improvements situated on the premisesLeased Premises owned by Landlord, with the prior written consent of Landlord, not to be unreasonably withheld, and provided further that Tenant gives Landlord reasonable notice and that all such alterations or modifications are performed and completed in a safe and prudent manner, in accordance with all Laws, and in such a manner not to adversely affect or impair Landlord’s operations at the Storage Facility or its ability to perform its obligations under the Related Agreements. Tenant will be solely responsible, for any liabilities or obligations arising out of the construction or operation of such alterations or modifications. Landlord will cooperate with Tenant to the extent required by regulatory or other governmental authorities with jurisdiction over any such alterations or modifications at no cost to Landlord apart from administrative assistance, and with respect to any air quality permitting requirements associated with the Proposed Alterations, Landlord agrees that any new construction, alterations or modifications being made or proposed by Landlord to the Storage Facility will not adversely affect Tenant's ability to obtain such air quality permits, it being agreed that the Proposed Alterations will have priority over any alterations to the Storage Facility planned or constructed by Landlord with respect to air quality permits; provided that the Proposed Alterations are completed during the initial Term of this Lease.

Appears in 1 contract

Samples: Land Lease (Vertex Energy Inc.)

Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premises.

Appears in 1 contract

Samples: Lease Agreement (Aetrium Inc)

Alterations. 8.1 Tenant shall not make any alterations, interior decorations, improvements or additions or improvements to the premises Leased Premises or attach any fixtures or equipment thereto, above ten thousand dollars (including$10,000) in direct cost to Tenant, but not limited to, roof and wall penetrations) without the Landlord’s prior written consent of Landlord. Such consent will approval, which approval shall not be denied provided unreasonably withheld, delayed or conditioned. All such alterations, interior decorations, improvements or additions made to the Leased Premises or the attachment of any fixtures or equipment thereto shall be performed at Tenant’s sole cost and expense. Tenant may affix pictures and shelving to the walls without Landlord’s consent. So long as Tenant is not in default hereunder, Tenant shall have the right but, except as stated in the succeeding sentence, not the obligation to remove any of said alterations, interior decorations, improvements or additions caused to be made to the Leased Premises by Tenant, during and at the expiration of the Lease term or any renewal thereof, providing that Tenant repairs any damage caused to the Leased Premises by said removal. Landlord, by notice to Tenant in writing not more than thirty (30) days after the expiration of the Lease term, or any renewal term thereof, may request that Tenant remove any of said alterations, interior decorations, improvements or additions caused to be made to the Leased Premises by Tenant or any of the fixtures, furniture and equipment caused to be installed by Tenant and, if Landlord makes said request, Tenant shall, within thirty (30) days thereafter, remove such of said alterations, interior decorations, improvements, additions, fixtures, furniture and equipment as are building standard office/warehouse finishesstated in such request and repair any damage caused to the Leased Premises by said removal. In the event that Landlord consents requests such removal and Tenant fails to remove same and repair any damage caused thereby on or before said expiration date, Tenant agrees to reimburse and pay Landlord for the cost of removing same and repairing any damage to the making of any such alterations, additions or improvements Leased Premises caused by Tenant, said removal. Notwithstanding anything contained in this Lease to the same shall be made by Tenant, at Tenant's sole cost and expensecontrary, in accordance with all applicable lawsno event shall Tenant be required to remove any improvements or alterations constructed as part of the initial build out of the Leased Premises, ordinances and regulationsor which are installed by Landlord, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications or which are installed by Tenant but which have been approved by Landlord; and any contractor or person selected by Tenant to make , with no condition at the same and all subcontractors must first time of approval at they ultimately be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirementsremoved. All of said alterations, interior decorations, improvements, additions, improvements fixtures, furniture and partitions erected by Tenant shall be and remain equipment remaining on the property Leased Premises after said expiration date, or at such sooner termination date due to any default of Tenant during the term of this lease and Tenant shallTenant, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be unless removed by Tenant prior in accordance with the foregoing provisions. 8.2 In doing any such work Tenant shall use due care to cause as little damage or injury as possible to the termination of this lease if Leased Premises and the Building and to repair all damage or injury that may occur to the Leased Premises or the Building in connection with such work. Tenant so electsagrees in doing any such work in or about the Leased Premises to use Tenant’s best efforts to engage only such labor as will not conflict with or cause strikes or other labor disturbances. Any contractors employed by Tenant shall be approved by Landlord and Landlord shall not unreasonably withhold its approval and consent, provided, however, that all such contractors shall be required to carry worker’s compensation insurance, public liability insurance and property damage insurance in amounts, form and content, and with companies reasonably satisfactory to Landlord. Prior to the commencement by Tenant of any work as set forth in this Article, Tenant shall be removed obtain, at Tenant’s sole cost and expense, all necessary permits, authorizations and licenses required by the date of termination of this lease or upon earlier vacating of various governmental authorities having jurisdiction over the premises if required by Landlord; upon any such removal Tenant Leased Premises. 8.3 This Article VIII shall restore exclude the premises to their original condition with consideration for normal wear initial buildout work set forth in Article III and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesrelated Exhibits.

Appears in 1 contract

Samples: Lease (Precision Therapeutics Inc)

Alterations. Tenant may not make alterations in or additions to the Leased Premises unless Tenant has first obtained from Landlord written permission to do so, and Tenant shall, if requested by Landlord, furnish Landlord with plans and specifications, names and addresses of the contractors who will perform the work, copies of the contracts, all necessary permits and indemnification in form and amount satisfactory to Landlord against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions. Whether Tenant shall have furnished Landlord the foregoing or not, Tenant hereby agrees to hold Landlord harmless from any and all liabilities of every kind and description which may arise out of or be connected with the alterations or additions. Tenant shall bay the cost of all such alterations and additions and also the cost of decorating the Leased Premises occasioned by such alterations and/or additions. Tenant shall not overload, damage or deface the Leased Premises, the Building or the Property or do any act or thing or bring or keep anything thereon which may make void or voidable any alterations, additions insurance on the Leased Premises or improvements to the premises (including, but Building or which may render an increase or extra premiums payable for insurance. Tenant shall not limited to, roof and wall penetrations) without move any heavy equipment into the Leased Premises except with prior written consent of LandlordLandlord and upon such terms as Landlord may specify. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making Upon completion of any such alterationsalterations or additions, Tenant shall furnish Landlord with contractors' affidavits and full waivers of liens and receipted bills covering all labor, materials and subcontractors expended and used. All alterations and/or additions or improvements by Tenant, the same shall must be made by Tenant, at Tenant's sole cost completely finished in a good and expense, neat workmanlike manner and comply in accordance all respects with all insurance requirements and with all applicable federal, state, or municipal statutes, laws, ordinances and regulations, or any department or agency thereof, or any department thereof, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant mayincluding, without limitation, the consent standards and regulations of LandlordO.S.H.A. and environmental laws and regulations applicable to such alterations, but and/or additions. Only good grades of materials shall be used in the alterations and/or additions. All additions shall become Landlords's property and shall remain upon the Leased Premises at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisablethe termination of this Lease by lapse of time or otherwise, without altering the basic character of the building compensation or improvements and without overloading allowance or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirementscredit to Tenant. All alterations, additions, improvements and partitions erected changes made by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises restored to their original condition by the date of termination of this lease or upon earlier vacating of the premises; providedat Tenant's expense, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such requests. Any alterations, additions, improvements and partitions additions or repairs shall become be performed by labor which is compatible with the property union or unions representing the service employees of Landlord as of in the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesBuilding.

Appears in 1 contract

Samples: Office Lease (Made2manage Systems Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character or structure of the building Premises or improvements and without overloading or damaging such building the Premises or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All Tenant shall not make any alterations, additions or improvements to the Premises which will contravene 11 Landlord's policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general public liability, or which will prevent Landlord from securing such policies in companies acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof, Tenant shall pay as additional rent the amount of any such increase promptly upon demand by Landlord. Any and all alterations, additions, improvements improvements, partitions and partitions fixtures erected by Tenant shall be and remain the property of Tenant during Landlord and shall remain at the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of Premises upon termination of this lease the Lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premisesPremises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any Lease provided such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall may be accomplished in a good workmanlike manner so as not without damage to damage the Premises or to the primary structure or structural qualities of the building buildings and other improvements situated on the premisesPremises. Tenant shall repair any damage to the Premises, or the Building as a result of any alteration, or repair by Tenant, its employees, agents, invitees, or contractors to the Premises.

