Alterations. A. Tenant shall not make or cause to be made any alterations, additions, renovations, improvements or installations in or to the Leased Premises without Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord. B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IX.
Appears in 2 contracts
Samples: Office Lease Agreement (SI-BONE, Inc.), Office Lease Agreement (SI-BONE, Inc.)
Alterations. A. Tenant shall not make or cause to be made any no alterations, additions, renovations, additions or improvements or installations in or to the Leased Premises without Landlord’s prior consentwritten consent as provided herein and without a valid bulldlng permit issued by the appropriate governmental agency. To the extent that any alterations, which such additions or improvements to the Premises constitute “Major Alterations” (as defined below), Landlord may withhold its consent In Landlord’s sole and absolute discretion; otherwise, Landlord’s consent to any alterations, additions or Improvements to the Premises other than Major Alterations shall not be unreasonably withheld, unless conditioned or delayed. Notwithstanding the foregoing, Landlord reasonably determines that shall not unreasonably withhold, condition or delay its consent to the proposed Alterations could initial alterations, additions and improvements included in the Tenant Improvements contemplated under paragraph 2.3. As used herein, “Major Alterations” shall mean any alterations, additions or improvements (i) affect the exterior or common areas of which are visible from outside the Building or adversely affect the Building’s structure or safety; (including design and aesthetic changes), (ii) adversely affect in any respect which are structural In nature and/or (iii) to the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems exterior of the Building or the functioning thereof; roof of the Building. In furtherance of the foregoing, Landlord may only withhold its consent in Xxxxxxxx’s sole and absolute discretion to Xxxxxx’s proposed alterations to the heating, ventilation and/or air conditioning systems serving the Premises, the fire sprinkler, plumbing, electrical, mechanical and/or any other systems serving the Premises (iiicollectively, the “Building Systems”) be or become only to the extent such proposed alteration (1) are visible from outside the Building, and/or (2) adversely affects (in the reasonable discretion of Landlord) the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision roof, foundation or structural elements of services or utilities to other tenants in the Building; otherwise, in all other cases, Xxxxxxxx’s consent to any proposed alteration to the Building Systems shall not be unreasonably withheld, conditioned or delayed. Tenant shall notify Landlord in no event make writing at least fifteen (15) business days prior to commencement of any such work to enable Landlord to post any notice deemed proper before the commencement of such work. Any and ail such alterations, additions or permit improvements shall comply with all Applicable Laws including, without ilmitatlon, obtaining any required permits or other governmental approvals. Tenant shall cause its contractors and subcontractors to be made maintain insurance reasonably acceptable to Landlord. Upon termination of this Lease, any alterations, modificationadditions and Improvements (including without limitation all electrical, substitution or other change to the mechanical, electricallighting, plumbing, HVAC heating and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterationsair-conditioning equipment, additionsdoors, renovationswindows, improvements or installations partitions, drapery, carpeting, shelving, counters, and physically attached fixtures) made by Tenant, including the Tenant Improvements, shall at once become part of the really and belong to Landlord unless the terms of the applicable consent provide otherwise, or Landlord subsequently requests in writing to Tenant that part or all of such Tenant additions, alterations or improvements be removed; provided, however, that, such subsequent written request shall have the right be delivered to Tenant (but not the obligationa) in the event Tenant does not timely deliver any Option Notice (as defined below) to renew the Lease, no later than seventeen (17) months prior to the expiration of the then Lease Term (time being of the essence), or (b) in the event Tenant has exhausted all options to renew this Lease pursuant to Paragraph 25.1, no later than the date that is seventeen (17) months prior to the expiration of the then Lease Term (time being of the essence). In the event Tenant is required to remove part of all of such Tenant additions, alterations or improvements pursuant to the foregoing sentence, Tenant, at its sole discretion cost and expense, shall promptly remove the specified additions, alterations or improvements and shall fully repair and restore the relevant portion(s) of the Premises to manage or supervise such work and the condition in which Tenant shall pay is otherwise required to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with surrender the management or supervision of such work by LandlordPremises under Paragraph 18.1.
B. Notwithstanding anything contained in this Section 9.03, 6.5.1. Tenant shall have the right to make Permitted Cosmetic Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could improvements not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty exceeding One Hundred Thousand Dollars ($20,000.00100,000.00) in any twelve the aggregate without the consent of Landlord. As used herein, a “Cosmetic Alteration” means a cosmetic, decorative nonstructural alteration that (12i) month period; is limited to the interior of the Premises, (ii) does not affect the exterior (including the appearance) of the Building, and (viiii) require a permitis not structural. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for give Landlord written notice (including a detailed description) of any Cosmetic Alterations at least fifteen (15) business days’ prior to the commencement of construction thereof to allow Landlord to elect under this Paragraph 6.5 whether such Cosmetic Alterations in accordance with will be required to be removed upon the provisions expiration or earlier termination of this Article IXLease.
Appears in 2 contracts
Samples: Lease Agreement (Evotec SE), Lease Agreement (Evotec AG)
Alterations. A. Tenant shall not make or cause to be made any alterations, additionsimprovements, renovations, improvements or installations in or changes (collectively the “Changes”) of any kind to the Leased Premises without Landlord’s prior consentPremises, which other than (so long as (x) such consent shall Changes do not be unreasonably withheldrequire the issuance of permits, unless Landlord reasonably determines that do not impact the proposed Alterations could (i) affect the exterior or common areas structure of the Building (the “Building’s Structure”) or the heating, air conditioning and ventilating, mechanical, electrical and plumbing systems, controlled access system (if any), sprinkler system and fire/life safety system systems of the Building (the “Building’s Systems”) and (y) Tenant provides Landlord with reasonable advance notice of such Changes) (A) adding or changing furniture, equipment and other Tenant personal property within the Premises, (B) installing decorations within the Premises, and (C) cosmetic changes to the interior of the Premises such as repainting and recarpeting), without securing the prior written consent of Landlord, in the reasonable exercise of its discretion and in accordance with the procedure outlined below; however, Landlord may withhold its consent to any Changes that would (a) adversely affect (in the sole discretion of Landlord) the Building’s structure Structure or safety; the Building’s Systems (iiincluding restrooms or mechanical rooms), or (b) adversely affect (in any respect the electricalreasonable discretion of Landlord) (1) the provision of services to other occupants of the Property, plumbing(2) the exterior appearance of the Building, fire/life/safety or mechanical (including HVAC3) systems the appearance of the Property’s common areas or elevator lobby areas. All Changes, as well as the work described in the preceding sentence, shall be completed in a prompt and workmanlike manner, shall not materially alter or impair the character or use of the Building or the functioning thereof; (iii) Premises, and, only in the event that other tenants lease space in the Building from landlord, shall be or become visible from conducted by parties exercising commercially reasonably efforts to minimize disturbance to any other tenants in the exterior Building during Normal Business Hours. In making any permitted Changes as well as in its use of the Leased Premises, Tenant shall, at its sole expense, fully comply with the declarations and restrictions that apply to the Property, all applicable federal, state, and local laws, ordinances, and regulations (including the acquisition of permits and the payment of fees), as well as any requirements imposed by Landlord’s insurer of which Tenant has notice and Tenant shall save Landlord harmless for and on account of all charges and damages incurred by Landlord as a result of any such Changes made by or on behalf of Tenant. Tenant shall, at its sole expense, promptly comply with any notice from any federal, state, or local authorities, relating to the Premises or the Building; , which is served upon it or (iv) interfere with the operation upon Landlord, where caused either by Tenant’s use of the Building Premises or the provision of services or utilities to other tenants in the Buildingby any Changes made by Tenant. Tenant shall in no event make discharge or permit to be bond off any liens arising from any Changes made any alterations, modification, substitution or other change work done within the Premises by Tenant or under a contract to the mechanical, electrical, plumbing, HVAC and sprinkler systems which Tenant is a party within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right thirty (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (2030) days prior written of Tenant’s notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning filing thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IX.
Appears in 2 contracts
Samples: Office Lease (Ncino, Inc.), Office Lease (Ncino, Inc.)
Alterations. A. Tenant shall not make or cause to be made any alterations, additions, renovations, improvements or installations in or to the Leased Premises without Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC 4.1 The full free right and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) liberty on giving 7 days prior written notice to enter upon the Premises to build on or into any dividing boundary or party walls or fences upon the Premises subject to all damage thereby occasioned being made good with all convenient speed by the person or persons exercising such right.
4.2 The full, free right and liberty to execute work and repairs and to make erections upon or to erect, rebuild or alter the Estate, the Building (the “Permitted Alterations Notice”), which notice shall contain a description exclusive of the Permitted Alterations proposed to be undertaken by Tenant Premises) and state adjoining buildings and the erection of scaffolding notwithstanding that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas execution of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) said works and repairs may temporarily interfere with the operation occupation, use, amenity or enjoyment of the Premises and subject to any damage thereby occasioned made good at all convenient speed.
4.3 The full, free right and liberty to the Landlord at all reasonable times to enter upon the Premises to view the state and condition of and to repair and maintain the Building and nearby premises if the works required to be done upon same cannot otherwise be carried out in a reasonably practicable manner, acknowledging that the access of light and air enjoyed by the Premises or any part thereof may thereby be interfered with; and subject to any damage thereby occasioned to the provision Premises being made good at all convenient speed by the person exercising such rights.
4.4 To the Landlord and the Vendor the full, free right and liberty to build upon or under, alter or develop or use in any manner (including the erection of services or utilities to other tenants in scaffolding upon the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) the Estate excluding the Premises and to authorise any present or future owner or occupier of the Estate to demolish., build or rebuild, alter or develop the buildings thereon or use the same in any twelve manner provided same does not materially affect the Tenant’s use and enjoyment of the Premises and business carried on therein.
4.5 The full, free right and liberty after due notice (12) month period; and (vi) require a permit. In if the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply fail to comply with any of the covenants on the Tenant’s part relating to the repair, maintenance, upkeep, or layout of the Premises) to enter the Premises for Landlord’s consent for the purpose of carrying out such Alterations works as are necessary to ensure that such covenants are complied with in accordance with the provisions of this Article IXfull.
Appears in 2 contracts
Samples: Lease Agreement (Globoforce LTD), Lease Agreement (Globoforce LTD)
Alterations. A. Tenant Lessee shall not make or cause to be made any alterations, additions, renovations, improvements or installations in or alterations to the Leased Premises without Landlord’s the prior consent, written consent of the City which such consent shall not be unreasonably withheld, . City shall be deemed to have reasonably withheld or withdrawn consent unless Landlord reasonably determines that the each and every proposed Alterations could alteration (i) shall not, individually or in the aggregate, lessen the fair market value of the Premises or materially affect the exterior or common areas usefulness of the Building Premises, either for Lessee’s business or adversely affect the Building’s structure or safety; business of potential successor tenants, (ii) adversely affect in be accompanied by all final plans and specifications with any respect the electricaldeviation therefrom constituting a separate alteration subject to this Section 10, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from constructed by a California licensed contractor and under the exterior direction of a California licensed architect satisfactory to the Leased Premises or the Building; or City, and (iv) interfere once consented to by the City, shall be completed expeditiously in a good and workmanlike manner, with the operation of the Building or the provision of services or utilities to other tenants first class quality materials, and in the Building. Tenant shall in no event make or permit to be made any alterationscompliance with all applicable legal and insurance requirements, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) shall be constructed in any twelve (12) month period; strict compliance with the additional conditions set forth in Section 10.4 hereof, and (vi) require shall become a permit“Lessee Improvement” and part of the Premises and subject to this Lease, provided, at the City’s option, Lessee shall remove any such alteration and restore the Premises to their condition prior to the making of same, normal wear and tear excepted, upon the expiration or earlier termination of the term hereof. In the event that, within ten (10) The City shall exercise its option by 30 days’ notice given no later than 30 days after receiving such expiration or termination and, if Lessee has not so removed and restored within 30 days after the Permitted Alterations NoticeCity gives said notice, Landlord determines, in its Lessee shall pay the City upon demand the reasonable discretion, that rental value of the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance Premises during the period beginning with the provisions date immediately following said 30 days after the City gives its notice and ending with the date upon which the removal and restoration is completed and the City may, but shall not be obligated to, remove such alteration and restore the Premises and Xxxxxx also shall pay the City its cost of this Article IXsame upon demand.
Appears in 2 contracts
Samples: Commercial Property Lease Agreement, Commercial Property Lease Agreement
Alterations. A. Tenant shall not make or cause nor permit to be made any alterations, additions, renovationsimprovements, improvements or installations in to or to of the Leased Premises or any part thereof, except moveable furniture and trade fixtures, without the prior written consent of Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03herein to the contrary, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in any alterations to the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”)'s consent, which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations do not exceed $10,000.00 in the Leased Premises that could cost, do not (i) affect the exterior or common areas of the Building or the structure or safety of Impact the Building; (ii) affect the electrical's systems or structure, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become are not visible from the exterior of the Leased Premises Premises, and are of a cosmetic nature such as painting, wallpapering, hanging pictures, or Building; (iv) interfere with the operation installation of furniture. Any alterations, additions, improvements, or installations to or of the Building Premises, except moveable furniture and trade fixtures, shall be completed in compliance with all laws and ordinances, including, without limitation, the ADA, and all rules and regulations of all governmental authorities having jurisdiction of or over the provision Premises. All such alterations, additions, improvements and installations shall at once become a part of services or utilities the realty and belong to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permitLandlord. In the event thatLandlord consents to alterations, within additions, improvements, or installations pursuant to this Article, the same shall be made by Tenant at Tenant's sole cost and expense, and selection by Tenant of any person or entity to construct or install the same shall be subject to the prior written consent of Landlord, which consent may be conditioned upon (1) Tenant providing Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of all of such alterations, additions, improvements or Installations and (2) acquisition by Tenant of all permits needed to authorize such alterations, additions, improvements or installations from the appropriate governmental agencies, furnishing a copy thereof to Landlord at least ten (10) days after receiving prior to the Permitted Alterations Noticecommencement of such work and complying with all of the conditions of such permits in a prompt manner. It shall be a material breach hereof for Tenant to make any alterations, additions, improvements or installations without the prior consent of Landlord, and in addition to any other remedies Landlord may have, Landlord determinesmay require that Tenant remove any or all of the same within thirty (30) days of receipt by Tenant of a notice demanding such removal. Upon the expiration or sooner termination of the Term hereof and upon demand by Landlord, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant at Tenant's sole cost and expense, shall apply for Landlord’s consent for forthwith and with all due diligence remove any such Alterations in accordance with alterations, additions, improvements, or installations designated by Landlord to be removed and repair any damage to the provisions of this Article IXPremises caused by such removal.