Appears in 1 contract

Samples: Lease Agreement (Tekelec)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the demised premises (including, but not limited to, roof and wall penetrations) of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents , and to the making provisions of any such this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises by using Contractors or mechanics first approved by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be made removed from the premises by Tenant, Tenant prior to the expiration of the lease at Tenant's sole cost expense. Nothing in this article shall he construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant repair and restore the premises to their original the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the date of termination of this lease or upon earlier vacating end of the premises; providedterm remaining in the premises after Tenant's removal shall be deemed abandoned and may, howeverat the election of Landlord, that if either be retained as Landlord's property or may be removed from the premises by Landlord so elects prior to termination of this lease or upon earlier vacating of the premisesat Tenant's expense. Tenant shall, such before making any alterations, additions, improvements installations or improvements, at its expense, obtain all permits, approvals and partitions shall become the property certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of Landlord as of the date of termination of this lease or upon earlier vacating of the premises final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such wxxxxxx'x compensation, general liability, personal and property damage insurance as Landlord may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed discharged by Tenant may be removed by Tenant prior to within ten days thereafter, at Tenant's expense, by, filing the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if bond required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premiseslaw.

Appears in 1 contract

Samples: Lease Agreement (Princeton Media Group Inc)

Alterations. Tenant (1) Sublessee shall not make any alterationshave the right, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and to make all alterations, decorations, additions or improvements as may be required for the conduct of Sublessee's business in a good workmanlike manner erect such shelvesthe Sublet Premises, bins, machinery and trade fixtures as it may deem advisable, without altering except that Sublessee shall be required to obtain the basic character consent of the building Sublessor to alterations, additions or improvements in the Sublet Premises (which consent the Sublessor agrees will not be unreasonably withheld or delayed), provided that the Sublessor shall not withhold its consent to the following alterations to be performed by the Sublessee to the Sublet Premises: a) Relocation of partitions and without overloading or damaging doors; b) Relocation and/or installation of additional electrical and telephone outlets; c) carpet, paint and wallcovering; d) installation of signs on the entrance to the Sublet Premises and outside the Building in accordance with Section 22 of this Sublease; and e) construction of "break room" consisting of a sink, dishwasher, microwave oven and vending machines provided Sublessee shall obtain the consent of the Underlying Landlord if such building or improvements, and consent is required pursuant to the terms of the Underlying Lease. Sublessee shall comply in each case complying the performance of such work with all applicable governmental laws, ordinances, rules and regulations of all governmental authorities having jurisdiction over the Sublet Premises. (2) Sublessor represents and other requirements. warrants to Sublessee that Sublessor is not under any duty, as a Tenant under the Underlying Lease, to make alterations to the Premises in order to restore the Premises to the condition into which the Premises are to be put to comply with the requirement of the Underlying Lease relating to Sublessor's surrender of the Premises at the expiration of the term of the Underlying Lease. (3) All alterationsarticles of personal property and all business and trade fixtures, additionsmachinery, improvements equipment, furniture and movable partitions erected owned by Tenant the Sublessee or installed by the Sublessee at its expense in the Sublet Premises shall be and remain the property of Tenant the Sublessee and may be removed by the Sublessee at any time during the term of this lease Sublease provided that Sublessee shall repair any damage caused by said removal and Tenant shallshall deliver the Sublet Premises to Sublessor broom clean and in substantially the same condition as upon commencement of the term hereof, reasonable wear and tear excepted, except however, Sublessee shall not be required to remove any alteration, including any structural alteration it may have been allowed to make pursuant to the terms of the Underlying Lease, or with the consent of the Underlying Landlord (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 required by the date terms of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesconsent).

Appears in 1 contract

Samples: Sublease Agreement (Lowestfare Com Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner expense, may erect such shelves, bins, machinery furniture, machinery, liquid nitrogen piping and associated equipment (including a tank and compressor outside the Building), alternate fire suppression system and other trade fixtures as it may deem advisabledesires, without altering provided that (i) such items do not alter the basic character of the building Premises or improvements and the Building, (ii) such items do not overload or damage the Building or any Building systems, (iii) such items may be removed without overloading or damaging such building or improvementsinjury to the Premises, and in each case complying (iv) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and other with Landlord's specifications and requirements. All Tenant shall be responsible for the compliance of all of its alterations, additions and improvements to the Premises with the Americans With Disabilities Act of 1990 and the Texas Architectural Barriers Act. Except for removable furniture, fixtures and equipment, raised computer floor(s), cubical furniture, liquid nitrogen piping and associated equipment (including outside tank and compressor), alternate fire suppression system and de-mountable interior wall panels, all alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of 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 immediately 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 premisesinstallation. All shelves, bins, machinery furniture, machinery, liquid nitrogen piping and associated equipment (including exterior tank and compressor), raised computer floor(s), cubical furniture, alternate fire suppression system(s) and removable trade fixtures installed by Tenant may shall be removed by the Property of Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by Tenant on or before the date earlier to occur of the day of termination or expiration of this lease Lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Premises, at which time Tenant shall restore the premises Premises to their original the condition with consideration for normal which existed as of the completion of the Interior Improvements [specifically excluding liquid nitrogen piping and associated equipment (including exterior tank and compressor) and alternate fire suppression system(s)], reasonable wear and teartear excepted. All such alterations, installations, removals and restoration restorations shall be accomplished performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building and Building or other improvements situated on the premisesPremises or of which the Premises are a part.

Appears in 1 contract

Samples: Lease Agreement (Silicon Laboratories Inc)

Alterations. Tenant Lessee shall not make any alterations, additions additions, partitions or other improvements to the premises (including, but not limited to, roof and wall penetrations) Premises without the prior written consent of Landlord. Such Lessor which consent will shall not be denied provided the improvements are building standard office/warehouse finishesunreasonably withheld or delayed. In the event Landlord consents to the making of any such alterationsLessee, 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 expense, may erect such shelves, bins, machinery and trade fixtures as it may deem advisabledesires as well as alterations, without altering additions, partitions, or other improvements which have been specifically consented to in writing by Lessor, provided that (a) such items do not alter the basic character of the Premises or the building and/or improvements of which the Premises are a part, (b) such items do not overload or improvements and damage tile same, (c) such items may be removed without overloading or damaging such building or improvementsinjury to the Premises, and in each case complying (d) the construction, erection or installation thereof complies with all applicable governmental laws, codes, ordinances, regulations regulations, or any other applicable authorities, including, without limitation, the ADA; and with Lessor's details, specifications and other requirements. Any architectural, engineering, construction management, permits, inspections, or other cost or fee required to assure compliance with the conditions set forth in this Paragraph 6 shall be paid by Lessee promptly upon demand. All alterations, additions, partitions, or other improvements and partitions erected by Tenant Lessee shall be and remain the property of Tenant Lessee 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 premisesLease; provided, however, that if Landlord so elects prior to at the termination of this lease Lease, Lessor shall have the option, exercisable in Lessor's sole discretion, to require Lessee either (i) upon request to remove, at Lessee's sole cost and expense, all or upon earlier vacating part of any alterations, additions, partitions, or other improvements, at which time Lessee shall promptly restore the premisesPremises to its original condition ordinary wear and tear excepted (this option is available to Lessor only if Lessor notified Lessee of same in writing at the time Lessor consented to such alterations), or (ii) to keep in place the same, at which time such alterations, additions, improvements improvements, and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premisesLessor. 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 Lessee shall be removed by on or before the earlier to occur of the date of termination of this lease Lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant Premises, at which time Lessee shall restore the premises Premises to their original condition with consideration for normal ordinary wear and teartear excepted. All such alterations, installations, removals and restoration shall be accomplished performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building buildings and other improvements situated on the premisesPremises or of which the Premises are a part.

Appears in 1 contract

Samples: Lease Agreement (Industrial Data Systems Corp)

Alterations. Other than the Initial Tenant Improvements, Tenant shall not make any no alterations, installations, additions or improvements (herein collectively called "Alterations") in or to the premises (includingDemised Premises or the Building, but not limited tostructural or otherwise, roof without Landlord's prior written consent. Tenant, at its sole cost and wall penetrations) 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. Such consent will not be denied provided , Landlord may correct or remove the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterationssame, additions or improvements by Tenant, the same and Tenant shall be made liable for any and all expenses incurred by Tenant, Landlord in the performance of such work. All Alterations shall be at Tenant's sole cost and expense, in accordance shall comply with all applicable laws, ordinances rules, orders and regulations, regulations of governmental authorities having jurisdiction thereof and all requirements shall be made at such time and in such manner as Landlord determines will not unreasonably interfere with the use of Landlord's the Building by other Tenants and Tenant's insurance policies and their respective premises. All Alterations shall be made only in accordance with plans and specifications approved by Landlord; and any contractor such contractors or person selected by Tenant to make the same and all subcontractors must first be 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 mayshall pay prevailing wages to all contractors and mechanics. All Alterations to the Demised Premises, 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 whether made by Landlord or improvements and without overloading or damaging such building or improvementsTenant, and in each case complying with all applicable governmental lawswhether at Landlord's or Tenant's expense, ordinancesor the joint expense of Landlord and Tenant, regulations and other requirements. All alterations, additions, improvements and partitions erected by 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 during to remove all or any part of the term Alterations made by the Tenant, subsequent to the Term Commencement Date, unless Landlord agrees in writing not to require the removal of this lease 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, unless at its cost and expense, repair any damage to the Demised Premises or the Building caused by such removal. In the event Landlord otherwise elects as hereinafter provideddoes not so elect, and Tenant does not remove all alterationsTenant's Property, 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 it shall become the property of Landlord as of Landlord. In the date of termination of this lease event Tenant fails to remove Tenant's property or upon earlier vacating of the premises and shall be delivered up Alterations requested to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to Landlord on or before the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating expiration of the premises if required by Landlord; upon 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 Tenant shall restore together with any and all damages which the premises to their original condition with consideration for normal wear Landlord may suffer and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities sustain by reason of the building 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 other improvements situated on the premisescould likely cause Landlord to suffer and incur substantial monetary damage or injury to which Tenant would be liable.

Appears in 1 contract

Samples: Lease Agreement (Startec Global Communications Corp)

Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, including but not limited toto roof, roof floor and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. 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 Premises made by Tenant, Tenant shall supply Landlord with a set of scaled and dimensioned, reproducible mylars of "as-built" plans for such alterations, additions or improvements, certified by Tenant's architect or space planner. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good and workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building Building or improvements and without overloading or damaging such building the Building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease Term and Tenant shall, unless Landlord otherwise elects as hereinafter herein provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises Premises to their original condition by 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 sooner date of termination of this lease or upon earlier vacating of the premisesLease; provided, however, that if Landlord so elects prior to termination or expiration of this lease or upon earlier vacating of the premisesLease, such alterations, additions, improvements and partitions shall become the property of Landlord as of the Lease Expiration Date or any sooner date of termination of this lease or upon earlier vacating of the premises Lease and shall be delivered up to the Landlord with the premisesPremises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by on or before the Lease Expiration Date or any sooner date of termination of this lease or upon earlier vacating of the premises Lease if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities of the building Building and other improvements situated on in the premisesPremises. Tenant shall not be required to remove any of the Leasehold Improvements constructed pursuant to the Work Letter attached hereto as Exhibit "C." In addition, Tenant shall not be required to remove any subsequent alteration or improvement made by Tenant, provided Tenant obtains Landlord's written consent to surrender such alteration or improvement with the Premises, at the time Landlord consents to the making of such alteration or improvement.

Appears in 1 contract

Samples: Lease Agreement (Synquest Inc)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the demised premises (including, but not limited to, roof and wall penetrations) of any nature without Landlord’s prior written consent subject to the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents , and to the making provisions of any such this Article. Tenant at Tenant’s expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines in or to the interior of the demised premises by using contractors or mechanics first approved by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant’s behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord’s right thereto and to have them removed by Tenant, in which event, the same shall be made removed from the premises by TenantTenant prior to the expiration of the lease, at Tenant's sole cost ’s expense. Nothing in this Article shall be construed to give Landlord title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant repair and restore the premises to their original the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the date of termination of this lease or upon earlier vacating end of the premises; providedterm remaining in the premises after Tenant’s removal shall be deemed abandoned and may, howeverat the election of Landlord, that if either be retained as Landlord’s property or may be removed from the premises by Landlord so elects prior to termination of this lease or upon earlier vacating of the premisesat Tenant’s expense. Tenant shall, such before making any alterations, additions, improvements installations or improvements, at its expense, obtain all permits, approvals and partitions shall become the property certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of Landlord as of the date of termination of this lease or upon earlier vacating of the premises final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant’s contractors and sub-contractors to carry such xxxxxxx’x compensation, general liability, personal and property damage insurance as Landlord may require. If any mechanic’s lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this Article, the same shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed discharged by Tenant may be removed within ten days thereafter, at Tenant’s expense, by Tenant prior to filing the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if bond required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premiseslaw.

Appears in 1 contract

Samples: Office Lease Agreement (Harris Interactive Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, but not limited towithout limitation, the roof and wall penetrations) without the prior written consent of Landlord. Such If Landlord shall consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable governmental laws, ordinances ordinances, rules and regulations, regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlordlandlord; and any contractor or person selected by Tenant to make the same same, or, at Landlord's option and all subcontractors must first discretion, the alterations, additions or improvements shall be approved in writing made by LandlordLandlord for Tenant, account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building Building or improvements Development and without overloading the floor or damaging such building Building or improvementsDevelopment, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities quality of the building and other improvements situated on the premises.Building,

Appears in 1 contract

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

Alterations. All alterations to the Premises shall require Landlord’s consent, which shall not be unreasonably withheld, delayed or conditioned. Landlord agrees to comment as to Tenant’s plans and specifications within ten (10) days of receipt of same, failing which, such plans and specifications shall be deemed approved. Promptly upon completion of any material alterations, Tenant shall not make any alterations, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) without the prior written consent furnish Landlord with an as-built set of Landlordplans therefore. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any All such alterations, additions or improvements by Tenant, become the same property of Landlord immediately upon installation in the Premises and shall be conclusively presumed to have been conveyed by Tenant to Landlord under this Lease as a xxxx of sale, without compensation, allowance, or credit to Tenant. Tenant agrees to save Landlord harmless from any damage, loss, or expense arising from the construction of any alterations, additions and improvements and to comply with all laws, ordinances, rules and regulations. Upon termination of this Lease, all alterations, additions and improvements made in, to or on the Premises (including without limitation all electrical, lighting, plumbing, heating, air conditioning, and communications equipment and systems, doors, windows, partitions, drapery, carpeting, shelving, counters, and physically attached fixtures unless excluded by Tenantwritten agreement annexed hereto), shall remain upon and be surrendered as a part of the Premises; provided however, upon Landlord's request Tenant shall remove its communications cabling and those additions, alterations, or improvements as specified by Landlord at the time Landlord approves such alteration, addition or improvements, and repair and restore the Premises at Tenant's sole cost and expenseexpense prior to expiration of the Term. Tenant may install a backup generator, in accordance with all applicable lawsat Tenant’s sole cost, ordinances at a location and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and based on specifications reasonably 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 will be responsible to obtain any necessary permits or approvals required to install the consent of Landlord, but at its own cost generator and expense for ongoing repairs 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 requirementsmaintenance. 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 For additional terms related to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior initial improvements to the termination of this lease if Tenant so elects, and shall be removed by Premises see the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so Work Letter attached as not to damage the primary structure or structural qualities of the building and other improvements situated on the premises.Exhibit E.