Appears in 2 contracts
Samples: Lease Agreement (Cygnet Financial Corp), Lease Agreement (Cygnet Financial Corp)
Alterations. A. Except as set forth on Exhibit “C” attached hereto, Tenant shall not without first obtaining Landlord’s written approval: (a) make or cause to be made any alterations, additions, renovationsor improvements (collectively, improvements “Alterations”); (b) install or installations in cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, shades or awnings; or (c) make any other changes to the Leased Premises without first obtaining Landlord’s prior consentwritten approval. The foregoing notwithstanding, which if the proposed Alteration is, in Landlord’s judgment, (a) likely to affect the structure of the Building or the electrical, plumbing, life safety or HVAC systems or otherwise adversely impacts the value of the Building, (b) does not comply with applicable laws, (c) affects the exterior of the Leased Premises, (d) violates any existing covenants, conditions or restrictions affecting the Property or violates Landlord’s loan documents, or (e) would unreasonably interfere with the normal business operations of other tenants in the Building, if any, such consent may be withheld at the sole and absolute discretion of Landlord; except for the foregoing, Landlord’s approval shall not be unreasonably withheld, unless conditioned or delayed. Tenant shall present to Landlord reasonably determines that plans and specifications for such work at the proposed time approval is sought. In the event Landlord consents to the making of any Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of to the Leased Premises or by Tenant, the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant same shall in no event make or permit to be made by Tenant at Tenant’s sole cost and expense. All such work shall be done only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld. All such work with respect to any alterationsAlterations shall be done in a good and workmanlike manner and diligently prosecuted to completion such that, modificationexcept as absolutely necessary during the course of such work, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased PremisesPremises shall at all times be a complete operating unit. If Landlord consents to Any such Alterations shall be performed and done strictly in accordance with all laws and ordinances relating thereto. In performing the work or any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03changes, Tenant shall have the right same performed in such a manner as not to make Permitted obstruct access to any portion of the Building. Any Alterations (hereinafter defined) in to or of the Leased Premises, without Landlord’s consent (including, but with twenty (20) days prior written notice (the “Permitted Alterations Notice”)not limited to, which notice wallcovering, paneling, and built‑in cabinet work, but excepting movable furniture and equipment, shall contain at once become a description part of the Permitted Alterations proposed to realty and shall be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in surrendered with the Leased Premises that could not unless Landlord otherwise elects at the time permission is granted to Tenant to install such items. Notwithstanding anything herein to the contrary, with respect to any non-structural alteration which (i) does not affect the exterior any Building system or common areas any portion of the Building or outside the structure or safety of the Building; Leased Premises and (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) does not cost more than Twenty Thousand Dollars ($20,000.00) 25,000 in any the aggregate in a twelve (12) month period; and (vi) require a permit. In , the event thatconsent of Landlord will not be required, within ten (10) provided Landlord receives at least 10 days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXadvance notice thereof.
Appears in 2 contracts
Samples: Lease Agreement (Healthequity Inc), Lease Agreement (Healthequity Inc)
Alterations. A. Tenant shall not make or cause to be made any alterations, additions, renovations, improvements or installations in or to the Leased Premises without Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any material alterations, modification, substitution changes or other change additions in or to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision Premises without prior written consent of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without ; it being understood that Landlord’s consent shall not be required for any alterations, changes or improvements that satisfies all of the following criteria (but with twenty (20) days prior written notice (the a “Permitted Alterations NoticeAlteration”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not ): (i) affect the exterior or common areas of the Building or the structure or safety of the Buildingwill not cost more than Twenty Five Thousand Dollars ($25,000.00) in any year; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become is not visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month periodBuildings; and (viiii) require a permitit will not affect the structural elements of the Buildings or the systems serving the Building. In Such consent shall not be unreasonably withheld. Any such approved changes or additions shall be done either by or under the event that, within ten (10) days after receiving direction of Landlord at the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterationscost of Tenant, and excepting any trade fixtures shall become immediately the property of Landlord, and shall remain upon and be surrendered with the Premises upon expiration or earlier termination of the Term of this Lease. Any movable furniture remaining on the Premises at the end of the Term hereof shall be removed by Tenant or if not so notifies Tenantremoved, shall, at the option of Landlord, become the property of Landlord, and may be sold or retained by Landlord without duty to pay Tenant any amount or account to Tenant for the proceeds of any sale. Tenant hereby waives the provisions of Civil Code 1980-1991 at they may apply to any disposition of any personal property remaining at the Premises after a default and agrees that (a) this Lease shall apply for Landlord’s consent for be a xxxx of sale with respect to any personal property remaining on the Premises and (b) sale or other disposition of such Alterations personal property conducted in accordance with this Lease shall be an accepted method of disposing of such personal property in lieu of the provisions method provided by Sections 1980-1991 of this Article IXthe Civil Code.
Appears in 2 contracts
Samples: Lease (Marrone Bio Innovations Inc), Lease (Marrone Bio Innovations Inc)
Alterations. A. Except as set forth on Exhibit “C” attached hereto, Tenant shall not without first obtaining Landlord’s written approval: (a) make or cause to be made any alterations, additions, renovationsor improvements to the Leased Premises (collectively, improvements “Alterations”) (b) install or installations in cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, shades or awnings; or (c) make any other Alterations to the Leased Premises without first obtaining Landlord’s prior written approval. Tenant may, without Landlord’s consent, make interior non-structural Alterations which do not affect the mechanical, electrical, plumbing or life safety systems of the Building so long as the cost of all such Alterations in a twelve (12) month period do not exceed $10,000. The foregoing notwithstanding, if the proposed Alterations are, in Landlord’s judgment, likely to affect the structure of the Building or the electrical, plumbing, life safety or HVAC systems or otherwise adversely impact the value of the Building, such consent may be withheld at the sole and absolute discretion of Landlord; except for the foregoing, Landlord’s approval shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay present to Landlord a reasonable fee to reimburse Landlord plans and specifications for overhead and administrative costs and expenses incurred in connection with all Alterations at the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permittime approval is sought. In the event that, within ten (10) days after receiving Landlord consents to the Permitted making of any Alterations Notice, Landlord determines, in its reasonable discretion, that to the proposed Alterations are not Permitted Alterations, and so notifies Leased Premises by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense. All such work shall apply for be done only by contractors or mechanics approved by Landlord’s consent for , which approval shall not be unreasonably withheld. All such work with respect to any Alterations shall be done lien free and in accordance with the provisions of this Article IX.a good and workmanlike manner and diligently
Appears in 2 contracts
Samples: Lease Agreement (Weave Communications, Inc.), Lease Agreement (Weave Communications, Inc.)
Alterations. A. 3.1 Tenant shall not make or cause to be made perform or permit the making or performance of, any alterations, additionsinstallations, renovationsimprovements, improvements additions or installations other physical changes in or to about the Leased Premises (hereinafter collectively called, the “Alterations”) without Landlord’s prior written consent, provided, however, that Landlord’s consent shall not be required for Alterations consisting only of painting, installing or removing wall covering or carpeting and which are solely of a cosmetic or decorative nature (“Decorative Alterations”) so long as such Decorative Alterations are not visible from the exterior of the Building and provided Tenant shall notify Landlord in writing of the nature of such Decorative Alteration and the contractors to be performing the same at least thirty (30) days prior to commencement and perform such Decorative Alteration in accordance with all other provisions of this Article 3. Landlord’s consent to Alterations may be withheld for any reason or for no reason, provided, however, that with respect to non-structural Alterations which do not require electrical, plumbing or HVAC work and which do not affect any other Building systems or space outside of the Premises (“Non-Structural Alterations”), Landlord’s consent shall not be unreasonably withheld.
3.2 All Alterations shall be done in compliance with all applicable laws, unless regulations and codes, at Tenant’s sole cost and expense and at such times and in such manner as Landlord may from time to time reasonably determines that the proposed designate, All Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations installed by Tenant, or at Tenant’s expense, upon or in the Premises which are of a permanent nature and which cannot be removed without damage to the Premises or Building shall become and be the property of Landlord, and shall remain upon and be surrendered with the Premises as a part thereof at the end of the Term of this Lease, except that Landlord shall have the right and privilege at the time Landlord grants its consent to any Alteration to designate such Alteration (but not Decorative Alterations and Non-Structural Alterations) as a “Specialty Alteration”, which shall be removed by Tenant at the obligation) end of the Term and, in the event of service of such notice, Tenant will, at Tenant’s own cost and expense, remove the same in accordance with such request, and restore the Premises to its sole discretion to manage or supervise such work original condition, ordinary wear and tear and casualty excepted; provided however that, Tenant shall pay not be required to remove any Decorative Alterations or Non-Structural Alterations installed in accordance with the terms of this Lease. All furniture, furnishings and movable fixtures and partitions installed by Tenant and all Alterations in and to the Premises which may be made by Tenant at its own cost and expense prior to and during the Term, or any renewal thereof, shall remain the property of Tenant and upon the Expiration Date or earlier end of the Term or any renewal thereof, shall be removed from the Premises by Tenant, provided, however, that Tenant shall repair any damage to the Premises or the Building caused by such removal to Landlord’s reasonable satisfaction. For the purposes of this Section 3.2, “Specialty Alterations” shall mean any Alterations that would be unusually difficult or expensive to remove or which are not typical for office use. Tenant shall not be required to remove any Alteration other than Specialty Alterations designated by Landlord as such at the time of granting its consent.
3.3 Prior to making any Alterations Tenant (i) shall submit to Landlord detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing and structural drawings) for each proposed Alteration and shall not commence any such Alteration (other than a reasonable fee Decorative Alteration not requiring Landlord’s consent) without first obtaining Landlord’s written approval of such plans and specifications, which shall not be unreasonably withheld and if not provided within fifteen (15) business days of Tenant’s request, such written approval shall be deemed given, provided, however, that Tenant’s notice requesting Landlord’s approval and the first page of Tenant’s plans shall contain a legend stating in bold capital letters “FAILURE TO RESPOND TO THIS NOTICE WITHIN FIFTEEN (15) BUSINESS DAYS WILL RESULT IN LANDLORD’S CONSENT BEING DEEMED GIVEN” (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and furnish copies of the same to Landlord, and (iii) shall furnish to Landlord duplicate original policies of worker’s compensation (covering all persons to be employed by Tenant, and Tenant’s contractors and subcontractors in connection with such Alteration), commercial general liability insurance (including property damage coverage, completed operations/product liability), and builder’s risk insurance (issued on a completed value basis), all in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. In addition, Tenant agrees to reimburse Landlord for overhead and administrative costs and Landlord’s reasonable out-of-pocket third-party expenses (including expenses of Landlord’s agent) incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20or Landlord’s agents) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description review of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) business days after receiving of receipt of an invoice. Before commencing any work on the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies TenantAlteration, Tenant shall apply furnish to Landlord such bonds for payment and completion or such other security for completion thereof and payment therefor as Landlord shall require and in such form as is satisfactory to Landlord and in an amount which shall be one hundred twenty (120%) percent of Landlord’s consent estimate of the cost of performing such work, provided, however, that for any Alteration that is reasonably estimated to cost less than $2,000,000, in lieu of such security, Tenant may furnish Landlord with evidence, reasonably satisfactory to Landlord, that Tenant possesses adequate capital to finance the Alteration in question. Upon completion of such Alteration, Tenant, at Tenant’s expense, shall obtain certificates of final approval of such Alteration required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof, together with copies of “as-built” plans for such Alteration.
3.4 Prior to commencing any Alteration (including a Decorative Alteration), Tenant shall submit to Landlord for its approval (which shall not be unreasonably withheld or delayed) a list of the contractors and subcontractors (categorized by trade) which Tenant proposes to use or from which Tenant proposes to solicit bids in connection therewith. Tenant shall not commence any Alteration until Landlord has approved of Tenant’s proposed contractors or subcontractors, which shall not be unreasonably withheld, conditioned or delayed, provided within fifteen (15) business days of Tenant’s request, such written approval shall be deemed given, provided, however, that Tenant’s notice requesting Landlord’s approval shall contain a legend stating in bold capital letters “FAILURE TO RESPOND TO THIS NOTICE WITHIN FIFTEEN (15) BUSINESS DAYS WILL RESULT IN LANDLORD’S CONSENT BEING DEEMED GIVEN”. If, prior to or after commencement of any Alteration, there is a change in the contractors or subcontractors, Tenant shall submit a new or supplemental list and the foregoing provisions shall be applicable thereto. Notwithstanding anything to the contrary contained herein, connections to, and disconnections from, the Building’s fire safety system, the Building’s sprinkler, and the Building’s condenser or chilled water system shall be performed, in each case, solely at Tenant’s expense, and only by contractors charging commercially reasonable rates designated by Landlord. All Alterations shall be made and performed in accordance with the provisions Rules and Regulations (hereinafter defined); all materials and equipment to be incorporated in the Premises as a result of this Article IXall Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. Any mechanic’s lien filed against the Premises, or the Real Property, for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be discharged by Tenant within ten (10) business days thereafter, at Tenant’s expense, by payment or filing the bond required by law. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic’s or other lien for any such labor or materials shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises, and Tenant agrees to so notify any contractor performing work in the Premises. Tenant shall not, at any time prior to or during the Term, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the Premises, whether in connection with any Alteration or otherwise, if, in Landlord’s sole discretion, such employment will interfere or cause any conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Building by Landlord, Tenant or others. In the event of any such interference or conflict or if any union establishes a picket line with respect to such employment, and Tenant does not, within 24 hours and without expense to Landlord, obtain an order from a court or governmental agency enjoining such picketing, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Building immediately.
3.5 All Alterations performed by Tenant in and to the Premises shall be done in a fashion such that the Premises and the Building shall be in compliance with the requirements of Local Law 5 of 1973 of The City of New York, as heretofore and hereafter amended (“Local Law 5 Laws”). The foregoing shall include, without limitation, (i) compliance with the compartmentalization requirements of Local Law 5, (ii) relocation of existing fire detection devices, alarm signals and/or communication devices necessitated by such Alterations and (iii) installation of such additional fire control or detection devices as may be required by applicable governmental or quasi-governmental rules, regulations or requirements (including, without limitation, any requirements of the New York Board of Fire Underwriters) as a result of. Tenant’s manner of use of the Premises or the Alterations. Landlord shall not be responsible for any damages to Tenant’s fire control or detection devices nor shall Landlord have any responsibility for the maintenance or replacement thereof. Tenant shall submit to Landlord for Landlord’s approval all design specifications and requirements prepared in connection with Tenant’s installation of said fire control or detection devices. Notwithstanding the foregoing, Landlord will determine what modifications, if any, to the base building fire alarm system will be required as a result of Tenant’s fire control system and peripheral devices. Such modifications shall be performed by Landlord at Tenant’s sole cost and expense. All such fire control devices shall be manufactured by a company designated by Landlord. In the event a local panel is required to be installed in the Premises in accordance with the foregoing provisions, such local panel shall be a type designated by Landlord.
Appears in 2 contracts
Samples: Lease Agreement (Panacea Acquisition Corp), Lease Agreement (Panacea Acquisition Corp)
Alterations. A. Tenant shall not make any Alterations (as defined in Section 9.e. below) in, to or cause to be made any alterations, additions, renovations, improvements or installations in or to upon the Leased Premises without Landlord’s the prior consentwritten consent of Landlord in each instance, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the withheld with respect to proposed Alterations could which (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; are not structural in nature, (ii) adversely do not affect the Base Building Components, (iii) are, in any respect Landlord's opinion, compatible with the electricalBuilding in which the applicable portion of the Premises is located and the balance of the Property, and the Building's mechanical, plumbing, fireelectrical, heating/lifeventilation/air conditioning, communication, security and fire and other life safety or mechanical systems (including HVACcollectively, the "Building Systems"), and (iv) systems in Landlord's opinion will not interfere with the use and occupancy of any other portion of the Building or the functioning Property by any other tenant or permitted occupant thereof. Tenant shall give Landlord not less than ten (10) days' prior written notice of any Alterations Tenant desires to make. Any Alterations as to which Landlord shall consent shall be made only by contractors approved in advance, in writing by Landlord, which approval shall not be unreasonably withheld; (iii) be provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform any work relating to or become visible from affecting the exterior of the Leased Premises Building Systems or the Building; or Base Building Components. Tenant shall comply with all Legal Requirements applicable to each Alteration and, except as to Cosmetic Alterations (ivas defined below) interfere with shall deliver to Landlord a complete set of "as built" plans and specifications for each Alteration. Any work to the operation balance of the Building or the provision of services Property (required by Legal Requirements or utilities otherwise) related to other tenants in the Buildingor affected or triggered by Tenantis Alterations shall be performed by Tenant at Tenantis expense (or, at Landlordis election, Landlord may perform such work at Tenantis expense). Tenant shall in no event make or permit to be solely responsible for maintenance and repair of all Alterations made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and . Tenant shall pay Landlord on demand (whether prior to or during the course of construction ) an amount (the "Alterations Fee") equal to [...***...] of the total cost of each Alteration (and for purposes of calculating the Alterations Fee, such cost shall include architectural and engineering fees, but shall not include permit fees) up to a total cost of $[...***...], and [...***...] of such total cost over $[...***...], as compensation to Landlord a reasonable fee to reimburse for miscellaneous costs incurred by Landlord for overhead and administrative costs and expenses incurred in connection with the management Alteration; provided, however, that no Alterations Fee shall be payable for Cosmetic Alterations or supervision of such work the Tenant Improvements. In addition, except as to Cosmetic Alterations, Tenant shall reimburse Landlord for all reasonable third party fees paid by Landlord in connection with reviewing the proposed Alterations (whether or not the proposed Alterations are ultimately approved by Landlord or made by Tenant), including, without limitation, Landlord's architectural and engineering fees. All Alterations shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord.
B. , and shall comply with all Legal Requirements and Landlord's construction procedures and requirements for the Building (including Landlord's requirements relating to insurance and contractor qualifications and scheduling of the work). Notwithstanding anything contained in this Section 9.03the foregoing, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premisesright, without Landlord’s consent 's consent, to make any Alteration to the Premises, provided that the Alteration (but with twenty a) is decorative in nature (20) days prior written notice (the “Permitted Alterations Notice”such as paint, carpet or other wall or floor finishes, partitions or other such work), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could (b) does not (i) affect the exterior or common areas of the Base Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IX.------------------- * Confidential Treatment Requested
Appears in 1 contract
Alterations. A. (a) Tenant may make or suffer to be made any non-structural alterations, additions or improvements in, on or to the Premises or any part thereof ("ALTERATIONS"), provided Tenant shall not make any Alterations which would (i) reduce by more than $250,000 (as determined with respect to each Alterations project) the fair market value of the Premises (determined without regard to the existence of this Lease), (ii) create a hazardous or cause illegal condition or violate any Legal Requirements, (iii) change the intended use of the Premises from the use permitted under Paragraph 3, (iv) increase the risk of a violation of any Environmental Law or otherwise increase any environmental risk to the Premises, (v) result in the rescinding or adverse modification of any waiver or stand-still agreement as to environmental compliance matters, zoning or any other Legal Requirements granted by any Governmental Authority, without, in each such case, submitting a written request for and obtaining the prior written consent of Landlord, which consent may be made withheld in Landlord's absolute discretion (Alterations described in any alterationsone or more of the foregoing clauses (i) - (v) being referred to as "RESTRICTED ALTERATIONS"). Redecoration of the interior of the Premises, additionssuch as painting, renovationswallpapering, improvements replacement of light fixtures or installations floor covering, and installation or deinstallation of artworks shall not constitute Alterations for purposes of this Lease. Moreover, Tenant shall not be required to obtain the prior written consent of Landlord as to non-structural alterations consisting solely of the reconfiguration of offices, workstations, support spaces and common areas in the Premises which are not Restricted Alterations ("PERMITTED OFFICE RECONFIGURATIONS"). Without limitation of Landlord's right to withhold its consent to Restricted Alterations, (A) Landlord may withhold its consent if an Event of Default then exists and (B) any consent to the making of Restricted Alterations may be conditioned on the requirement that Tenant remove any such Restricted Alterations at the end of the Term (as it may be extended) and put the Premises back into its former condition, and repair any damage to the Premises caused thereby. In the event that the projected cost of any proposed Alterations (exclusive of Permitted Office Reconfigurations) exceeds $10,000,000, (i) Tenant shall not commence the work until and unless Landlord shall have approved plans and specifications for such Alterations, which approval shall not be unreasonably withheld or delayed, and (ii) upon Landlord's written request, Tenant shall submit the written opinion of an MAI appraiser reasonably acceptable to Landlord (or other evidence reasonably acceptable to Landlord) that the proposed Alterations shall not reduce the fair market value of the Premises (determined without regard to the existence of this Lease) by more than $250,000. In the event Tenant makes any changes in or to any mechanical component of the Leased Premises (for example, a portion of the HVAC system), Tenant shall install mechanical equipment of equal or greater quality, functionality and utility. Notwithstanding anything in this Lease to the contrary, without Landlord’s 's prior consent, written consent (which such consent shall not be unreasonably withheld, unless Landlord reasonably determines delayed or conditioned), no Alterations shall be made to the Premises that the proposed Alterations could consist of (i) affect the exterior construction of any new or common areas additional buildings or major structures or material additions to or expansions of the Building or adversely affect the Building’s structure or safety; any existing Improvements, (ii) adversely affect in the demolition of any respect the electricalImprovements or any material portions thereof, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior material modification of any structural components of the Leased Premises or the Building; or Improvements.
(ivb) interfere All Alterations shall be constructed in a good and workmanlike manner in compliance with the operation of the Building or the provision of services or utilities to other tenants in the Buildingall Legal Requirements. Tenant shall satisfy the following conditions in no event make or permit to be made any alterationsconnection with all Alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right including Permitted Office Reconfigurations:
(but not the obligation1) in its sole discretion to manage or supervise such work and Tenant shall pay or cause to be paid the entire cost of such Alterations;
(2) Tenant shall take all necessary steps to prevent the imposition of liens against the Premises as a result of such Alterations;
(3) Tenant shall obtain and pay for all building, occupancy and other required permits and shall comply with all applicable Legal Requirements and deliver copies of all such permits to Landlord as soon as reasonably possible following issuance thereof;
(4) Tenant shall cause the construction of Alterations, once commenced, to be diligently pursued to completion;
(5) If the Alterations include any changes or new matter which would be shown on an updated ALTA/ACSM Class A Urban survey of the Premises (including Table A and other items customarily required by institutional lenders), then Tenant shall obtain and submit to Landlord, promptly following substantial completion of the Alterations, a reasonable fee revised ALTA/ACSM Class A Urban survey of the Premises certified, and in a form reasonably satisfactory, to reimburse Landlord;
(6) Except for Permitted Office Reconfigurations, Tenant shall provide Landlord with plans and any change orders for overhead all Alterations as soon as reasonably possible following substantial completion of the Alterations; and
(7) If the Alterations, together with any other related Alterations or series of related Alterations are reasonably expected to cost in excess of $10,000,000 in the aggregate, Tenant shall provide to Landlord (i) a construction budget showing all "hard" and administrative "soft" costs and expenses to be incurred in connection with all such Alterations, plus a reasonable contingency, and (ii) a proposed schedule of construction for the management or supervision of such work by LandlordAlterations.
B. (c) Notwithstanding anything contained to the contrary stated in this Section 9.03Paragraph 11, in the event Tenant is required to make Alterations to the Premises in order to comply with any Legal Requirements, Tenant shall have (to the right maximum extent reasonably possible in compliance with all Legal Requirements) satisfy the conditions specified in clauses (1) through (7) of this Paragraph 11 with respect to such Alterations and make or cause to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect manner which will have the exterior or common areas least negative impact on the market value of the Building or the structure or safety Premises.
(d) Except as Landlord and Tenant otherwise agree in writing, all Alterations other than Severable Additions shall at once become a part of the Building; realty and belong to Landlord. Severable Additions, movable furniture, furnishings, decorations, art work, trade fixtures and other personal property of Tenant and its sublessees may be removed from the Premises upon or at any time prior to the expiration or earlier termination of this Lease, provided that Tenant shall repair any damage to the Premises resulting from such removal. For purposes of this Lease, the term "SEVERABLE ADDITIONS" shall mean all additions to the Premises prior to or during the Term which (ii1) affect are readily removable without causing more than de minimus damage to the electricalPremises, plumbing(2) will not reduce the value, fire/life/safety useful life or mechanical systems utility of the Building or the functioning thereof; Premises if removed, (iii3) be or become visible from the exterior are not required for lawful occupancy of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; Premises, and (vi4) require a permit. In have been paid for by Tenant after the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions date of this Article IXLease. The obligations of Tenant under this Paragraph 11 shall survive expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Radioshack Corp)
Alterations. A. Tenant shall not make or cause to be made any alterations, additions, renovations, improvements or installations in or Landlord agrees that subject to the Leased Premises without Landlord’s prior consentconditions hereinafter set forth, which such consent shall not be unreasonably withheldTenant may, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electricalat its cost, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterationssuch changes, modificationreplacements, substitution or other change alterations and additions to the mechanical, electrical, plumbing, HVAC Premises and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, buildings and improvements or installations by Tenant, Landlord shall have thereon as Tenant may deem advisable (the right (“Alterations”) which may include but not be limited to: (i) altering or remodeling any building, or improvements on the obligationPremises; or (ii) constructing additions to the improvements and buildings on the Premises, with such additions being located as Tenant deems advisable. Notwithstanding the foregoing, Tenant may only make Alterations if (a) upon completion of the Alterations, the market value of the Premises and the building and improvements thereon shall not be less than immediately prior to the making of such Alterations; (b) the Alterations shall be performed in its sole discretion to manage or supervise a good and workmanlike manner; and (c) the Alternations shall be expeditiously completed in compliance with all laws, ordinances, orders, rules, regulations and requirements applicable thereto. No Alterations shall be made without Landlord’s prior written consent, which shall not be unreasonably withheld. Before such work and consent is given, the Tenant shall pay must provide to Landlord a reasonable fee copy of any and all plans and specifications pertaining to reimburse Landlord for overhead the Alterations and administrative costs copies of any and expenses incurred in connection with all construction agreements. Alterations shall, upon the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03completion thereof, Tenant shall have the right be deemed to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain be a description part of the Permitted Premises and shall thereafter be the property of Landlord. Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations not change the Option Purchase Price as defined in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IX5 above.
Appears in 1 contract
Samples: Lease Agreement With Option to Purchase (Full House Resorts Inc)
Alterations. A. 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 cause permit to be made any ----------- alterations, additionsadditions or improvements to or of the Demised Premises or any part thereof (individually an "Alteration" and any two or more collectively "Alterations"; Alterations do not include furniture and unattached cubicles), renovationsor attach any fixtures or equipment thereto, improvements or installations in or to the Leased Premises without first obtaining Landlord’s prior 's written consent, which such consent shall not be unreasonably withheld; provided, unless Landlord reasonably determines however, that the proposed Tenant shall have no obligation to obtain Landlord's consent for any Alteration or related series of Alterations could if such Alteration or related series of Alterations: (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safetyare nonstructural; (ii) adversely affect do not cause any violation of and do not require any change in any respect certificate of occupancy applicable to the electricalBuilding; (iii) do not cause any change in the outside appearance of the Building, plumbing, fire/life/safety do not weaken or mechanical (including HVAC) systems impair the structure of the Building and do not materially reduce the value of the Demised Premises or the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or BuildingProject; (iv) interfere with do not affect the operation proper functioning of the Building or the provision of services or utilities to other tenants in the Buildingequipment; (v) do not cost more than Twenty Thousand Dollars (in excess of $20,000.00) in 10,000.00. Whether or not Landlord's consent is required for any twelve (12) month period; and (vi) require a permit. In the event thatAlteration or Alterations, within ten (10) days after receiving the Permitted Alterations Notice, Tenant shall give Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted prior notice of any Alteration or related series of Alterations, and so notifies Tenantupon completion of any Alterations (other than decorations), Tenant shall apply for Landlord’s consent deliver to Landlord three (3) copies of the "as- built" plans for such Alterations in accordance with Alterations. All such alterations, additions and improvements shall become Landlord's property at the provisions expiration or earlier termination of this Article IXthe Lease Term and shall remain on the Demised Premises without compensation to Tenant.
Appears in 1 contract
Samples: Temporary Lease Agreement (Wells Real Estate Investment Trust Inc)
Alterations. A. Tenant shall not Lessee may make or cause to be made any alterations, additions, renovations, additions or improvements or installations in or to the Leased Premises, including any Lessee Work identified on attached Exhibit C (the “Alterations”), only with the prior written consent of Landlord, which, with respect to Alterations not affecting the structural components of the Premises without Landlord’s prior consentor utility systems therein, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior conditioned, or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Buildingdelayed. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have thirty (30) days in which to respond to Lessee’s request for any Alterations so long as such request includes the right (but name of Lessee’s contractors and reasonably detailed plans and specifications therefore. The term “Alterations” shall not include the obligation) in its sole discretion to manage installation of shelves, movable partitions, Lessee’s equipment, and trade fixtures that may be performed without damaging existing improvements or supervise such work the structural integrity of the Premises and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but shall not be required for Lessee’s installation or removal of those items. Lessee shall perform all work at Lessee’s expense and in compliance with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice all applicable laws and shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such complete all Alterations in accordance with plans and specifications approved by Landlord, using contractors approved by Landlord. Lessee shall pay, when due, or furnish a bond for payment, all claims for labor or materials furnished to or for Lessee at or for use in the provisions Premises, which claims are or may be secured by any mechanics’ or materialmens’ liens against the Premises or any interest therein. Lessee shall remove all Alterations at the end of this Article IXthe Lease term unless Landlord conditioned its consent upon Lessee leaving a specified Alteration at the Premises, in which case Lessee shall not remove such Alteration, and it shall become Landlord’s property. Lessee shall immediately repair any damage to the Premises caused by removal of Alterations.
Appears in 1 contract
Samples: Lease Agreement
Alterations. A. 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 cause permit to be made any ----------- alterations, additionsadditions or improvements to or of the Demised Premises or any part thereof (individually an "Alteration" and any two or more collectively "Alterations"; Alterations do not include furniture and unattached cubicles), renovationsor attach any fixtures or equipment thereto, improvements or installations in or to the Leased Premises without first obtaining Landlord’s prior 's written consent, which such consent shall not be unreasonably withheld; provided, unless Landlord reasonably determines however, that the proposed Tenant shall have no obligation to obtain Landlord's consent for any Alteration or related series of Alterations could if such Alteration or related series of Alterations: (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safetyare nonstructural; (ii) adversely affect do not cause any violation of and do not require any change in any respect certificate of occupancy applicable to the electricalBuilding; (iii) do not cause any change in the outside appearance of the Building, plumbing, fire/life/safety do not weaken or mechanical (including HVAC) systems impair the structure of the Building and do not materially reduce the value of the Demised Premises or the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or BuildingProject; (iv) interfere with do not affect the operation proper functioning of the Building or the provision of services or utilities to other tenants in the Buildingequipment; (v) do not cost more than Twenty Thousand Dollars (in excess of $20,000.00) in 10,000.00. Whether or not Landlord's consent is required for any twelve (12) month period; and (vi) require a permit. In the event thatAlteration or Alterations, within ten (10) days after receiving the Permitted Alterations Notice, Tenant shall give Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted prior notice of any Alteration or related series of Alterations, and so notifies Tenantupon completion of any Alterations (other than decorations), Tenant shall apply for Landlord’s consent deliver to Landlord three (3) copies of the "as-built" plans for such Alterations in accordance with Alterations. All such alterations, additions and improvements shall become Landlord's property at the provisions expiration or earlier termination of this Article IXthe Lease Term and shall remain on the Demised Premises without compensation to Tenant.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Alterations. A. Tenant Tenants shall not make any alterations, additions or cause ----------- improvements to the Premises without the prior written consent of Landlord. Landlord shall not be required to notify Tenant of whether it consents to any alteration, addition or improvements until it (a) has received plans and specifications therefor which are sufficiently detailed to allow construction of the work depicted thereon to be made performed in a good and workmanlike manner, and (b) has had a reasonable opportunity to review them. If the alteration, addition or improvement will affect the Premises Structure, HVAC System, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord. Landlord's approval of any plans and specifications shall not be a representation that the plans or the work depicted thereon will comply with law or be adequate for any purpose, but shall merely be Landlord's consent to performance of the work. Upon completion of any alteration, addition, or improvement, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor. Tenant may erect shelves, bins, machinery and trade fixtures provided that such items (1) do not alter the basic character of the Premises; (2) do not overload or damage the same; and (3) may be removed without damage to the Premises. Unless Landlord specifies in writing otherwise, all alterations, additions, renovations, and improvements or installations shall be Landlord's property when installed in or the Premises. All work performed by a Tenant Party in the Premises (including that relating to the Leased Premises without installations, repair, replacement, or removal of any item) shall be performed in accordance with Law and with Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC 's specifications and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determinesrequirements, in its reasonable discretion, that the proposed Alterations are not Permitted Alterationsa good and workmanlike manner, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with as not to damage or alter the provisions of this Article IXBuilding's Structure or the Premises.