Appears in 1 contract

Samples: Office Lease (Trupanion Inc.)

Alterations. Tenant shall not make any alterations, . additions or improvements to the premises (including, but not limited towithout limitation, the roof and wall penetrations) without the prior written consent of Landlord. Such , which consent will shall not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlordunreasonably withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if at such time Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and title shall be delivered up pass to the Landlord with the premisesunder this lease as by a bill xx 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 removal, Tenant shall restore the premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on within which the premisespremises are situated. If Landlord shall, in its sole discretion, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to construction, provide such assurances to Landlord, (including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance) as Landlord shall require to protect Landlord against any loss from any mechanics', laborers' or materialmen's liens, or other liens.

Appears in 1 contract

Samples: Lease Agreement (Ameriquest Technologies Inc)

Alterations. (a) Tenant shall not make any alterations, additions or improvements to the premises Premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering so long as such work is non-structural in nature, does not affect the basic character roof or any area outside of the building Premises, does not materially affect the electrical, plumbing, HVAC or improvements and without overloading mechanical systems in the Building or damaging such building servicing the Premises, or the sprinkler or other life safety system, does not overload or damage the Building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease Lease Term and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises Premises to their original condition by the date of termination of this lease Expiration Date or upon earlier vacating of the premisesPremises by Tenant at Tenant’s sole cost and expense; provided, however, that if Landlord so elects prior to termination of this lease the Expiration Date or upon earlier vacating of the premisesPremises, all such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premisesPremises. All non-permanently affixed racks, shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Expiration Date if Tenant so elects, and shall be removed by the date of termination of this lease Expiration Date or upon earlier vacating of the premises Premises if required by Landlord; upon . Upon any such removal removal, Tenant shall restore the premises Premises to their original condition with consideration for normal condition, reasonable wear and teartear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building Building and other improvements situated within the Premises. With regard to Tenant’s Work and to any alterations, additions or improvements made by Tenant to the Premises for which Landlord consent is required pursuant to Section 8(a), Tenant shall: (i) establish a construction disbursement account or record a surety bond; (ii) record a notice of posted security; and (iii) timely comply with all other requirements of Nevada Revised Statutes (“NRS”) Chapter 108, including, without limitation, NRS Chapter 108.2403 and NRS 108.2407, and for the providing of security, the noticing of posted security, and all other requirements of NRS Chapter 108 or its successor statutes as such statutes apply to Tenant’s Work or to alterations, additions or improvements for which Landlord consent is required pursuant to Section 8(a). In that regard, prior to the commencement of Tenant’s Work or any alterations, additions or improvements for which Landlord consent is required pursuant to Section 8(a), Tenant shall furnish Landlord with evidence, reasonably acceptable to Landlord, that (x) the accounts or bonding required by NRS Chapter 108 are in place and established, and (y) Landlord shall be notified by the bonding agent/account officer, in writing, thirty (30) days prior to cancellation, material change, or nonrenewal of such account/bonding. Landlord may, from time to time, prepare, record and deliver, as required by NRS 108.234, notices of non-responsibility that Landlord deems necessary or appropriate in connection with Tenant’s Work or any alterations, additions or improvements to the Premises by or on behalf of Tenant; and Tenant shall promptly provide Landlord such documents and instruments requested by Landlord in connection with the premisessame. Tenant agrees that this Section 8(b) serves as the notice to Tenant required under NRS 108.234(3)(e).

Appears in 1 contract

Samples: Lease Agreement (Leatt Corp)

Alterations. Tenant shall not make or suffer to be made any alterations, additions, or improvements in, on, or to the Premises or any part thereof without the prior consent of Landlord. Any such alterations, additions, or improvements in, on, or to said Premises, except for Tenant's movable furniture and equipment, shall, at Landlord's election, immediately become Landlord's property. Except as otherwise provided in the Special Stipulations, at the expiration or sooner termination of the term herein provided, such alterations, additions or improvements shall, at Landlord's option, either (i) remain on the Premises without compensation to Tenant, or (ii) with respect to alterations made after the Commencement Date (other than Tenant Improvements), be removed by Tenant at Tenant's sole cost and expense and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair and restore the Premises to the premises (includingcondition existing prior to installation of such alterations, but not limited toordinary wear and tear excepted. At the time that Tenant request's Landlord's prior consent to any alteration, roof and wall penetrations) without Tenant may request Landlord's determination as to whether such alteration, addition or improvement shall, at the prior written consent termination of the Lease, remain a part of the Premises as Landlord. Such consent will not 's property, or be denied provided the improvements are building standard office/warehouse finishesremoved by Tenant as described hereinabove. In the event Landlord consents to the making of any such alterationsalteration, additions addition, or improvements improvement by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances ordinances, and regulations, regulations and all requirements of Landlord's and Tenant's insurance policies policies, and only in accordance with plans and specifications approved by Landlord; and any contractor . Any contractor, subcontractor or other person selected by Tenant to make the same and all subcontractors such alterations, additions or improvements, must first be approved in writing by Landlord, or, at Landlord's option, the alteration, addition, or improvement shall be made by Landlord for Tenant's account and Tenant shall reimburse Landlord for the cost thereof within twenty (20) days after receipt of a statement. Landlord and Tenant mayrecognize that some types of alterations, without additions or improvements to the consent Premises may affect the density of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character use of the building or improvements Premises, and without overloading or damaging that such building changes may require mechanical changes in how Building services are provided to the Premises. Therefore, in considering any proposed alterations, additions or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Landlord may also require that Tenant shall be and remain reimburse Landlord for the property cost of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises changes to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up mechanical systems providing Building services to the Premises (e.g., re-routing or otherwise adjusting HVAC conduits serving the Premises). Landlord shall have the right to assess an administrative fee to cover Landlord's expense in reviewing any proposed alteration, addition or improvement (other than with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior respect to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if Improvements with respect to which Tenant is required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in pay a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premises.construction management fee in

Appears in 1 contract

Samples: Lease Agreement (Interland Inc)

Alterations. 11.1 Tenant shall not make or suffer to be made any alterations or improvements to or of the premises or any part thereof without the written consent of Landlord being first had and obtained. Any alterations, additions, or improvements to or of the premises, including without limitation any partitions (floor to ceiling), and all wall to wall installed carpeting, shall at once become a part of the realty and belong to Landlord. Movable furniture, equipment and trade fixtures shall remain the property of Tenant. 11.2 If Landlord consents to the making of any alterations, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense and any contractor or person elected by Tenant to make the same must first be approved of in writing by Landlord. Upon the expiration or sooner termination of the term, Tenant, upon demand by Landlord, at Tenant's sole cost and expense, in accordance forthwith and with all applicable lawsdue diligence shall remove any alterations, ordinances additions or improvements made to the premises by Handi-Kup Company, Xxxxx River Paper Co., Inc., WinCup Holdings, L.P. or Tenant and regulationsrelated to the operation of their business including, but not limited to, plastic bead storage tanks, enclosed surface mounted oil storage tanks, outside heat exchangers and cooling towers, roof mounted pollution control equipment related to boiler emissions, railroad loading dock, and all requirements of Landlord's and other external facilities specific to Tenant's insurance policies operations and only in accordance with plans and specifications approved by Landlord; and repair any contractor or person selected by Tenant damage to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition caused by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so electsremoval, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the return said premises to their original Landlord in good condition with consideration for normal and repair, reasonable wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisestear excepted.