Appears in 1 contract
Alterations. A. Tenant shall not (a) Not to make any alterations or cause additions to be made any alterations, additions, renovations, improvements or installations in the Premises or to the Leased Service Media or to install any plant, equipment, apparatus or machinery in the Premises or to cut or injure any doors, windows, walls, floors, ceilings or other part of the Premises without the Landlord’s prior consent, consent (which such consent shall not be unreasonably withheld);
(b) Not to install any air-conditioning plant or equipment, unless machinery or other mechanical apparatus on the Premises without the Landlord’s consent (which consent shall not be unreasonably withheld) and to comply with the directions and instructions of the Landlord reasonably determines that regarding installation;
(c) Not to erect install or alter any partitioning in the proposed Alterations could Premises without the Landlord’s consent (iwhich consent shall not be unreasonably withheld) affect and to comply with the exterior directions and instructions of the Landlord regarding installation (but Landlord’s consent shall not be required for installation of non-structural, demountable partitioning which is removable without damage to the Premises);
(d) Not without the Landlord’s consent (which shall not be unreasonably withheld) to install additional locks bolts or common areas other fittings to the entrance doors of the Premises;
(e) Not to erect exhibit or display on the Premises or the Building any writing, sign, aerial, flagpole or other device so as to be visible from outside the Building without the Landlord’s consent Provided That the Tenant may display its name and business in the reception of the Premises or on the door thereof in such lettering, characters and materials as the Landlord shall approve (which approval shall not be unreasonably withheld);
(f) Not to do anything which alters or affects the external appearance of the Building or adversely affect to make alterations or additions to the Building’s structure or safety; (iiexcept for permitted works to the Premises) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems other parts of the Building or or, without limitation, the functioning thereof; Common Parts;
(iiig) be or become visible from In carrying out any permitted works whatsoever to the exterior of the Leased Premises or anywhere within the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities Development to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC observe and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with perform the provisions of this Article IXClause 3.2 mutatis mutandis.
Appears in 1 contract
Alterations. A. Tenant shall not make or cause to be made any alterations, additions, renovations, improvements or installations in or to the Leased Premises without Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (ia) affect the exterior or common areas Upon commencement of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03Lease, Tenant shall have the right to make Permitted Alterations the alterations, additions, improvements, installations and other changes in or to the Premises which are described on Exhibit "C" hereto (hereinafter definedthe "Initial Tenant Improvements") without the consent of the Landlord, subject to clauses (1) through (6) in subparagraph 9(b), below. Except as permitted by subparagraphs 9(b) and 9(c), below, Tenant shall make no other alterations, additions, improvements, installations or other changes in or to the Leased Premises, Premises without Landlord’s consent (but with twenty (20) days the prior written notice consent of Landlord in each and every instance, which consent will not be unreasonably withheld.
(b) Tenant, from time to time during the “Permitted Alterations Notice”term of this Lease, in accordance with subparagraph 9(c), which notice below, may make such alterations, additions, substitutions and improvements to the Premises as Tenant may deem necessary or desirable to adapt the Premises or any part thereof for its purposes, provided, however, that:
(1) such work shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior appearance or common areas structure of the Building;
(2) the strength of the Building or and the structure or safety of mechanical, electrical and plumbing services thereof are not adversely affected and the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems outside appearance of the Building is not changed;
(3) upon completion of the work Landlord is furnished with "as built" drawings;
(4) such alterations, additions, substitutions and improvements conform with the requirements of all insurance policies of the parties hereto, and with all applicable laws, statutes, ordinances, regulations and rules of all governmental authorities;
(5) the work be performed so as not to interfere with or impair the use and enjoyment of the Land and Building by Landlord and other tenants; and
(6) Tenant shall not permit to be placed any lien on the Premises, the Land or the functioning Building and Tenant shall indemnify, defend and hold Landlord harmless from liens, claims and liabilities of every kind which may arise out of any additions, alterations, improvements and installations made by or at the instance of Tenant and from any costs and expenses incurred by Landlord as a result thereof; .
(iiic) be Prior to undertaking any alteration, addition, substitution or become visible from improvement to the exterior Premises under Subparagraph 9(b), above, Tenant shall notify Landlord in writing of the Leased Premises proposed alteration, addition, substitution or Building; (iv) interfere with the operation improvement and provide copies of the Building proposed plans related thereto. For purposes hereof, all such proposed alterations, additions, substitutions or improvements shall be referred to herein as "Proposed Tenant Improvements." In the provision event that within fifteen (15) days following receipt of services such notice Landlord shall notify Tenant in writing that Landlord has determined in good faith that the Proposed Tenant Improvements would not be in accordance with clauses (1), (2), (4) or utilities to other tenants (5), of subparagraph 9(b), above, then Tenant shall refrain from making the Proposed Tenant Improvements and Landlord and Tenant shall negotiate in good faith toward a modification of the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permitproposed Tenant Improvements. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations parties cannot resolve such dispute within thirty (30) days, the dispute shall be submitted to alternative dispute resolution in accordance with paragraph 46, below. In the event that the parties are not Permitted Alterationsable to resolve such a dispute or the dispute is finally determined in accordance with the alternative dispute resolution outlining paragraph 46 hereof, and so notifies Tenant, then Tenant shall apply for Landlord’s consent for make the alterations, additions, substitutions and improvements as agreed to by the parties or determined pursuant to such Alterations alternative dispute resolution in accordance with the plans as agreed to by the parties or determined pursuant to alternative dispute resolution. For purposes of this Lease, any improvements made by Tenant which comply with the provisions of this Article IXSubparagraph 9(c) shall be referred to as "Permitted Tenant Improvements." In addition, within fifteen (15) days following receipt of Tenant's notice of the Proposed Tenant Improvements, Landlord shall have the right to notify Tenant whether any of such proposed Tenant Improvements will need to be removed by Tenant upon termination of this Lease. For purposes hereof, any of such Proposed Tenant Improvements which become Permitted Tenant Improvements and as to which Landlord has specified that such improvements will need to be removed upon termination of this Lease, shall be referred to herein as the "Removable Improvements."
(d) Except for the Initial Tenant Improvements and any Removable Improvements, all alterations, additions, substitutions and improvements shall become a part of the Premises and shall remain upon and be surrendered with the Premises at the end of the term of this Lease; provided that Tenant shall have the right, but not the obligation, to remove any of the Initial Improvements or the Permitted Tenant Improvements (other than the Removable Improvements) and shall have the obligation to remove any other alterations, additions, substitutions or improvements made by Tenant (including the Removable Improvements) provided further that Tenant shall repair any damage occasioned by such removal, and in default thereof Landlord may effect said repairs at Tenant's expense.
Appears in 1 contract
Samples: Lease Agreement (Hk Systems Inc)
Alterations. A. (A) Except as provided in Section 3.4 hereof, Tenant shall not make any Alterations without Landlord's prior consent. Landlord shall not unreasonably withhold, condition or cause delay its consent to be made any proposed nonstructural Alterations, provided that such Alterations (i) are not visible from the ground level outside of the Building, (ii) do not affect in any material and adverse respect any part of the Building other than the Premises or require any alterations, additionsinstallations, renovationsimprovements, improvements additions or installations other physical changes to be performed in or made to any portion of the Building or the Real Property other than the Premises, (iii) do not affect in any material and adverse respect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building, (iv) do not affect in any material and adverse respect the proper functioning of any Building System, (v) do not reduce the value or utility of the Building, and (vi) do not require a change to the Leased Premises certificate of occupancy for the Building or the Premises.
(B) (1) Prior to making any Alterations, including, without limitation, the Initial Alterations, Tenant shall (i) submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord’s prior consent's approval of such plans and specifications (except with respect to any nonstructural Alteration referred to in Section 3.4 hereof for which Landlord's approval is not required), which, in the case of nonstructural Alterations which such consent meet the criteria set forth in Section 3.1(A) above, shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior conditioned or common areas of the Building or adversely affect the Building’s structure or safety; delayed, (ii) adversely affect at Tenant's expense, obtain all permits, approvals and certificates required by any Governmental Authorities, it being agreed that all filings with Governmental Authorities to obtain such permits, approvals and certificates shall be made, at Tenant's expense, by a Person designated by Landlord (it being understood that (x) the Person initially so designated by Landlord is Xxxxxxx Xxxxx & Associates ("CR&A"), and (y) Tenant shall not discharge CR&A unless CR&A's fees are not commercially competitive or Tenant in any respect the electricalgood faith believes CR&A is not performing its services properly), plumbingand (iii) furnish to Landlord duplicate original policies or certificates thereof of worker's compensation (covering all persons to be employed by Tenant, fire/life/safety or mechanical and Tenant's contractors and subcontractors in connection with such Alteration) and general commercial public liability (including HVACproperty damage coverage) systems insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably approve, naming Landlord and its agents, any Lessor and any Mortgagee, as additional insureds. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration required by any Governmental Authority and shall furnish Landlord with copies thereof, together with the "as-built" plans and specifications for such Alterations, it being agreed that all filings with Governmental Authorities to obtain such permits, approvals and certificates shall be made, at Tenant's expense, by a Person designated by Landlord (it being understood that (x) the Person initially so designated by Landlord is CR&A, and (y) Tenant shall not discharge CR&A unless CR&A's fees are not commercially competitive or Tenant in good faith believes CR&A is not performing its services properly). All Alterations shall be made and performed substantially in accordance with the plans and specifications therefor as approved by Landlord (unless Landlord's consent to the Alteration is not required), all Requirements, the Rules and Regulations, and all rules and regulations relating to Alterations promulgated by Landlord in its reasonable judgment. The rules and regulations for Alterations that exist as of the date hereof are attached as Exhibit "D" and made a part hereof. Tenant shall not be required to comply with any new or revised rule or regulation promulgated by Landlord after the commencement of a particular Alteration if such new or revised rule or regulation has more than a de minimis effect on the design or performance of such Alteration. All materials and equipment to be incorporated in the Premises as a result of any Alterations or a part thereof shall be first quality and no such materials or equipment (other than Tenant's Property) shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. If, as a result of any Alterations performed by Tenant, including, without limitation, the Initial Alterations, any alterations, installations, improvements, additions or other physical changes are required to be performed or made to any portion of the Building or the functioning thereof; (iii) be Real Property other than the Premises in order to comply with any Requirement(s), which alterations, installations, improvements, additions or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit physical changes would not otherwise have had to be performed or made any alterationspursuant to applicable Requirement(s) at such time, modificationLandlord, substitution at Tenant's sole cost and expense, may perform or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any make such alterations, additionsinstallations, renovationsimprovements, improvements additions or installations by other physical changes and take such actions as Landlord shall deem reasonably necessary and Tenant, Landlord shall have the right within five (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (105) days after receiving the Permitted Alterations Noticedemand therefor by Landlord, shall provide Landlord determineswith such security as Landlord shall reasonably require, in its reasonable discretionan amount equal to the cost of such alterations, that installations, improvements, additions or other physical changes, as reasonably estimated by Landlord's architect, engineer or contractor. All Alteration(s) requiring the proposed consent of Landlord shall be performed only under the supervision of an independent licensed architect approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord hereby approves Tenant's use of Aplusi Design Corp. as Tenant's architect for the Initial Alterations are not Permitted and Xxxxx & Xxxxx Consulting Engineers, LLP as Tenant's mechanical engineer for the Initial Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IX.
Appears in 1 contract
Samples: Lease Agreement (Liveperson Inc)
Alterations. A. Tenant 10.1. Lessee shall not not, without first obtaining Lessor’s written consent, make or cause to be made perform, or permit the making or performance of, any alterations, additionsinstallations, renovationsimprovements, improvements additions and/or other physical changes in, to or installations in upon the Building, interior or to exterior, or the Leased Premises without Landlord’s prior consentor any portion thereof (“Alterations”), which such consent provided, however, that minor items of repair, adjustment and decoration not exceeding a cost of $50,000.00 for any one project (soft costs and hard costs together) shall not be unreasonably withhelddeemed “Alterations” for the purposes of this Lease, unless Landlord reasonably determines but only if such minor items of repair are strictly non-structural in nature.
10.2. Notwithstanding the obtaining of Lessor’s consent to any Alterations, all Alterations shall be made and performed at Lessee’s sole cost and expense. Further, it is agreed, stipulated and understood (i) that together with Lessee’s request for Lessor’s consent to any Alterations, Lessee shall submit to Lessor detailed plans and specifications and such other information with respect to the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; as Lessor shall reasonably request, (ii) adversely affect in that Lessor shall be provided with reasonable opportunity to bid with respect to carrying out of any respect the electricalAlterations, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; and (iii) that if the Alterations are not to be or become visible from the exterior carried out by Lessor, then Lessee shall deliver notice to Lessor of the Leased name and address of the proposed contractor, and if Lessor objects to such contractor carrying out Alterations to the Premises and can show reasonable grounds for such objection (which shall not be simply based upon professional competition) then Lessee shall not employ such contractor to carry out the Alterations in question.
10.3. Prior to the commencement of any proposed Alterations, Lessee shall furnish to Lessor duplicate original policies of (or Certificates of Insurance evidencing) worker’s compensation insurance covering all persons employed by Lessee in connection with such Alterations, including those to be employed by all contractors and subcontractors and such policies shall be issued by companies, and shall be in form and amounts, reasonably satisfactory to Lessor and shall be maintained by Lessee or by the Building; applicable contractors or subcontractors, as the case may be, until the completion of such Alterations. Lessee shall also furnish partial waivers of mechanics liens for all work performed and paid for in connection with such Alterations, and copies of all necessary Permits.
10.4. In the event that any mechanics or other lien or any notice of intention to file a lien is filed against the Premises in connection with any Alterations, Lessee shall promptly cause the same to be discharged of record by payment, bond, order of a court of competent jurisdiction or any other method permitted by law, and in any event, within sixty (iv60) interfere days after receiving notice of the same. Lessee shall indemnify and save Lessor harmless from and against all costs, liabilities, suits, penalties, claims, and demands (including reasonable counsel fee and disbursements) in connection with the operation commencement and prosecution of the Building or the provision foreclosure of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution such mechanics or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premiseslien. If Landlord consents Lessee shall fail to any such alterationscomply with the foregoing provisions, additions, renovations, improvements or installations by Tenant, Landlord Lessor shall have the right option (but not the obligation) in its sole discretion to manage of paying and discharging or supervise bonding any such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with lien, the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed cost thereof to be undertaken payable by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities Lessee to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, Lessor within ten (10) days after of receiving the Permitted Alterations Noticea xxxx therefor, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted as Additional Rent hereunder.
10.5. Notwithstanding Lessor’s approval of plans and specifications for any Alterations, all Alterations shall be made and so notifies Tenantperformed in full compliance with all applicable Laws then in effect and all necessary Permits, Tenant and all materials and equipment to be incorporated in the Building as a result of any Alterations shall apply be of a quality consistent with that existing at the date thereof. Lessor shall jointly sign any application made by Lessee for Landlordany building permit whether or not the work in question requires Lessor’s consent hereunder.