Appears in 1 contract

Samples: Plant Lease (Radnor Holdings Corp)

Alterations. Tenant shall not make or permit any other improvements, alterations, additions fixed decorations, substitutions or improvements modifications, structural or otherwise, to the premises Premises (including“Alterations”) without the prior written approval by Landlord of complete and final plans and specifications prepared and submitted by Tenant, which approval may not be unreasonably withheld, conditioned or delayed. All Alterations shall be made by Landlord or Tenant’s contractor (which has been approved by Landlord) at Tenant’s sole cost, payable by Tenant only after Tenant has obtained all necessary permits from governmental authorities for the Alterations. Notwithstanding anything to the contrary contained in this Section, Tenant shall have the right from time to time and at any time, without Landlord’s consent, to perform the following work within the Premises, provided such work does not affect the base building structure or systems, including but not limited to, roof the HVAC, mechanical, electrical and plumbing systems: (i) install, remove and relocate nonstructural office partitioning, (ii) paint and install wall penetrationscoverings, (iii) without install and remove office furniture, (iv) relocate electrical outlets, (v) install and remove work stations, (vi) install and remove Tenant’s equipment (including office equipment and laboratory equipment and instruments used in the prior operation of Tenant’s business) and perform cable pulls in connection therewith, and (vii) install and remove carpeting and other floor coverings. If any mechanic’s lien is filed against the Premises for work or materials furnished to Tenant (other than by Landlord) the lien shall be discharged by Tenant within thirty (30) days after Tenant receives written consent notice of the lien, solely at Tenant’s expense, by either paying off or bonding off the lien. Should Tenant fail to discharge any lien within thirty (30) days of Tenants receipt of notice of its filing, then, in addition to Landlord. Such consent will ’s other remedies, Landlord shall have the right, but not be denied provided the improvements are building standard office/warehouse finishes. In obligation, to discharge said lien at Tenant’s expense and Tenant shall pay on demand, as Additional Rent, any amount plus the event Default Rate paid by Landlord consents to for the making discharge or satisfaction 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 regulationsliens, 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 attorney’s fees and other requirements. All alterations, additions, improvements costs 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 expenses 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 reasonably incurred in defending any such removal Tenant shall restore action or in obtaining the premises to their original condition with consideration for normal wear and tear. All discharge of such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premiseslien.

Appears in 1 contract

Samples: Lease Agreement (Commonwealth Biotechnologies Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, but not limited towithout limitation, the roof and wall penetrations) without the prior written consent of Landlord. Such , which consent will shall not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlordunreasonably withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if at such time Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and title shall be delivered up pass to the Landlord with the premisesunder this lease as by a xxxx of sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal condition, ordinary wear and teartear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on within which the premisespremises are situated. If Landlord shall consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to construction, provide such assurances to Landlord, (including but not limited to, surety company performance bonds) as Landlord shall reasonably require to protect Landlord against any loss from any mechanics’, laborers’ or materialmen’s liens, or other liens. Notwithstanding the foregoing, Landlord agrees that Tenant shall not be obligated to remove the remodeling of the existing offices, construction of new office area adjacent to the existing offices, installation of lights and a heating system in the warehouse which are completed during the first six (6) months of the lease term.

Appears in 1 contract

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

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the demised premises (including, but not limited to, roof and wall penetrations) of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents , and to the making provisions of any such this article, Tenant and Tenant's expense, may make alterations, installments, additions or improvements which are non-structural and which do not adversely affect utility services or plumbing and electrical lines, in or to the interior of the demised premises by using contractors or mechanics first approved by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be made removed from the premises by TenantTenant prior to the expiration of the lease, at Tenant's sole cost expense. Nothing in this article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant repair and restore the premises to their original the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the date of termination of this lease or upon earlier vacating end of the premises; providedterm remaining in the premises after Tenant's removal shall be deemed abandoned and may, howeverat the election of Landlord, that if either be retained as Landlord's property or may be removed from the premises by Landlord so elects prior to termination of this lease or upon earlier vacating of the premisesat Tenant's expense. Tenant shall, such before making any alterations, additions, improvements installations or improvements, at its expense, obtain all permits, approvals and partitions shall become the property certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of Landlord as of the date of termination of this lease or upon earlier vacating of the premises final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation reasonably, general liability, personal and property damage insurance as Landlord may require. If any mechanic's lien or U.C.C. financing statement is filed against the demised premises or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed discharged by Tenant may be removed within ten days after notice, at Tenant's expense, by Tenant prior to filing the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if bond required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure law or structural qualities of the building and other improvements situated on the premisesotherwise.

Appears in 1 contract

Samples: Sublease Agreement (Maxwell Shoe Co Inc)

Alterations. Tenant Subtenant shall not only be permitted to make any alterations, additions or alterations and improvements (“Alterations”) to the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, Sublease Premises in accordance with all applicable lawsthe terms of Section 4 of the Master Lease, ordinances and regulationssubject to Tenant’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. If Subtenant obtains Master Lessor’s approval of any Alterations to the Sublease Premises, Tenant’s consent shall not be required provided Master Lessor releases Tenant from any and all requirements liability associated with such Alterations. Tenant’s approval of Landlord's and Tenant's insurance policies and only an Alteration (including as set forth in accordance with plans and specifications approved by Landlord; and any contractor or person selected this Section 8.2) shall not be a representation by Tenant to make that 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 Alteration complies with all applicable governmental lawsRequirements or will be adequate for Subtenant’s use. Notwithstanding anything to the contrary contained herein, ordinancesSubtenant’s obligation to repair any damage caused by its removal of Subtenant’s trade fixtures, regulations equipment, personal property and other requirementsAlterations from the Sublease Premises shall extend only to restore to the Existing Condition, and, provided Master Lessor releases Tenant from any and all liability associated with such Alterations, Subtenant shall only be obligated to make such repairs to the extent Master Lessor requires the repairs. All alterationsIf Subtenant remains in the Sublease Premises with Landlord’s consent following Lease termination, additions, improvements and partitions erected by Tenant Subtenant shall be and remain relieved of any obligations to remove any items from 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 premisesSublease Premises on termination; provided, however, that if Landlord so elects prior Subtenant shall remain financially liable to termination of this lease or upon earlier vacating of Tenant for the premises, such alterations, additions, improvements and partitions shall become cost to return 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 Sublease Premises to the Landlord with Existing Condition in the premisesevent that Tenant is held financially responsible to Master Lessor for returning the Property to Master Lessor in the condition set forth in the Master Lease. All shelvesSubject to Master Lessor consent, bins, machinery Tenant hereby approves the following Alterations by Subtenant: (a) Construction of offices and trade fixtures installed by Tenant may be removed by Tenant prior to the termination improvements shown on Exhibit “D” hereto; (b) Installation of this lease if Tenant so elects, data and shall be removed by the date telephone communications cabling and equipment; and (c) Installation of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesSubtenant’s manufacturing equipment.

Appears in 1 contract

Samples: Sublease Agreement (Exar Corp)

Alterations. Tenant shall not make any major alterations, additions additions, or improvements to the premises (including, but not limited to, roof and wall penetrations) Premises without the prior written consent of Landlord. Such , which consent will shall not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions unreasonably withheld or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlorddelayed. Tenant may, without the consent of Landlord, but at its Tenant's own cost and expense and in a good good, workmanlike manner manner, make such minor alterations, additions, or improvements or erect, remove, or alter such partitions, or erect such shelves, bins, machinery machinery, and trade fixtures as it may deem advisable, without altering the basic character of the building Building or improvements and improvements, without affecting the structural or loadbearing elements of the Building or improvements, without overloading or damaging such building Building or improvementsimprovements or any utility systems servicing same, and without interference to the other occupants of the Building or any other of Landlord's tenants, and in each case complying with all applicable governmental laws, ordinances, regulations regulations, and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain At the property of Tenant during the term termination of this lease and lease, Tenant shall, unless if Landlord otherwise elects as hereinafter providedso elects, and at Tenant's sole cost and expense, remove all alterations, additions, improvements improvements, and partitions erected by Tenant and restore the premises Premises to their original condition by the date of termination of this lease or upon earlier vacating of the premisescondition; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premisesotherwise, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premisesPremises. All shelves, bins, machinery machinery, and trade fixtures installed by Tenant may be removed by Tenant prior to at the termination of this lease lease, if Tenant so elects, so long as no event of default by Tenant is then in existence, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration restorations shall be accomplished in a good good, workmanlike manner so as not to damage the primary structure or structural qualities of the building Building and other improvements situated on the premisesPremises. Any fixtures installed in the Premises by Tenant other than shelves, bins, machinery, and similar trade fixtures shall become the property of Landlord when installed.