10.6. Approval by Lessor of any plans, specifications or selection of materials by Lessee in connection with any Alterations shall not constitute an assumption of any responsibility by Lessor of any kind, including (but not limited to) as to their accuracy or sufficiency. Lessee shall be solely responsible for such plans, specifications and the selection of materials. Lessee covenants and agrees to indemnify Lessor and hold Lessor harmless against and from any and all claims, costs, suits, damages and liability whatsoever arising out of or as a result of any Alterations performed by Lessee or by Lessee’s contractors, subcontractors, agents or employees, including reasonable attorneys fees for the defense thereof.
10.7. All Alterations and any replacements therefor, whether temporary or permanent in accordance with character, which are made by Lessee pursuant to the provisions of this Article IXSection 10 (unless the same shall constitute Lessee’s Personalty pursuant to the provisions of Section 19.1 below) shall be the property of Lessor immediately upon the installation of the same and shall remain upon and be surrendered with the Premises as a part thereof at the expiration of the Initial Term or, if appropriate, the Renewal Term, without compensation to Lessee. Notwithstanding the foregoing, at the expiration of the Initial Term or Renewal Term (as appropriate) Lessor shall have the option to require Lessee, at Lessee’s sole cost and expense, to restore the Premises to their condition prior to the carrying out of such Alterations, ordinary wear and tear excepted, provided that it is agreed and understood that this option of Lessor shall not apply to Lessee’s Initial Work or Lessee’s Additional Work, and provided further that Lessor shall only be permitted to require such restoration in the event that Lessor made such a requirement an express condition of Lessor’s consent to such Alterations at the time such consent was granted.
Appears in 1 contract
Samples: Lease Agreement (Atmi Inc)
Alterations. A. (1) Tenant shall not make or cause to be made (a) any alterationschanges, additions, renovationsimprovements, improvements alterations or installations in or other physical changes to the Leased Premises Demised Premises, the Building or any portions thereof of a non-structural nature without Landlord’s prior Owner's consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could withheld or (ib) affect the exterior any structural changes whatsoever or common areas any changes whatsoever to any of the Building systems therein or adversely affect thereon without the Building’s structure prior written consent of Owner in each instance (referred to collectively as "Alterations" and singly as an "Alteration") and in the event that Owner grants such consent, such Alteration shall be made in compliance with all Legal Requirements and performed in a manner and at such times as Owner reasonably designates and such Alterations or safety; (ii) adversely affect installations shall not, in any respect the electricalevent, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the use and operation of the Building by Owner or any tenant, occupant or user thereof. Without limiting the aforesaid, Tenant agrees that (a) prior to any Alterations by Tenant or the provision installation of services or utilities to other tenants any of Tenant's equipment in the Building. Demised Premises, Tenant shall submit detailed plans and specifications of the planned Alteration or installation to Owner for Owner's approval, provided that in no event make will Owner's approval of such plans be deemed a representation that they comply with applicable Legal Requirements, and will not cause interference with communication operations of Owner, or permit to any tenant, user or occupant of the Building and any such Alterations shall be made only in accordance with the plans and specifications approved by Owner, (b) all contractors performing any alterationsAlterations, modification, substitution modification or other change maintenance work on behalf of Tenant at the Demised Premises or in the Building shall be subject to the mechanicalprior written approval of Owner prior to the commencement of such work, electrical, plumbing, HVAC and sprinkler systems within which approval shall not be unreasonably withheld. In the event Owner or serving the Leased Premises. If Landlord consents its agents employ any independent architect or engineer to examine any such alterations, additions, renovations, improvements plans or installations specifications submitted by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion Tenant to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred Owner in connection with the management or supervision of such work any proposed Alteration, Tenant agrees to pay to Owner a sum equal to any reasonable fees incurred by Landlord.
B. Notwithstanding anything contained Owner in connection therewith. Nothing in this Section 9.03Lease shall be construed in any way as constituting the consent or request of Owner, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or material men, for the performance of any labor or the furnishing of any material for any specific Alteration to, or repair of, the Demised Premises, the Building, or any part thereof. Any mechanic's or other lien filed against the Building, or the Real Property, for work claimed to have been done for, or materials claimed to have been furnished to, Tenant or any person claiming through or under Tenant or based upon any act or omission or alleged act or omission of Tenant or any such person shall have the right to make Permitted Alterations be discharged by Tenant (hereinafter definedby bond or otherwise) in the Leased Premisesat Tenant's sole cost and expense, without Landlord’s consent (but with within twenty (20) days after the filing of such lien.
(2) Owner agrees however that Tenant may, without Owner's prior written notice consent, make any (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant a) merely decorative or cosmetic changes and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic (b) other non-structural Alterations in the Leased Demised Premises that could the estimated aggregate cost of which shall not exceed the sum of TWENTY THOUSAND and 00/100 (i$20,000.00) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) DOLLARS per annum and which shall not affect the electrical, plumbingplumbing and heating, fire/life/safety ventilation and air conditions systems in the Building or mechanical systems any portion of the Building or outside the functioning thereof; Demised Premises.
(iiiB) Under no circumstances shall Tenant be or become visible from permitted to locate any telecommunications facilities in the exterior telecommunications closets of the Leased Premises or Building; . With respect to Tenant's telecommunications facilities, (ivi) interfere Tenant shall contract separately with all providers of Tenant's telecommunications facilities (each of which is referred to as a "Provider") and pay each Provider for all services provided by it to Tenant, and (ii) each Provider shall use, exclusively, the telecommunications cable distribution system in the Building designated by Owner and shall contract separately with the operation company providing cable distribution service in the Building (referred to as the "Telecommunications Cable Distribution Company") for the supply and maintenance of distribution cables. The Provider and Tenant shall comply with all reasonable rules and regulations adopted by Owner and the Telecommunications Cable Distribution Company. Owner shall not be liable to Tenant or anyone claiming through or under Tenant for any damages, including, but not limited to, special, incidental, remote or consequential damages, including, without limitation, lost revenue, lost profits and additional operating or personnel expenses arising from any acts, omissions or negligence of the Building or Provider and the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXTelecommunications Cable Distribution Company.
Appears in 1 contract
Samples: Lease (Netsmart Technologies Inc)
Alterations. A. Tenant shall not make or cause to be made any alterations, additions, renovations, improvements or installations in or to the Leased Premises without Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the sole and complete right to make Permitted Alterations (hereinafter defined) in the Leased Premisesand authority, without Landlord’s consent or approval but subject to the provisions contained in any REAs and Overleases relating to alterations, to alter or change each Property Location in any way, including, without limitation, dividing each Property Location (but with twenty excluding any subdivision of any land) and adding additional signage; provided that (20i) days Tenant gives Landlord prior written notice of any material alterations, and (ii) at any one time Tenant may not make any proposed structural alterations to any Property Location in excess of Two Million Dollars ($2,000,000) per Lease Year, increased annually based on increases in the CPI (the “Permitted Alterations NoticeAlteration Cap”), without Landlord’s prior written consent, which notice consent shall contain a description of the Permitted Alterations proposed to not be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior unreasonably, withheld, conditioned or common areas of the Building or the structure or safety of the Building; (ii) affect the electricaldelayed, plumbingit being understood, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretionhowever, that the proposed Alterations are not Permitted Alterationsrefusal or failure of Landlord’s Mortgagee to grant consent (to the extent required and applicable) to the alterations shall be a reasonable basis for Landlord to withhold its consent. For the purposes of this Lease, and so notifies Tenantthe term “structural” shall mean the roof, foundation or load-bearing walls of any Building. In addition, Tenant shall apply for Landlord’s consent for such Alterations not demolish, replace or materially alter any structural or non-structural portions of any Building or any other improvements located on a Property Location, or any part thereof, or make any addition thereto, whether voluntary or in accordance connection with a repair or Restoration (as defined in Section 14.01) required by this Lease (collectively, the “Capital Improvement”), unless Tenant shall comply with the provisions following requirements:
(a) Each Capital Improvement, when completed, shall be of this Article IX.such a character as not to materially reduce the value of the applicable Property Location below its value immediately before construction of such Capital Improvement was commenced; PHIL1 681004v.14 (b) Each Capital Improvement shall be made with reasonable diligence (subject to Force Majeure) and in a good and workmanlike manner and in compliance with all applicable permits and authorizations and, as applicable, any of the REAs and Overleases. No Capital Improvement shall impair the safety or structural integrity of the applicable Building;
Appears in 1 contract
Alterations. A. Tenant shall not make or cause to be made any alterations, additions, renovations, additions or ----------- improvements or installations in or to the Leased Premises without the prior written consent of Landlord’s prior consent, which such consent shall not be unreasonably withheld; however, unless Landlord reasonably determines may withhold its consent in its sole and absolute discretion to any alteration or addition that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely would affect the Building’s structure 's Structure, or safety; (ii) adversely affect in any respect the electricalBuilding's HVAC System, plumbing, fire/life/safety electrical, or mechanical systems. Landlord shall not be required to notify Tenant of whether it consents to any alteration, addition or improvements until it (including HVACa) systems has received plans and specifications therefor which are sufficiently detailed to allow construction of the Building work depicted thereon to be performed in a good and workmanlike manner, and (b) has had a reasonable opportunity to review them. If the alteration, addition or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or improvement will affect the Building; 's Structure, HVAC System, or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbingor plumbing systems, HVAC then the plans and sprinkler systems within specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord. Landlord's approval of any plans and specifications shall not be a representation that the plans or serving the Leased work depicted thereon will comply with Law or be adequate for any purpose, but shall merely be Landlord's consent to performance of the work. Upon completion of any alteration, addition, or improvement, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor. Tenant may erect shelves, bins, machinery and trade fixtures provided that such items (1) do not alter the basic character of the Premises; (2) do not overload or damage the Premises; and (3) may be removed without damage to the Premises. If Landlord consents to any such All alterations, additions, renovationsand improvements shall be Landlord's property when installed in the Premises, improvements unless Landlord specifies in writing that Tenant may remove the item in question (a "REMOVABLE ITEM"). All work performed by a Tenant Party in the Premises -------------- (including that relating to the installations, repair, replacement, or installations by Tenantremoval of any item) shall be performed in accordance with Law and with Landlord's specifications and requirements, in a good and workmanlike manner, and so as not to damage or alter the Building's Structure or the Premises. In connection with any such alteration, addition, or improvement, Tenant shall pay to Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise an administration fee of 5% of all costs incurred for such work up to a maximum of $3,000 for each single requested alteration, addition or improvement; provided, however, that if the total cost of such alteration, addition or improvement exceeds $200,000, then such cap shall not apply and Tenant shall pay to Landlord a reasonable an administrative fee to reimburse Landlord of 3% of all costs incurred for overhead and such work. For example, if such total costs were $75,000, the administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars (fee would equal $20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations3,000, and so notifies Tenantif such total costs were $300,000, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXadministrative fee would equal $9,000.
Appears in 1 contract
Alterations. A. Tenant Lessee shall not make any alterations or cause improvements in, or additions to be made any alterationssaid Premises (“Alterations”) without first obtaining the written consent of Lessor, additions, renovations, improvements or installations in or to the Leased Premises without Landlord’s prior consent, which such whose consent shall not be unreasonably withheld, unless Landlord reasonably determines conditioned or delayed; provided however, that the proposed Alterations could (i) affect the exterior if Lessor has not granted or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents denied its consent to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted proposed Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) business days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlordreceipt of Lessee’s consent written request for such Alterations approval, then Lessor shall be deemed to have approved such Alterations. All such alterations, additions and improvements shall be at the sole cost and expense of Lessee and shall become the property of Lessor and shall remain in accordance and be surrendered with the provisions Premises as a part thereof at the termination of this Article IXlease, without disturbance, molestation or injury. Notwithstanding anything to the contrary herein, (a) Alterations and Lessee’s trade fixtures, furniture, equipment and other personal property installed in the Premises (except for any of the foregoing paid for with the proceeds of the Allowance) (“Lessee’s Property”) shall at all times be and remain Lessee’s property, (b) except for Alterations which cannot be removed without structural injury to the Premises, at any time except during the ordinary business hours of the Building. Lessee may remove Lessee’s Property from the Premises, provided that Lessee repairs all damage caused by such removal, (c) Lessor shall have no lien or other interest in any item of Lessee’s Property and (d) Lessor shall have no right to require Lessee to remove any alterations unless it notifies Lessee at the time it consents (or is deemed to have consented) to such alteration that it shall require such alteration to be removed.
Appears in 1 contract
Samples: Office Lease (Oncothyreon Inc.)
Alterations. A. (a) Tenant shall not may, at its expense, make or cause additions to be made any alterations, additions, renovations, improvements or installations in or and alterations of the Improvements to the Leased Premises without Landlord’s prior consentand make substitutions and replacements thereto (sometimes hereinafter collectively referred to as "Alterations"), provided that: (i) Landlord approves, which such consent approval shall not be unreasonably withheld, unless Landlord reasonably determines that conditioned or delayed, any Alterations to the Premises before such alterations are commenced, after having received from Tenant a complete set of plans and specifications for the proposed Alterations could (iwork,(ii) affect in Landlord's reasonable judgment, the exterior or common areas market value of the Building Premises and the Intended Use shall not thereby be reduced or adversely affect impaired and the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems appearance of the Building or the functioning thereofProperty will not be adversely affected; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Buildingarchitecturally consistent with existing Improvements; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants Alterations shall be performed in the Buildinga good and workmanlike manner; (v) cost more than Twenty Thousand Dollars ($20,000.00) such work shall not violate any term of any restriction to which the Premises are subject or the requirements of any insurance policy required to be maintained by Tenant hereunder, and shall be expeditiously completed in any twelve (12) month periodcompliance with all laws, ordinances, rules, regulations and requirements applicable thereto, including without limitation, the Americans with Disabilities Act of 1990 and all regulations issued thereunder, as the same may be amended from time to time; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, no Improvements shall be demolished unless Tenant shall apply have first furnished Landlord with such surety bonds or other security acceptable to Landlord as shall be necessary to assure rebuilding of such Improvements. Tenant shall promptly pay all costs and expenses of each such Alteration, discharge all liens arising therefrom and procure and pay for Landlord’s consent for all permits and licenses required in connection therewith. All such Alterations in accordance with shall be and remain part of the provisions realty and the property of Landlord and shall be subject to this Article IXLease. Tenant may place upon the Premises any inventory, trade fixtures, machinery or equipment belonging to Tenant or third parties and may remove the same at any time during the Term. Tenant shall repair any damage to the Premises or any portion thereof (including all Improvements thereon) caused by such removal.
Appears in 1 contract
Samples: Purchase and Sale Leaseback Agreement (Ugly Duckling Corp)
Alterations. A. Tenant shall not make or cause to be made any alterations, additions, renovations, additions or improvements or installations in or to the Leased Premises demised premises without Landlord’s 's prior written consent. All alterations, which such consent shall not be unreasonably withhelddecorations, installations, additions or improvements upon the demised premises made by either party, including without limitation all paneling, decorations, partitions, railings, floors, galleries and the like, shall, unless Landlord reasonably determines that elects otherwise (which election shall be made by written notice to Tenant not less than thirty (30) days prior to the proposed Alterations could (iexpiration or other termination of this Lease) affect become the exterior or common areas property of Landlord, and shall remain upon, and be surrendered with, said premises as a part thereof at the end of the Building or adversely affect term. At the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems expiration of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. term hereof, Tenant shall in no event make or permit be entitled to be made any alterationsremove all removable trade fixtures at its own cost and expense, modification, substitution or other change provided said fixtures have not become affixed to the mechanical, electrical, plumbing, HVAC demised premises and sprinkler systems within further provided Tenant restores the demised premises to its original condition. In the event Landlord shall elect to have all or serving the Leased Premises. If Landlord consents to any such alterations, additionsdecorations, renovationsinstallations, additions or improvements removed by Tenant as set forth above, then such alterations, decorations, installations, additions or installations improvements as landlord shall select, shall be removed by Tenant at Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work 's expense and Tenant shall pay restore the demised premises to Landlord a reasonable fee its original condition, at its own cost and expense, at or prior to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description expiration of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXterm.
Appears in 1 contract
Alterations. A. (a) Tenant's Alterations. Tenant shall not make or cause perform, or permit the -------------------- making or performance of, any Alterations (other than minor, non-structural Alterations that do not effect the Building's electrical systems, heating, ventilating and air conditioning systems or other Building systems, which Alterations may be performed without Landlord's prior consent) without Landlord's prior consent. Notwithstanding the foregoing provisions of this subsection or Landlord's consent to any Alterations, all Alterations made during the Term shall be made any alterations, additions, renovations, improvements or installations and performed in or conformity with and subject to the Leased Premises without Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could following provisions: (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safetyall Alterations shall be made and performed at Tenant's sole cost and expense (excluding Landlord's Contribution as provided in Section 9(b)) and at such time and in such manner as Landlord may reasonably designate; (ii) adversely affect in any respect the electricalall Alterations shall be made only by contractors or mechanics approved by Landlord, plumbing, fire/life/safety such approval not to be unreasonably withheld or mechanical (including HVAC) systems of the Building or the functioning thereofdelayed; (iii) be or become visible from no Alteration shall affect any part of the exterior of Building other than the Leased Premises or adversely affect any mechanical system in the Building (including the Building; 's heating, ventilating and air conditioning system) or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit any service required to be made any alterations, modification, substitution furnished by Landlord to Tenant or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements other tenant or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety occupant of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities all business machines and mechanical equipment, shall be placed and maintained by Tenant in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance to other tenants in or occupants of the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in Tenant shall submit to Landlord reasonably detailed plans and specifications for each proposed Alteration and shall not commence any twelve (12) month periodsuch Alteration without first obtaining Landlord's approval of such plans and specifications, which approval will not be unreasonably withheld or delayed, but Landlord shall have the right to withhold its consent to Alterations involving structural changes or changes affecting the Common Areas or the exterior of the Building for any reason whatsoever; and (vi) require a permit. In all Alterations in or to the event thatelectrical facilities in or serving the Leased Premises shall be subject to the provisions of Section 5(b); (vii) notwithstanding Landlord's approval of plans and specifications for any Alteration, within ten (10) days after receiving the Permitted all Alterations Notice, Landlord determines, shall be made and performed in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, full compliance with all Legal Requirements and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations Insurance Requirements and in accordance with the provisions Rules and Regulations; (viii) all materials and equipment to be incorporated in the Leased Premises as a result of this Article IXall Alterations shall be of good quality and equivalent to the Materials and equipment incorporated in the Building at the time it was constructed; (ix) Tenant shall either carry and maintain or shall require any contractor performing Alterations to carry and maintain at all times during the performance of the Alterations, at no expense to Landlord, (A) a policy of commercial general liability insurance, including contractor's liability coverage, completed operations coverage and contractor's protective liability coverage, naming Landlord and the Additional Insured, with such Policy to afford protection to the limit of not less than $5,000,000 combined single limit annual aggregate for bodily injury, death and property damage, and (B) workmen's compensation or similar insurance in the form and amounts required by the laws of the jurisdiction in which the Building is located; and (x) Tenant shall carry (or shall cause its contractor to carry) at all times during the performance of the Alterations, at no expense to Landlord, a policy of builders risk insurance written on the completed value form covering the Alterations in an amount equal to 100% of the replacement cost thereof.
Appears in 1 contract
Alterations. A. (A) Tenant shall not make any Alterations without Landlord's prior consent. Landlord shall not unreasonably withhold or cause delay its consent to be made any proposed nonstructural Alterations, provided that such Alterations (i) are not visible from the outside of the Building, (ii) do not affect any part of the Building other than the Premises or require any alterations, additionsinstallations, renovationsimprovements, improvements additions or installations other physical changes to be performed in or made to any portion of the Leased Building or the Real Property other than the Premises, (iii) do not affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building, (iv) do not affect the proper functioning of any Building System, (v) do not reduce the value or utility of the Building, and (vi) do not affect the certificate of occupancy for the Building or the Premises. Landlord shall not be deemed to be unreasonable with respect to withholding its consent to any proposed nonstructural Alteration which meets the criteria set forth in this Section 3.1(A) if the Lessor or Mortgagee, as the case may be, shall withhold its consent.
(1) Prior to making any Alterations, including, without limitation, the Initial Alterations, Tenant shall (i) submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, which, in the case of nonstructural Alterations which meet the criteria set forth in Section 3.1(A) above, shall not be unreasonably withheld or delayed, (ii) at Tenant's expense, obtain all permits, approvals and certificates required by any Governmental Authorities, it being agreed that all filings with Governmental Authorities to obtain such permits, approvals and certificates shall be made, at Tenant's expense, by a Person designated by Landlord, and (iii) furnish to Landlord duplicate original policies or certificates thereof of worker's compensation (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably approve, naming Landlord and its agents, any Lessor and any Mortgagee, as additional insureds. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration required by any Governmental Authority and shall furnish Landlord with copies thereof, together with the "as-built" plans and specifications for such Alterations, it being agreed that all filings with Governmental Authorities to obtain such permits, approvals and certificates shall be made, at Tenant's expense, by a Person designated by Landlord. All Alterations shall be made and performed substantially in accordance with the plans and specifications therefor as approved by Landlord, all Requirements, the Rules and Regulations, and all rules and regulations relating to Alterations promulgated by Landlord in its reasonable judgment. All materials and equipment to be incorporated in the Premises as a result of any Alterations or a part thereof shall be first quality and no such materials or equipment (other than Tenant's Property) shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In addition, no Alteration shall be undertaken prior to Tenant's delivering to Landlord either (i) a performance bond and labor and materials payment bond (issued by a surety company and in form reasonably satisfactory to Landlord), each in an amount equal to one hundred twenty percent (120%) of the cost of such Alteration (as reasonably estimated by Landlord's architect, engineer, or contractor), or (ii) such other security as shall be reasonably satisfactory to Landlord or required by any Mortgagee or Lessor. If, as a result of any Alterations performed by Tenant, including, without Landlord’s prior consentlimitation, the Initial Alterations, any alterations, installations, improvements, additions or other physical changes are required to be performed or made to any portion of the Building or the Real Property other than the Premises in order to comply with any Requirement(s), which alterations, installations, improvements, additions or other physical changes would not otherwise have had to be performed or made pursuant to applicable Requirement(s) at such consent time, Landlord, at Tenant's sole cost and expense, may perform or make such alterations, installations, improvements, additions or other physical changes and take such actions as Landlord shall deem reasonably necessary and Tenant, within five (5) days after demand therefor by Landlord, shall provide Landlord with such security as Landlord shall reasonably require, in an amount equal to one hundred twenty percent (120%) of the cost of such alterations, installations, improvements, additions or other physical changes, as reasonably estimated by Landlord's architect, engineer or contractor. All Alteration(s) shall be performed only under the supervision of an independent licensed architect approved by Landlord, which approval shall not be unreasonably withheld.
(2) Landlord reserves the right to disapprove any plans and specifications in part, unless to reserve approval of items shown thereon pending its review and approval of other plans and specifications, and to condition its approval upon Tenant making revisions to the plans and specifications or supplying additional information. Any review or approval by Landlord reasonably determines of any plans and/or specifications or any preparation or design of any plans by Landlord's architect or engineer (or any architect or engineer designated by Landlord) with respect to any Alteration is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant or any other Person with respect to the compliance thereof with any Requirements, the adequacy, correctness or efficiency thereof or otherwise.
(C) Tenant shall be permitted to perform Alterations during the hours of 8:00 A.M. to 6:00 P.M. on Business Days, provided that such work shall not interfere with or interrupt the proposed Alterations could (i) affect the exterior or common areas operation and maintenance of the Building or adversely affect unreasonably interfere with or interrupt the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems use and occupancy of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to by other tenants in the Building. Otherwise, Alterations shall be performed at such times and in such manner as Landlord may from time to time reasonably designate. All Tenant's Property installed by Tenant and all Alterations in and to the Premises which may be made by Tenant at its own cost and expense prior to and during the Term, shall remain the property of Tenant. Upon the Expiration Date, Tenant shall in no event make or permit to be remove Tenant's Property from the Premises and, at Tenant's option, Tenant also may remove, at Tenant's cost and expense, all Alterations made any alterations, modification, substitution or other change by Tenant to the mechanicalPremises, electricalprovided, plumbinghowever, HVAC in any case, that Tenant shall repair and sprinkler systems within restore in a good and workerlike manner to good condition any damage to the Premises or serving the Leased PremisesBuilding caused by such removal. If Landlord consents Notwithstanding the foregoing, however, Landlord, upon notice given at least thirty (30) days prior to the Fixed Expiration Date or upon such shorter notice as is reasonable under the circumstances upon the earlier expiration of the Term, may require Tenant to remove any Alterations, and to repair and restore in a good and workerlike manner to good condition any damage to the Premises or the Building caused by such alterationsremoval.
(1) All Alterations shall be performed, additionsat Tenant's sole cost and expense, renovationsby Landlord's contractor(s) or by contractors, improvements subcontractors or installations mechanics approved by Landlord. Prior to making an Alteration, at Tenant's request, Landlord shall furnish Tenant with a list of contractors who may perform Alterations to the Premises on behalf of Tenant. If Tenant engages any contractor set forth on the list, Tenant shall not be required to obtain Landlord's consent for such contractor unless, prior to the earlier of (a) entering into a contract with such contractor, and (b) the commencement of work by such contractor, Landlord shall notify Tenant that such contractor has been removed from the list.
(2) Notwithstanding the foregoing, with respect to any Alteration affecting any Building System, (i) Tenant shall select a contractor from a list of approved contractors furnished by Landlord to Tenant (containing at least three (3) contractors) and (ii) the Alteration shall, at Tenant's cost and expense, be designed by Landlord's engineer for the relevant Building System.
(E) Any mechanic's lien filed against the Premises or the Real Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be discharged by Tenant within thirty (30) days after Tenant shall have received notice thereof (or such shorter period if required by the right terms of any Superior Lease or Mortgage), at Tenant's expense, by payment or filing the bond required by law. Tenant shall not, at any time prior to or during the Term, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the Premises, whether in connection with any Alteration or otherwise, if such employment would interfere or cause any conflict with other contractors, mechanics or laborers engaged in the construction, maintenance or operation of the Building by Landlord, Tenant or others, or of any adjacent property owned by Landlord. In the event of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Building immediately.
(but F) Tenant shall commence performance of the Initial Alterations by not later than thirty (30) days after the obligationCommencement Date, shall thereafter diligently continuously prosecute the same to completion, and shall substantially complete the Initial Alterations by not later than ninety (90) in its sole discretion to manage or supervise such work and days after the Commencement Date.
Section 3.2. Tenant shall pay to Landlord a reasonable fee or to reimburse Landlord for overhead and administrative Landlord's agent, as additional rent, all out-of pocket costs and expenses incurred by Landlord or Landlord's agent in connection with any Alterations, including, without limitation, the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Initial Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”"Alteration Fee"), which notice . The Alteration Fee shall contain a description of the Permitted Alterations proposed to be undertaken paid by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days Business Days after receiving demand therefor. Tenant also shall pay any fee charged by any Lessor or Mortgagee in reviewing the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, plans and so notifies Tenant, Tenant shall apply for Landlord’s consent specifications for such Alterations or inspecting the progress of completion of the same.
Section 3.3. Upon the request of Tenant, Landlord, at Tenant's cost and expense, shall join in accordance any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with any permitted Alteration (provided that the provisions of this Article IXthe applicable Requirement shall require that Landlord join in such application) and shall otherwise cooperate with Tenant in connection therewith, provided that Landlord shall not be obligated to incur any cost or expense, including, without limitation, attorneys' fees and disbursements, or suffer any liability in connection therewith.
Appears in 1 contract
Alterations. A. Tenant shall (a) Sublessee may not make or cause to be made any alterations, additions, renovations, improvements or installations in or structural alterations to the Leased Subleased Premises. In addition, Sublessee may not make any nonstructural alterations to the Subleased Premises without Landlord’s first obtaining Sub- lessor's prior consentwritten consent thereto, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines delayed or conditioned (except that painting and decorating shall not require Sublessor's consent), and, if required by the proposed Alterations could Prime Lease, the prior written consent of Landlord; except that Sublessor hereby approves nonstructural alterations which do not exceed $100,000.00 to construct. (iSublessee's request for Landlord's required consent shall be transmitted by Sublessor to Landlord.) affect Any so consented-to nonstructural alteration(s) shall be made subject to, and in accordance with, the exterior or common areas applicable provisions of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electricalPrime Lease, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlordthis Sublease.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter definedb) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event Sublessee shall desire to make any nonstructural alteration(s) to the Subleased Premises, Sublessee shall notify Sublessor thereof, specifying in Sublessee's notice the scope, location and such specifics of the desired nonstructural alteration(s) as necessary to enable Sublessor to formulate a judgment as to the effect such alteration(s) would have upon the Building and its systems, and Sublessor's use of, and operation within, that portion of the Prime Lease Premises not constituting the Subleased Premises (the "Retained Space"), except that, within ten subject to approval of the Landlord if required by the Prime Lease, Sublessor approves the installation of information systems cabling, electrical distribution circuitry and finishes appurtenant thereto. Sublessor agrees not to unreasonably withhold, delay or condition Sublessor's consent to any desired nonstructural alteration(s) that Sublessee may wish to make in the Subleased Premises (10) days after receiving the Permitted Alterations Noticeone test of Sublessor's reasonableness, Landlord determineshowever, in its reasonable discretion, that being whether the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with alteration(s) will materially adversely affect Sublessor's use of the provisions of this Article IXRetained Space).
Appears in 1 contract
Samples: Sublease (PWCC LTD)
Alterations. A. Tenant shall not make or cause to be made any alterations, additionsimprovements, renovationsrepairs, improvements installations or installations in removals or additions ("Alterations") to the Leased Premises during the Term of this Lease or any extension or renewal thereof, without first obtaining the written consent of Landlord’s prior consent, which such consent shall will not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior and it shall not cut or common areas drill into, or secure any fixture, apparatus or equipment of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior kind to any part of the Leased Premises without first obtaining the written consent of Landlord. All Alterations made by Tenant as aforesaid shall remain upon the Leased Premises at the expiration or earlier termination of this Lease and shall become the Building; property of Landlord, unless Landlord shall, prior to the expiration or (iv) interfere with termination of this Lease, have given written notice to Tenant to remove the operation same, in which event Tenant shall remove such Alterations and restore the Leased Premises to the same good order and condition in which it was at the commencement of this Lease. Should Tenant fail to do so, Landlord may do so, collecting, at Landlord's option, the Building or the provision of services or utilities to other tenants in the Buildingcost and expense thereof from Tenant as Additional Rent. Tenant shall procure all necessary permits before making any Alterations. Tenant agrees that all Alterations done by it at its request, or anyone claiming under it, shall be done in no event make or permit to a lien free and good and workmanlike manner of first class institutional office building quality, that the same shall be made any alterationsdone in conformity with all laws, modificationordinances and regulations of all public authorities, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises shall not be endangered or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; impaired and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for repair all damages caused by or resulting from any such Alterations in accordance with the provisions of this Article IXAlterations.