Appears in 1 contract

Samples: Lease Agreement (Si Diamond Technology Inc)

Alterations. Tenant shall not make or permit any alterations, additions or improvements other person to the make any alterations to said demised premises (including, but not limited to, roof and wall penetrations) without the prior written consent of LandlordLandlord first had and obtained. Such Should Landlord consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements alterations to said demised premises by Tenant, the same alterations shall be made by Tenant, at Tenant's the sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements expense of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved Tenant by Landlord; and any a contractor or other person selected by Tenant to make the same and all subcontractors must first be approved in writing before work commences by Landlord. Tenant may, without the consent of Landlord, but at its own cost Any 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, or improvements shall be made by licensed contractors in a workmanlike manner to all building codes in force and partitions erected 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 restore settle all expenses and liabilities arising out of or in any way connected with any and all construction, repairs, alterations or maintenance of the premises 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 their original condition by the date of termination of this lease Lease or upon earlier vacating of any extension thereof, Tenant shall be permitted to remove from the demised premises all Personalty (Tenant’s fixtures, furnishings, inventory and equipment on the demised premises whether nailed, screwed, or otherwise fastened to the demised premises; provided, 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, that if Landlord Tenant shall repair all damages caused by any such removal (except for small holes caused by nails, fasteners and the like). Any Personalty not so elects removed by Tenant prior to termination of this lease Lease or upon earlier vacating any extension thereof, shall become at once a part of the premises, such alterations, additions, improvements realty 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 belong to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior without compensation to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesTenant.

Appears in 1 contract

Samples: Lease (Bank of Commerce Holdings)

Alterations. (a) Tenant shall not make any alterations, additions or improvements to the premises Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord in Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's ’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 Landlorddiscretion. Tenant may, without with the consent of Landlord, but at its own cost and expense and in a good workmanlike manner manner, erect such shelves, bins, machinery bins and trade fixtures as it may deem advisable, without altering the basic character or structure of the building Premises or improvements and without overloading or damaging such building the Premises or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All Tenant shall not make any alterations, additions or improvements to the Premises which will contravene 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 improvements, partitions and partitions fixtures erected by Tenant shall be and remain the property of Tenant during Landlord and shall remain at the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of Premises upon termination of this lease the Lease or upon earlier vacating of the premises; providedPremises, however, except that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery bins and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any Lease provided such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall may be accomplished in a good workmanlike manner so as not without damage to damage the Premises or to the primary structure or structural qualities of the building Building and other improvements situated on the premisesPremises. 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, reasonable wear and tear excepted. 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

Samples: Lease Agreement (Lionbridge Technologies Inc /De/)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the demised premises (including, but not limited to, roof and wall penetrations) of any nature without Owner's prior written consent. Subject to the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents Owner, and to the making provisions of any such this article, Tenant, at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises by using contractors or mechanics first approved in each instance by Owner. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be made discharged by TenantTenant within 30 days thereafter, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, by payment or filing the bond required by law. All fixtures and all requirements of Landlord's paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant maybehalf, without the consent of Landlordshall, but at its own cost and expense and in a good workmanlike manner erect such shelvesupon installation, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant during no later than twenty days prior to the term date fixed as the termination of this lease lease, elects to relinquish Owner's rights thereto and Tenant shallto have them removed by Tenant, unless Landlord otherwise elects as hereinafter providedin which event, remove all alterations, additions, improvements and partitions erected the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installation as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to their original the condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects existing prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements installation and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up repair any damage to the Landlord with demised premises or the premisesbuilding due to such removal. All shelves, bins, machinery and trade fixtures installed by Tenant may property permitted or required to be removed by Tenant prior to at the termination end of this lease if Tenant so elects, and the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's property or may be removed by the date of termination of this lease or upon earlier vacating of from the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesOwner at Tenant's expense.

Appears in 1 contract

Samples: Store Lease (Berkshire Bancorp Inc /De/)

Alterations. A. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term Term of this lease Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, to remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises Premises to their original condition by the date of termination of this lease Lease or upon earlier vacating of the premises; Premises, provided, however, that if Landlord so elects prior to termination of this lease Lease or upon earlier vacating of the premisesPremises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease Lease or upon earlier vacating of the premises Premises and shall be delivered up to the Landlord with the premisesPremises. 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 Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tearrepair any damage caused by such removal. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premisesPremises. (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 “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 any of said laws) in or about the Premises and associated with Xxxxxx’s use and occupancy thereof upon the expiration of earlier termination of this Lease. C. Notwithstanding anything to the contrary contained herein, Xxxxxxxx agrees that the Tenant shall not be responsible for, and 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 of the date Tenant occupies the Premises pursuant to the terms of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Applied Precision, Inc.)

Alterations. Tenant (a) Subtenant shall not make any alterations, additions, or improvements to the Subleased Premises without Sublandlord’s prior written consent, which shall not be unreasonably withheld or delayed, and the approval of Master Landlord pursuant to the terms and conditions outlined in the Master Lease. Any alterations, additions or improvements to which Master Landlord and Sublandlord consent must be constructed and installed in accordance with (i) all requirements contained in the premises Master Lease, including, without limitation those requirements set forth in Article 10 of the Master Lease, and (ii) any reasonable requirements imposed by Sublandlord to protect Sublandlord’s interest in the Master Lease and/or in the Subleased Premises. All such alterations, additions and improvements consented to by Sublandlord and Master Landlord will be performed by contractors approved by Sublandlord and Master Landlord, and will be made using new, first class materials and in a good and workmanlike manner. At its sole cost and expense, Subtenant shall coordinate all work with a project manager approved by Sublandlord (and Master Landlord, if required by the Master Lease), and Sublandlord shall have the right to review all progress in connection with such work, Subtenant shall be solely responsible for any and all expenses and additional costs charged by Master Landlord (whether billed directly to Sublandlord or Subtenant) pursuant to the Master Lease, including, without limitation, legal expenses, architectural and engineering expenses). Where possible, Subtenant shall coordinate payment of all additional costs directly with Master Landlord. Sublandlord shall not be required to advance any payments to Master Landlord on Subtenant’s behalf or to provide any construction bonds on Subtenant’s behalf. Subtenant will indemnify and hold Sublandlord, Master Landlord, the Subleased Premises, the Premises, and the Building free, clear and harmless of and from all mechanics’ liens and claims of liens, and all other liabilities, liens, claims and demands on account of such work by or on behalf of Subtenant. Prior to the commencement of any work (including, but not limited to, roof any maintenance, repairs, alterations, additions, improvements or installations) in or to the Subleased Premises, by or for Subtenant, Subtenant will give Sublandlord written notice of the proposed work and wall penetrations) the names and addresses of the persons supplying labor and materials for the proposed work. Sublandlord and/or Master Landlord will have the right to post notices of non- responsibility or similar written notices on the Subleased Premises and the Premises in order to protect the same against any such liens. All alterations (whether temporary or permanent in character and whether made with or without the prior written consent of Sublandlord and/or the Master Landlord. Such consent will ) made in or upon the Subleased Premises, either by Sublandlord or Subtenant, shall be the Master Landlord’s property upon installation and shall remain on the Subleased Premises without compensation to Subtenant unless Master Landlord shall elect to have the alterations removed pursuant to the terms and conditions outlined in the Master Lease. (b) Subject to subsection 4.7(c) below, Subtenant shall not be denied provided responsible for the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making removal of any alterations, additions or improvements (including phone and data cabling) made (i) by Sublandlord or (ii) by Subtenant, provided in the case of this subsection (ii) that such alterations, additions or improvements by Tenant, the same shall be have been made by Tenant, at Tenant's sole cost and expense, Subtenant in accordance with all applicable lawsthe terms of this Sublease. In addition, ordinances and regulationsSubtenant shall not be responsible for the restoration of the Premises to its condition existing as of the Commencement Date so long as any alterations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications additions or improvements made by Subtenant have been approved by Sublandlord and Master Landlord; and any contractor or person selected by Tenant . (c) Notwithstanding anything else herein to make the same and all subcontractors must first be approved in writing by Landlord. Tenant maycontrary, without should Master Landlord pursuant to 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 terms of the building Master Lease demand that Sublandlord or Subtenant remove any alterations, additions or improvements and without overloading made by Sublandlord or damaging such building Subtenant to the Subleased Premises (either prior to 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 Sublease) at the premises to their original condition by the date of termination of this lease or upon earlier vacating end of the premises; providedTerm pursuant to the terms and conditions outlined in the Master Lease, however, that if Landlord so elects prior to termination the cost of this lease or upon earlier vacating removal of the premises, such alterations, additions, additions or improvements will be split evenly between the Sublandlord and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesSubtenant.