Appears in 1 contract
Samples: Lease Agreement (Spanish Broadcasting System of Puerto Rico Inc /Pr/)
Alterations. A. 15.1 Alterations by Tenant. Tenant shall not make make, install or cause to be made any alterations, additions, renovations, improvements or installations erect in or to the Leased Premises any installations, alterations, modifications, additions or partitions without submitting the drawings and specifications to Landlord and obtaining Landlord’s 's prior written consent in each instance. Furthermore, Tenant shall obtain Landlord's prior written consent, which such consent shall not be unreasonably withheldwithheld or delayed, unless to any change or changes in such drawings or specifications submitted as aforesaid. Tenant, upon prior notice to Landlord reasonably determines that and compliance with all other provisions hereof, may make alterations of a "cosmetic nature" without being subject to Landlord's prior approval, however, Landlord can request such alterations be removed upon termination or earlier expiration of the proposed Alterations could (i) Lease and the Premises returned, at Tenant's expense, to their condition prior to the alteration, subject to ordinary wear and tear. For purposes hereof, "cosmetic alterations" shall be alterations of an aesthetic nature which do not require a building permit and do not affect the exterior or common areas structure of the Building or adversely affect any of its systems including HVAC, electrical or plumbing. Tenant shall pay the reasonable cost to Landlord of having its architects, engineers, or other consultants review such plans and changes thereto prior to proceeding with any work based on such drawings or specifications. All such work shall be performed in a good and workmanlike manner, free and clear of all mechanics liens, and in compliance with the provisions of Article 11 hereof, and once commenced shall be diligently pursued through completion, and Landlord shall have no liability for the performance of such work, notwithstanding its consent to any plans and specifications. PROVIDED NEVERTHELESS that Landlord may, at its option, at Tenant's expense, require that Landlord's contractors be engaged for any mechanical or electrical work or other leasehold improvement. Without limiting the generality of the foregoing, any work performed by or for Tenant shall be performed by competent workmen whose labor union affiliations are not incompatible with those of any workmen who may be employed in the Building Complex by Landlord, its contractors or subcontractors. In addition to the above all contractors and subcontractors must meet Landlord's specifications, as reasonably determined by Landlord, for minimum requirements for insurance, bonds, quality of work, experience and such other reasonably applicable factors. Tenant shall submit to Landlord's supervision over construction, shall provide Landlord upon request with financial assurances prior to the commencement of alterations, and promptly pay to Landlord's or Tenant's subcontractors, as the case may be, when due, the costs of all such work and of all materials, labor and services involved therein and of all decoration and all changes in the Building’s structure , its equipment or safety; (ii) adversely affect services necessitated thereby. Tenant covenants that Tenant will not suffer or permit during the Term hereof any mechanics? or other liens for work, labor, services or materials ordered by Tenant or for the cost of which Tenant may be in any respect way obligated, to attach to the electricalPremises or to the Building Complex and that whenever and so often as any such liens shall attach or claims therefor shall be filed, plumbingTenant shall, fire/life/safety or mechanical within twenty (including HVAC20) systems days after Tenant has notice of the Building claim for lien, procure the discharge thereof by payment or the functioning thereof; by giving security or in such other manner as is or may be required or permitted by law or which shall otherwise satisfy Landlord and or Landlord's mortgagee. Tenant hereby indemnifies and saves Landlord harmless from and against any and all loss, liability, damage, penalty, cost, expense or fee (iiiincluding, without limitation, court costs and reasonable attorneys' fees) be incurred by or become visible from the exterior asserted against Landlord as a result of the Leased existence of any lien against the Building, Premises or the Building; Property. Tenant shall, at its own cost and expense, take out or cause to be taken out any additional insurance or bonds reasonably required by Landlord to protect Landlord's, the mortgagee's and Tenant's interest during the period of alteration. At least five (iv5) interfere with days prior to the operation commencement of any work permitted to be done by persons requested by Tenant on the Premises, Tenant shall notify Landlord of the Building or proposed work and the provision names and addresses of services or utilities to other tenants in the Buildingpersons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of the Colorado Revised Statutes (1973). Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to During any such alterationswork on the Premises and subject to Article 13 hereof, additionsLandlord, renovationsor its representatives, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations go upon and inspect the Premises at all reasonable times, and shall have the right to post and keep posted thereon notices such as those provided for by Section 38-22-105(2) C.R.S. (hereinafter defined1973) or to take any further action which Landlord may deem to be proper for the protection of Landlord's interest in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IX.
Appears in 1 contract
Samples: Office Lease (Usurf America Inc)
Alterations. A. Tenant (a) LESSEE shall have the right to make such interior alterations, decorations and improvements to the PREMISES not constituting a part of the building as may be proper and necessary for the conduct of its business and for the beneficial use of the PREMISES, provided the same do not affect the exterior or structural portion of the PREMISES and provided further that LESSEE shall:
(i) pay all costs, expenses and charges thereof,
(ii) make the same in accordance with applicable laws and building codes and in a good and workmanlike manner,
(iii) cause the same to be performed by qualified contractors who shall not create any labor or other disturbance in the OFFICE BUILDING while performing same,
(iv) fully and completely indemnify LESSOR against any mechanic's lien or other liens or claims in connection with the taking thereof, and
(v) not thereby diminish the value of the PREMISES or OFFICE BUILDING.
(b) LESSEE may make or cause to be made any alterations, additionsdecorations and improvements constituting a part of the building or affecting the exterior or structural portion of the PREMISES with the same provisions as contained in subparagraph (a) (i) - (v) but only after (i) obtaining LESSOR'S prior consent thereto, renovations, improvements or installations in or and (ii) obtaining LESSOR'S consent to the Leased Premises without Landlord’s prior consentcontractor engaged to perform such work, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas . Upon completion of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additionsdecorations and improvements constituting a part of the building or affecting the exterior and/or structural portions, renovationsthe same shall immediately thereupon become a part of the PREMISES and be included in the word "PREMISES" as used in this LEASE.
(c) Notwithstanding the fact that alterations, decorations and/or improvements to the PREMISES made by LESSEE may constitute a part of and be included in the word PREMISES as used in this LEASE, repair and/or restoration of damages thereto caused by fire and/or other casualty shall be the responsibility of LESSEE, whether or installations not covered by Tenantinsurance by LESSEE, Landlord unless otherwise covered by LESSOR'S insurance (which shall not be considered primary insurance.)
(d) All of LESSEE'S CHATTELS and all interior alterations, decorations and improvements not constituting a part of the building installed in the PREMISES by LESSEE shall remain the property of LESSEE and shall be removed by LESSEE upon the termination of this LEASE, and LESSEE shall make any repairs necessitated by such removal. Any thereof not removed on or before the termination of this LEASE and surrender of possession of the PREMISES by LESSEE shall be deemed abandoned by LESSEE and, at LESSOR'S election, may be treated and/or disposed of by LESSOR as LESSOR'S own property without further right or claim thereto by LESSEE, except that LESSEE shall reimburse LESSOR for the cost of removal if LESSOR elects to have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterationssame removed, and so notifies Tenant, Tenant LESSEE shall apply be liable to LESSOR for Landlord’s consent for such Alterations in accordance with the provisions any damages sustained by LESSOR as a result of this Article IXLESSEE'S failure to remove same.
Appears in 1 contract
Samples: Lease Agreement (GLB Bancorp Inc)
Alterations. A. (a) After initially opening the Premises for business, Tenant shall not make or cause to be made to thc Premises or the Tenant Utility Facilities any alterationsaddition, renovation, alteration, reconstruction or change (collectively, "Alterations")
(i) involving structural changes or additions, renovations(ii) affecting the exterior storefront, improvements fire sprinkler systems, exterior walls, floor slab, or installations roof of the Premises, (iii) requiring or resulting in any penetration of the roof, demising walls or to floor slab of the Leased Premises Premises, without first obtaining the written consent of Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) costing in excess of Five Thousand Dollars ($5,000.00) and not described in clauses (i), (ii) or (iii) above.
(b) All Alterations shall be made under the supervision of a competent licensed architect or competent licensed structural engineer satisfactory to Landlord and shall be made in accordance with plans and specifications with respect thereto, approved in writing by Landlord before the commencement of work.
(c) Tenant shall provide Landlord with not less than fifteen (15) days prior written notice of the commencement of any Alterations in the Premises and Landlord shall have the right to enter upon the Premises to post customary notices of non-responsibility with respect thereto. Tenant, at its cost, shall obtain all required governmental permits and approvals for all Alterations and all such Alterations shall be performed strictly in accordance with all applicable laws, ordinances, rules or regulations of any public authority, in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. Construction work in connection with any Alterations shall be performed in such manner as not to obstruct the access to the Premises or otherwise interfere with the operation of business by any other occupant of the Building or Project. Such Alterations shall be considered as improvements and shall become an integral part of the provision of services or utilities to other tenants in the Building. Tenant Premises upon installation thereof and shall in no event make or permit to not be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations removed by Tenant; provided, however, if Landlord elects, Landlord shall have the right (but not to cause Tenant to remove any or all such Alterations upon the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description expiration of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IX.Lease Term or
Appears in 1 contract
Samples: Lease (Central Coast Bancorp)
Alterations. A. Tenant Subtenant shall not make or cause to be made any material alterations, additions, renovations, additions or improvements or installations in or to the Leased Subleased Premises without Landlord’s the prior consentwritten consent of Sublessor, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that conditioned or delayed. All alterations now or hereafter proposed to be made by Subtenant shall be made in accordance with and shall be subject to the proposed Alterations could provisions of the Lease. Subject to the consent of Master Landlord, (i) carpeting, painting and the installation of computer equipment, telephone lines, supplemental air conditioning units and such other items as substantially set forth on EXHIBIT "C" hereto (the "Approved Alterations") and (ii) Minor Alterations (as hereinafter defined) are expressly permitted herein and shall not require any further consent of Sublessor. Notwithstanding anything contained herein or in the Master Lease to the contrary, the Approved Alterations (to the extent the same may be removed without damage to the Subleased Premises) and Trade Fixtures (as hereinafter defined) shall remain the property of Subtenant. For purposes hereof, (i) "Minor Alterations" shall mean non-structural alterations or improvements in or to the Subleased Premises that do not (a) require a permit, (b) materially and adversely affect the exterior or common areas structure of the Building or adversely affect the Building’s structure or safety; Building Systems nor (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (vc) cost more than Twenty Fifty Thousand Dollars ($20,000.0050,000.00) in any twelve (12) month period; and (viii) require a permit. In "Trade Fixtures" shall mean articles placed in or attached to the event that, within ten (10) days after receiving Subleased Premises to facilitate the Permitted Alterations Notice, Landlord determines, trade or business of Subtenant or promote convenience and efficiency in its reasonable discretion, that conducting Subtenant's business which may be removed without damage to the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXSubleased Premises.
Appears in 1 contract
Samples: Sublease Agreement (Marex Com Inc)
Alterations. A. (A) For the purposes of this Section, “Alterations” shall mean any alterations, additions, decorations, or improvements to the Premises or the Building. Tenant shall have the right without Landlord’s prior consent to make Alterations to or upon the Premises which i) are non-structural in nature, ii) do not disrupt any other tenants of the Building, iii) do not affect any Building systems, and iv) are not visible from outside the Premises; provided, however, that Tenant must furnish Landlord with notice and detailed plans and specifications of any such Alterations at least fifteen (15) days prior to the commencement of such work. Tenant shall not make or cause permit any other Alterations without the prior written consent of Landlord. Regardless of whether or not Landlord’s consent is required to be made an Alteration, Landlord may impose any alterations, additions, renovations, improvements or installations in or reasonable conditions to the Leased Premises performance of the Alterations, including without Landlord’s prior consentlimitation, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect delivery to Landlord of written and unconditional waivers of mechanic’s and materialmen’s liens as to the exterior or common areas Premises, the Building and the Land for all work, labor and services to be performed and materials to be furnished, signed by all contractors, subcontractors, materialmen and laborers participating in the Alterations, (ii) prior approval by Landlord of the Building plans and specifications and Tenant’s contractor(s) with respect to the Alterations, (iii) for structural improvements supervision of the Alterations by Landlord’s representative at Tenant’s expense and (iv) delivery to Landlord of payment and performance bonds naming Landlord and Mortgagee as obligees. All Alterations, whether or not Landlord’s consent is required, shall conform to the requirements of Landlord’s and Tenant’s insurers and of the Federal, state and local governments having jurisdiction over the Premises, including but not limited to all applicable building and fire codes, shall be performed in accordance with the terms and provisions of this Lease in a good and workmanlike manner befitting a first class office building and shall not adversely affect the Building’s structure value, utility or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems character of the Building Premises. Should permits of any kind and nature be required by Federal, state or local government(s) having jurisdiction over the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Premises, Tenant shall in no event make or permit be responsible for securing the permits and the cost of same and furnishing copies of such permits to be made any alterations, modification, substitution or other change to Landlord.
(B) If the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by TenantAlterations are not performed as herein required, Landlord shall have the right right, at Landlord’s option, to halt any further Alterations, or to require Tenant to perform the Alterations as herein required or to require Tenant to return the Premises to its condition before such Alterations.
(C) Providing Landlord has provided architectural and M.E.P. backgrounds to Tenant within thirty (30) days of the completion of the Alterations, Tenant shall furnish Landlord with one set of reproducible sepias showing the actual, as-built Alterations as they were delivered in the Premises, certified and inspected by the architects and engineers who prepared the plans and specifications.
(D) Notwithstanding the foregoing, if any mechanic’s or materialmen’s lien is filed against the Premises, the Building or the Land for work claimed to have been done for, or materials claimed to have been furnished to or for the benefit of, Tenant, such lien shall be discharged of record by Tenant within ten (10) days by the payment thereof or the filing of any bond required or permitted by law. If Tenant shall fail to discharge any such lien, Landlord may (but shall not be obligated) discharge the obligationsame, the cost of which shall be paid by Tenant within three (3) in its sole discretion days of demand by Landlord. If Tenant fails to manage or supervise such work and pay the cost within three (3) days of demand by Landlord, Tenant shall pay to Landlord a reasonable fee late charge of five percent (5%) of the amount. In addition, such late payment shall bear interest, at the Interest Rate, from the fourth (4th) day to reimburse the date of payment thereof by Tenant. Such discharge by Landlord for overhead and administrative costs and expenses incurred shall not be deemed to waive or release the default of Tenant in connection with not discharging the management or supervision of such work by same. Neither Landlord.
B. Notwithstanding ’s consent to any Alteration nor anything contained in this Section 9.03, Tenant Lease shall have be deemed to be the right agreement or consent of Landlord to make Permitted Alterations (hereinafter defined) subject Landlord’s interest in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure Land to any mechanic’s or safety materialmen’s liens which may be filed in respect of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXAlteration.
Appears in 1 contract
Samples: Deed of Lease (Inphonic Inc)
Alterations. A. (A) Except as provided in Section 3.4 hereof, Tenant shall ----------- not make any Alterations without Landlord's prior consent. Landlord shall not unreasonably withhold, condition or cause delay its consent to be made any proposed nonstructural Alterations, provided that such Alterations (i) are not visible from the outside of the Building, (ii) do not affect any part of the Building other than the Premises or require any alterations, additionsinstallations, renovationsimprovements, improvements additions or installations other physical changes to be performed in or made to any portion of the Leased Premises Building or the Real Property other than the Premises, (iii) do not adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building, (iv) do not affect the proper functioning of any Building System, and (v) do not affect the certificate of occupancy for the Building or the Premises. Landlord shall not be deemed to be unreasonable with respect to withholding its consent to any proposed nonstructural Alteration which meets the criteria set forth in this Section 3.1(A) if the Lessor or Mortgagee, as the case may be, shall withhold its consent.