Appears in 1 contract

Samples: Sublease Agreement (SolarWinds, Inc.)

Alterations. Tenant shall not In the event that Subtenant desires to make any alterations, additions or improvements to the premises (includingSublease Premises, but not limited toSubtenant shall concurrently provide to each of Sublandlord and Master Landlord, roof in accordance with the notice provisions herein, a description of the proposed alterations, additions or improvements, together with and wall penetrations) 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. Such consent 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 from time to time determine is appropriate. Sublandlord shall not unreasonably withhold, condition or delay its consent to any proposed alteration, addition or improvement. Notwithstanding the foregoing, it shall not be denied provided 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 are building standard office/warehouse finishestogether 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 Landlord consents to the making of that Subtenant makes any such alterations, additions or improvements by Tenantimprovements, Subtenant shall restore the same shall be made by TenantSublease Premises at the expiration or earlier termination of the Sublease Term to its condition existing as of the Sublease Commencement Date, at Tenant's sole cost reasonable wear and expensetear excepted, unless Master Landlord otherwise agrees 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 writing. If Master Landlord agrees in writing by Landlord. Tenant maythat any alterations, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building additions or improvements and without overloading installed by Subtenant may remain in the Sublease Premises upon the expiration 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 earlier termination of this lease Sublease, Sublandlord shall not have the right to require that Subtenant remove those alterations, additions or improvements upon the expiration or earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of Sublease. The parties acknowledge that Subtenant intends to perform certain alterations at the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination inception of this lease or upon earlier vacating of Sublease (the premises and shall be delivered up “Initial T.I’s”), as more fully set forth in Exhibit D hereto. Subject to Master Landlord’s consent to the Landlord with the premises. All shelvesInitial T.I.’s, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior Sublandlord consents to the termination of Initial T.I.’s. Master Landlord’s consent to the Initial T.I.’s is a condition precedent to this lease if Tenant so elects, Sublease being effective as between Sublandlord and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesSubtenant.

Appears in 1 contract

Samples: Sublease Agreement (Niku Corp)

Alterations. Tenant shall not make alterations and additions to Tenant’s Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises (including, without limitation, from common lobbies within the Building) shall be in Landlord’s reasonable discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s reasonable opinion will adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office/research/laboratory use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent, in Landlord’s reasonable judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord’s agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any such work. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour for time spent by Landlord’s in-house personnel, plus (ii) all reasonable third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal at the time of Landlord’s review and approval of the plans pursuant to the foregoing; provided that Landlord agrees that in no event shall Tenant be required to remove any standard office and laboratory alterations that in Landlord’s reasonable discretion would not require unusual and excessive cost to remove and restore the Premises to general office and laboratory use. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. Except with respect to purely cosmetic work, such as floor and wall coverings, Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to comply with Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to provide such rules and regulations relative to the performance of any alterations, additions, improvements and installations by Tenant hereunder and Tenant shall abide by all such reasonable rules and regulations of which Tenant has received advance written notice and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of any Real Estate Taxes on the Property which shall, at any time after commencement of the Term, be expressly addressed by the taxing authority upon any alteration, addition or improvement to the Premises made by Tenant. Tenant acknowledges and agrees that Landlord shall be the owner of any additions, alterations and improvements in the Premises or the Building to the extent paid for by Landlord. Notwithstanding the terms of Section 5.13, Tenant shall have the right, without obtaining the prior consent of Landlord but upon notice to Landlord given ten (10) days prior to the commencement of any work (which notice shall specify the nature of the work in reasonable detail), to make alterations, additions or improvements to the premises Premises where: (includinga) the same are within the interior of the Premises within the Building, but and do not limited toaffect the exterior of the Premises and the Building (including no signs on windows); (b) the same do not affect the roof, roof any structural element of the Building, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and wall penetrationsfire protection systems of the Building; (c) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making cost of any such alterationsindividual alteration, additions addition or improvements by Tenant, the same improvement shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlordnot exceed $400,000; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by and (d) Tenant shall be and remain comply with the property of Tenant during the term provisions of this lease Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premisesshall pay for any such increase in cost; provided, however, that if Tenant shall, within fifteen (15) days after the making of such changes, send to Landlord so elects plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given not more than fifteen (15) days after Tenant’s delivery of such plans and specifications, may require Tenant to restore the Premises to its condition prior to such alteration, addition or improvement at the expiration or earlier termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesLease Term.

Appears in 1 contract

Samples: Lease Agreement (TScan Therapeutics, Inc.)

Alterations. A. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term Term of this lease Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, to remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises Premises to their original condition by the date of termination of this lease Lease or upon earlier vacating of the premises; Premises, provided, however, that if Landlord so elects prior to termination of this lease Lease or upon earlier vacating of the premisesPremises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease Lease or upon earlier vacating of the premises Premises and shall be delivered up to the Landlord with the premisesPremises. 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 Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tearrepair any damage caused by such removal. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premisesPremises. (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 “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 any of said laws) in or about the Premises and associated with Xxxxxx’s use and occupancy thereof upon the expiration of earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement

Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; providedand Tenant shall, unless however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premises.

Appears in 1 contract

Samples: Lease Agreement (Comfort Systems Usa Inc)

Alterations. (a) Tenant shall not not, without Landlord's prior written consent, make any alterations, additions improvements, additions, or improvements Utility Installations (as hereinafter defined) in, on, or about the Premises, except for cosmetic changes, decorating changes, or non-structural alterations not exceeding $[***] in any one year per Building, or $[***] in cumulative cost per Building during the Term. The foregoing shall not be construed to limit or restrict Tenant's right to relocate, reinstall, and operate its machinery or equipment, or to comply with its obligations under this [***] Confidential portions of this document have been redacted and filed separately with the Commission. Lease, provided that such activities can be performed without causing structural alteration or structural damage to the premises (includingPremises. As used in this paragraph 6.2, but not limited tothe term "Utility Installation" means air lines, roof power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, and wall penetrations) plumbing. Landlord may require that Tenant remove any or all of said alterations, improvements, additions, or Utility Installations at the expiration of this Lease and restore the Premises to its prior condition. Should Tenant make any alterations, improvements, additions, or Utility Installations without the prior written consent of Landlord. Such Landlord when such consent will not be denied provided is required hereunder, Landlord may require that Tenant remove any or all of the same. (b) Tenant's ability to make alterations, improvements are building standard office/warehouse finishes. In the event Landlord consents , additions, or Utility Installations to the making of Premises is conditioned on (1) Tenant's acquiring from appropriate governmental agencies any permits which may be necessary to make such alterations, additions improvements, additions, or improvements by TenantUtility Installations, the same shall be made by Tenant, at (2) Tenant's sole cost furnishing of a copy of such permits to Landlord before beginning the work, and expense, (3) Tenant's compliance with all conditions of such permits in accordance with all the terms thereof and applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. law. (c) All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterationsimprovements, additions, improvements and partitions erected by Tenant and restore Utility Installations (whether or not such Utility Installations constitute trade fixtures of Tenant) which may be made on the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall Premises will become the property of Landlord as of and remain on and be surrendered with the date of Premises at the expiration or termination of this lease or upon earlier vacating Lease in accordance with the provisions of the premises paragraph 6.1(c). Tenants machinery and shall be delivered up equipment, other than that which is affixed to the Landlord with Premises so that it cannot be removed without causing material structural damage to the premises. All shelvesPremises, bins, machinery will remain Tenant's property and trade fixtures installed by Tenant may be removed by Tenant prior subject to the termination provisions of paragraph 6.1(c), provided that Tenant is not then in default under any provision of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesLease.

Appears in 1 contract

Samples: Commercial Net Lease (Bridgepoint Education Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event If Landlord consents to Tenant's contractors doing the making of any such alterationswork, additions or improvements by TenantLandlord may require, the same shall be made by Tenantat Landlord's sole option, that Tenant provide, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one half (1-1/2) times any and all estimated costs of improvements, additions or alterations in the Premises to insure Landlord against any liability or mechanic's and materialmen's liens which may arise in accordance with all applicable laws, ordinances Paragraph 23 of this Lease Agreement and regulations, and all requirements to insure completion of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlordwork. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such the building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements improvements, and partitions erected by Tenant and restore the premises Premises to their original condition by the date of termination of this lease Lease or upon earlier vacating of the premisesPremises; provided, however, that if Landlord so elects prior to termination of this lease Lease or upon earlier vacating of the premisesPremises, such alterations, additions, improvements improvements, and partitions shall become the property of Landlord as of the date of termination of this lease Lease or upon earlier vacating of the premises Premises and shall be delivered up to the Landlord with the premisesPremises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon . Upon any such removal removal, Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesPremises.

Appears in 1 contract

Samples: Lease Agreement (Industrial Data Systems Corp)

Alterations. Tenant No alterations, improvements or additions in or to the Premises may be made without Landlord's prior written consent, which shall not make any alterationsbe unreasonably withheld or delayed; provided, additions or improvements to the premises (includinghowever, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event that Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expensemay withhold its consent, in accordance with its sole discretion, to any alteration or addition that would affect the Building's historic tax credits, structure or appearance, or the Building's HVAC, plumbing, electrical, mechanical or life safety systems or that would be visible from outside of the Premises. Without limiting the foregoing, Landlord shall have the right designate and approve, prior to installation, all applicable lawstypes of signs, ordinances window shades, blinds, drapes, awnings, window ventilators and regulationsother similar equipment, and to control all requirements of Landlord's internal lighting 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 signs that may be visible from 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 exterior 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 requirementsBuilding. All alterations, additions, or improvements (whether temporary or permanent in character, and partitions erected including all air-conditioning equipment and all other equipment that is in any manner connected to the Building's plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property once installed or affixed to the Premises and shall remain on the Premises at the end of the Term (unless Landlord requires removal of same) without compensation to Tenant. All work performed by Tenant shall be and remain subject to the property provisions of Tenant during the term Section 12 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 Lease and shall be delivered up performed at Tenant’s sole cost. Notwithstanding the foregoing, Tenant shall have the right to install signage on the third floor windows in the Premises and the Premises doors. Tenant shall be included as part of the ground floor building directory and Landlord will provide directional signage to the Landlord with Premises off the premises3rd floor elevator. All shelvessignage must conform with NPS and SHPO historic restoration guidelines and all applicable state, binscounty and municipal codes, machinery rules and trade fixtures installed by regulations and subject to Landlord’s prior reasonable approval. Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by responsible for all cost and expenses associated with licensing, permitting, creating, installing, maintaining and removing the date of termination of signage outlined in this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisesSection 10.

Appears in 1 contract

Samples: Lease Agreement

Alterations. Tenant shall not make any alterations, additions or improvements to the premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner make such minor alterations, additions or improvements or erect, remove or alter such partitions, or erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case case, complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease. Upon the termination of this lease, the alterations, additions or improvements made to the premises prior to the commencement date shall be surrendered with the premises in the condition the same were in at the commencement of the term, subject to ordinary wear and tear and unrepaired casualty or condemnation damage. If Landlord consents to any future alterations, additions or improvements to the premises which are requested by Tenant, Landlord agrees in its consent to designate which, if any, of the same must be removed by Tenant upon the termination of this lease, and upon such termination Tenant shall be obligated to remove such designated alterations, additions or improvements and restore the affected area of the premises to the condition the same would have been in at the termination of the lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all has such alterations, additions, or improvements and partitions erected by not been made. Tenant and restore shall not be required to remove at the premises to their original condition by the date of termination of this lease any alterations, additions or upon earlier vacating of improvements which the premises; provided, however, that if Landlord did not designate for removal at the time Landlord approved the same for installation. If Landlord so elects prior to termination of this lease or upon earlier vacating of the premiseslease, such alterations, additions, improvements improvements, and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tearrepair any damage caused by such removal. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building buildings and other improvements situated on the premises.

Appears in 1 contract

Samples: Lease Agreement (Onix Systems Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, but not limited towithout limitation, the roof and wall penetrations) without the prior written consent of Landlord. Such If Landlord shall, consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable governmental laws, ordinances ordinances, rules and regulations, regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same same, or, at Landlord's option and all subcontractors must first discretion, the alterations, additions or improvements shall be approved in writing made by LandlordLandlord for tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building Building or improvements Development and without overloading the floor or damaging such building Building or improvementsDevelopment, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease Lease if Tenant so elects, and shall be removed by the date of termination of this lease Lease or upon earlier vacating of the premises Premises if required by Landlord; upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for normal wear and tearcondition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities quality of the building and other improvements situated on the premisesBuilding.

Appears in 1 contract

Samples: Lease Agreement (Manchester Equipment Co Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the premises Premises (including, including but not limited to, to roof and wall penetrations) without the prior written consent of Landlord. Such consent will , not to be denied provided the improvements are building standard office/warehouse finishesunreasonably withheld, conditioned or delayed. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all reasonable requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor , such consent not to be unreasonably withheld, conditioned or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlorddelayed. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises Premises to their original condition by the date of termination of this lease or upon earlier vacating of the premisesPremises, reasonable wear and tear excepted; provided, however, that if Landlord so elects in writing prior to termination of this lease or upon earlier vacating of the premisesPremises, such alterations, additions, improvements and partitions (but not Tenant's trade fixtures) shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises Premises and shall be delivered up to the Landlord with the premises. All Premises Notwithstanding the foregoing sentence, all shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises Premises if required by Landlord; upon . Upon any such removal Tenant shall restore the premises Premises to their original condition with consideration for condition, normal wear and teartear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premises.Premises. (See Additional Provisions, Section 8)

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com Inc)

Alterations. Tenant shall not make or suffer to be made any alterations, additions additions, changes or improvements in, on, or to the premises (including, but not limited to, roof and wall penetrations) Premises or any part thereof without the prior written consent of Landlord. Such consent will not be denied provided ; and any such alterations, additions, changes or improvements in, on, or to said Premises, except for Tenant's movable furniture and equipment shall immediately become Landlord's property and, at the improvements are building standard office/warehouse finishesend of the Term hereof, shall remain on the Premises without compensation to Tenant unless Tenant elects to remove same, in which event Tenant shall do so, and also restore the Premises to its pre-existing condition at Tenant's sole cost and expense. In the event Landlord consents to the making of any such alterations, additions additions, changes or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, expense in accordance with all applicable laws, ordinances statutes, ordinances, rules and regulations, regulations public and private and all requirements of Landlord's and Tenant's insurance policies policies, and only in accordance with plans and specifications approved by Landlord; and any Landlord (such approval not be unreasonably withheld, delayed or conditioned). Any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord or, at Landlord's opinion, the alteration, addition or improvement shall be made by Landlord for Tenant's account and Tenant shall reimburse Landlord for the cost thereof upon demand; provided, that should Landlord elect to perform for Tenant's account, the cost thereof to Tenant shall be competitive with any preferred estimate previously obtained by Tenant and provided to Landlord for such alteration, addition or improvements. Upon the expiration or sooner termination of the Term herein provided, Tenant may, without the consent of Landlord, but may opt to remove any improvements or alteration at its own Tenant's sole cost and expense and in a good workmanlike manner erect such shelves, bins, machinery Tenant shall forthwith and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental lawsdue diligence, ordinancesat its sole cost and expense, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant thereupon repair and restore the premises Premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the premisescondition.

Appears in 1 contract

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

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