(B) (1) Prior to making any Alterations, including, without limitation, the Initial Alterations, Tenant shall (i) submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord’s prior consent's approval of such plans and specifications (except with respect to any nonstructural Alterations referred to in Section 3.4 hereof for which Landlord's approval is not required or with respect to any Alterations of such a scope that plans and specifications are not required by any Requirement and would not be customarily required in accordance with good construction practice), which, in the case of nonstructural Alterations which such consent meet the criteria set forth in Section 3.1(A) above, shall not be unreasonably withheld, unless conditioned or delayed, (ii) at Tenant's expense, obtain all permits, approvals and certificates required by any Governmental Authorities, it being agreed that all filings with Governmental Authorities to obtain such permits, approvals and certificates shall be made, at Tenant's expense, by a Person designated by Landlord, and (iii) furnish to Landlord duplicate original policies or certificates thereof of worker's compensation (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably determines approve, naming Landlord and its agents, any Lessor and any Mortgagee, as additional insureds. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration required by any Governmental Authority and shall furnish Landlord with copies thereof, together with the "as-built" plans and specifications for such Alterations, it being agreed that all filings with Governmental Authorities to obtain such permits, approvals and certificates shall be made, at Tenant's expense, by a Person designated by Landlord. All Alterations shall be made and performed substantially in accordance with the proposed plans and specifications therefor as approved by Landlord (to the extent such plans and specifications are required to be delivered to Landlord for approval as provided herein), all Requirements, the Rules and Regulations, and all rules and regulations relating to Alterations could promulgated by Landlord in its reasonable judgment. All materials and equipment to be incorporated in the Premises as a result of any Alterations or a part thereof shall be first quality and no such materials or equipment (other than Tenant's Property) shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In addition, no Alteration shall be undertaken prior to Tenant's delivering to Landlord either (i) affect the exterior or common areas a performance bond and labor and materials payment bond (issued by a surety company and in form reasonably satisfactory to Landlord), each in an amount equal to 120% of the Building cost of such Alteration (as reasonably estimated by Landlord's architect, engineer, or adversely affect the Building’s structure contractor), or safety; (ii) adversely affect in such other security as shall be reasonably satisfactory to Landlord or required by any respect Mortgagee or Lessor. If, as a result of any Alterations performed by Tenant, including, without limitation, the electricalInitial Alterations, plumbingany alterations, fire/life/safety installations, improvements, additions or mechanical (including HVAC) systems other physical changes are required to be performed or made to any portion of the Building or the functioning thereof; (iii) be Real Property other than the Premises in order to comply with any Requirement(s), which alterations, installations, improvements, additions or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit physical changes would not otherwise have had to be performed or made any alterationspursuant to applicable Requirement(s) at such time, modificationLandlord, substitution at Tenant's sole cost and expense, may perform or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any make such alterations, additionsinstallations, renovationsimprovements, improvements additions or installations by Tenant, other physical changes and take such actions as Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work deem reasonably necessary and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event thatTenant, within ten (10) days after receiving the Permitted Alterations Noticedemand therefor by Landlord, shall provide Landlord determineswith such security as Landlord shall reasonably require, in its reasonable discretionan amount equal to 120% of the cost of such alterations, that installations, improvements, additions or other physical changes, as reasonably estimated by Landlord's architect, engineer or contractor. All Alteration(s) requiring the proposed Alterations are consent of Landlord shall be performed only under the supervision of an independent licensed architect approved by Landlord, which approval shall not Permitted Alterationsbe unreasonably withheld, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXconditioned or delayed.
Appears in 1 contract
Samples: Lease Agreement (Musicmaker Com Inc)
Alterations. A. (a) Tenant shall not may, at any time and from time to time during the term of this Lease, at its sole cost and expense, make or cause to be made any alterations, additions, renovationsinstallations, substitutions, improvements or installations and decorations (hereinafter collectively called "Changes") in or and to the Leased Premises without Landlord’s prior consentPremises, which excluding structural changes, on the following conditions, and providing such consent Changes will not result in a violation of or require a change in the Certificate of Occupancy applicable to the Premises:
(i) The outside appearance, character or use of the Building shall not be unreasonably withheldaffected, unless Landlord reasonably determines that and no Changes shall weaken or impair the proposed Alterations could (i) affect structural strength or, in the exterior or common areas opinion of Landlord, lessen the value of the Building or adversely affect create the Building’s structure or safety; potential for unusual expenses to be incurred upon the removal of Changes and the restoration of the Premises upon the termination of this Lease.
(ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems No part of the Building or outside of the functioning thereof; Premises shall be physically affected.
(iii) be or become visible from the exterior The proper functioning of the Leased Premises or the Building; or (iv) interfere with the operation any of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbingsanitary and other service systems or installations of the Building ("Service Facilities") shall not be adversely affected and there shall be no construction which might interfere with Landlord's free access to the Service Facilities or interfere with the moving of Landlord's equipment to or from the enclosures containing the Service Facilities.
(iv) In performing the work involved in making such Changes, HVAC Tenant shall be bound by and sprinkler systems within observe all of the conditions and covenants contained in this Paragraph.
(v) All work shall be done at such times and in such manner as Landlord from time to time may designate.
(vi) Tenant shall not be permitted to install and make part of the Premises any materials, fixtures or serving articles which are subject to liens, conditional sales contracts or chattel mortgages.
(vii) At the Leased Premisesdate upon which the term of this Lease shall end, or the date of any earlier termination of this Lease, Tenant shall on Landlord's written request restore the Premises to their condition prior to the making of any Changes permitted by this Paragraph, reasonable wear and tear excepted.
(b) Before proceeding with any Change (exclusive of changes to items constituting Tenant's personal property), Tenant shall submit to Landlord plans and specifications for the work to be done, which shall require Landlord's written approval. Landlord shall then prepare or cause to be prepared, at Tenant's expense, mechanical, electrical and plumbing drawings and may confer with consultants in connection with the preparation of such drawings and may also submit to such consultant(s) any of the plans prepared by Tenant. If Landlord consents or such consultant(s) shall disapprove of any of the Tenant's plans Tenant shall be advised of the reasons of such disapproval. In any event, Tenant agrees to pay to Landlord, as additional rent, the cost of such consultation and review immediately upon receipt of invoices either from Landlord or such consultant(s). Any Change for which approval has been received shall be performed strictly in accordance with the approved plans and specifications, and no amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord.
(c) If the proposed Change requires approval by or notice to the lessor of a superior lease or the holder of a mortgage, no Change shall be proceeded with until such approval has been received, or such notice has been given, as the case may be, and all applicable conditions and provisions of said superior lease or mortgage with respect to the proposed Change or alteration have been met or complied with at Tenant's expense; and Landlord, if it approves the Change, will request such approval or give such notice, as the case may be.
(d) After Landlord's written approval has been sent to Tenant and the approval by or notice to the lessor of a superior lease or the holder of a superior mortgage has been received or given, as the case may be, Tenant shall enter into an agreement for the performance of the work to be done pursuant to this Paragraph with Landlord's contractor. In any event, Tenant agrees to pay to Landlord, at Landlord's option, in advance of construction based upon Landlord's cost estimates, or as additional rent, the cost of such construction immediately upon receipt from Landlord of invoices from time to time during the course of such construction. All costs and expenses incurred in Changes shall be paid by Tenant within seven (7) days after each billing by Landlord or any such alterationscontractor or contractors. If Landlord approves the construction of specific interior improvements in the Premises by contractors or mechanics selected by Tenant and approved by Landlord, additionsthen Tenant's contractors shall obtain on behalf of Tenant and at Tenant's sole cost and expense, renovations(i) all necessary governmental permits and certificates for the commencement and prosecution of Tenant's Changes and for final approval thereof upon completion, improvements and (ii) a completion and lien indemnity bond, or installations other surety, satisfactory to Landlord, for the Changes. In the event Tenant shall request any changes in the work to be performed after the submission of the plans referred to in this Paragraph 14, such additional changes shall be subject to the same approvals and notices as the changes initially submitted by Tenant, Landlord shall have the right .
(but not the obligatione) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord for Landlord's services in the event Landlord performs as a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred general contractor in connection with the management or supervision work performed pursuant to this Paragraph 14, a fee equal to seven percent (7%) of such work by the total cost of the changes, and Landlord's reasonable overhead related thereto.
B. Notwithstanding anything contained in this Section 9.03, Tenant (f) All Changes and the performance thereof shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but at all times comply with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental authorities, agencies, offices, departments, bureaus and boards having jurisdiction thereof, (ii) all rules, orders, directions, regulations and requirements of the Building Pacific Fire Rating Bureau, or of any similar insurance body or bodies, and (iii) all rules and regulations of Landlord, and Tenant shall cause Changes to be performed in compliance therewith and in good and first class workmanlike manner, using materials and equipment at least equal in quality and class to the structure or safety original installations of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) . Changes shall be or become visible from the exterior of the Leased Premises or Building; (iv) performed in such manner as not to interfere with the occupancy of any other tenant in the Building nor delay or impose any additional expense upon Landlord in construction, maintenance or operation of the Building Building, and shall be performed by Contractors or the provision of services or utilities mechanics approved by Landlord and submitted to Tenant pursuant to this Paragraph, who shall coordinate their work in cooperation with any other tenants in work being performed with respect to the Building; . Throughout the performance of Changes, Tenant at its expense, shall carry, or cause to be carried, workmen's compensation insurance in statutory limits, and general liability insurance for any occurrence in or about the Building, of which Landlord and its managing agent shall be named as parties insured, in such limits as Landlord may reasonably prescribe, with insurers reasonably satisfactory to Landlord all in compliance with Subparagraph 21 (vb).
(g) cost more than Twenty Thousand Dollars ($20,000.00) in Tenant further covenants and agrees that any twelve (12) month period; and (vi) require a permit. In mechanic's lien filed against the event thatPremises or against the Building for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within ten (10) days after receiving the Permitted Alterations Noticefiling thereof, at the cost and expense of Tenant. All alterations, decorations, additions or improvements upon the Premises, made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, panelling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the term hereof, except that Landlord may by written notice to Tenant, given at least thirty (30) days prior to the end of the term, require Tenant to remove all partitions, counters, railings and the like installed by Tenant, and Tenant shall repair any damage to the Premises arising from such removal or, at Landlord's option, shall pay to the Landlord all of Landlord's costs of such removal and repair.
(h) All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant and may be removed by Tenant at any time during the lease term provided Tenant is not in default hereunder, and provided further that Tenant shall repair any damage caused by such removal. If Tenant shall fail to remove all of its effects from said Premises upon termination of this Lease for any cause whatsoever, Landlord determinesmay, at its option, remove the same in its reasonable discretionany manner that Landlord shall choose, and store said effects without liability to Tenant for loss thereof, and Tenant agrees to pay Landlord upon demand any and all expenses incurred in such removal, including court costs and attorneys' fees and storage charges on such effects for any length of time that the proposed Alterations are not Permitted Alterationssame shall be in Landlord's possession or Landlord may, at its option, without notice, sell said effects, or any of the same, at private sale and so notifies Tenantwithout legal process, Tenant shall apply for Landlord’s consent for such Alterations price as Landlord may obtain and apply the proceeds of such sale upon any amounts due under this Lease from Tenant to Landlord and upon the expense incident to the removal and sale of said effects.
(i) Subject to Landlord's agreement to minimize any disturbance of Tenant's use of the Premises, Landlord reserves the right at any time and from time to time without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor or otherwise affecting Tenant's obligations under this Lease, to make such changes, alterations, additions, improvements, repairs or replacements in accordance or to the Site or the Building (including the Premises if required so to do by any law or regulation) and the fixtures and equipment thereof, as well as in or to the street entrances, halls, passages and stairways thereof, to change the name by which the Building is commonly known except as controlled by the signage provision, Rider #5, between Landlord and Tenant in that Lease dated April 22, 1991, as Landlord my deem necessary or desirable. Nothing contained in this Paragraph 14 shall be deemed to relieve Tenant of any duty, obligation or liability of Tenant with respect to making any repair, replacement or improvement or complying with any law, order or requirement of any government or other authority and nothing contained in this Paraxxxxx 00, xxxxx xx xxxmed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the provisions care, supervision of repair of the Building or any part thereof other than as otherwise provided in this Article IXLease.
Appears in 1 contract
Samples: Lease Agreement (Synon Corp)
Alterations. A. Tenant shall not make or cause to be made any alterations, additions, renovations, improvements or installations in or to the Leased Premises without Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the sole and complete right to make Permitted Alterations (hereinafter defined) in the Leased Premisesand authority, without Landlord’s consent or approval but subject to the provisions contained in any REAs and Overleases relating to alterations, to alter or change each Property Location in any way, including, without limitation, dividing each Property Location (but with twenty excluding any subdivision of any land) and adding additional signage; provided that (20i) days Tenant gives Landlord prior written notice of any material alterations, and (ii) at any one time Tenant may not make any proposed structural alterations to any Property Location in excess of Two Million Dollars ($2,000,000) per Lease Year, increased annually based on increases in the CPI (the “Permitted Alterations NoticeAlteration Cap”), without Landlord’s prior written consent, which notice consent shall contain not be unreasonably, withheld, conditioned or delayed, it being understood, however, that the refusal or failure of Landlord’s Mortgagee to grant consent (to the extent required and applicable) to the alterations shall be a description reasonable basis for Landlord to withhold its consent. For the purposes of this Lease, the term “structural” shall mean the roof, foundation or load-bearing walls of any Building. In addition, Tenant shall not demolish, replace or materially alter any structural or non-structural portions of any Building or any other improvements located on a Property Location, or any part thereof, or make any addition thereto, whether voluntary or in connection with a repair or Restoration (as defined in Section 14.01) required by this Lease (collectively, the “Capital Improvement”), unless Tenant shall comply with the following requirements:
(a) Each Capital Improvement, when completed, shall be of such a character as not to materially reduce the value of the Permitted Alterations proposed applicable Property Location below its value immediately before construction of such Capital Improvement was commenced;
(b) Each Capital Improvement shall be made with reasonable diligence (subject to Force Majeure) and in a good and workmanlike manner and in compliance with all applicable permits and authorizations and, as applicable, any of the REAs and Overleases. No Capital Improvement shall impair the safety or structural integrity of the applicable Building;
(c) In connection with the construction of any Capital Improvement, the applicable Property Location and the assets of Landlord shall (subject to the provisions of Article 26) at all times be free of liens for work, services, labor and materials supplied or claimed to have been supplied to the applicable Property Location;
(d) No structural Capital Improvement shall be undertaken without obtaining the insurance required by Section 6.01 hereof, and “all risk” builder’s risk property insurance for the full replacement cost of the subject Capital Improvement on a completed value basis;
(e) No Capital Improvement shall be undertaken until Tenant shall have procured and paid for, insofar as the same may be required from time to time, all permits and authorizations of all governmental authorities for such Capital Improvement. Landlord shall join in the application for such permit or authorization and cooperate with Tenant and state execute any additional documents as may be necessary to allow Tenant to complete the alterations and changes, provided it is made without cost, liability, obligation or expense to Landlord. Tenant agrees that such Alterations are Permitted Alterations). A Permitted Alteration it will defend, indemnify and hold harmless the Landlord Indemnified Parties from and against any and all Losses arising from or related to construction of any Capital Improvements and any failure to comply with the requirements in connection with a Capital Improvement as described in this Section;
(f) All Capital Improvements shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas be deemed a part of the Building Premises and, except as set forth in Section 7.02, belong to Landlord at the expiration or the structure or safety early termination of the BuildingTerm, and Tenant shall execute and deliver to Landlord such instruments as Landlord may require to evidence the ownership by Landlord of such Capital Improvements; and
(iig) affect Excluding Capital Improvements required as a result of any condemnation or casualty or required to comply with Legal Requirements, the electricalmaximum costs of Capital Improvements that are not substantially complete or not fully paid for by Tenant, plumbingat any one time, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand shall not exceed Thirty Million Dollars ($20,000.00) 30,000,000), increased annually based on increases in any twelve (12) month period; and (vi) require a permitthe CPI. In Upon completion of the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies TenantCapital Improvements, Tenant shall apply for Landlordpromptly provide Landlord with (1) an architect’s consent for such Alterations certificate certifying that the Capital Improvements have been completed in accordance conformity with the provisions plans and specifications therefor (if the alterations are of this Article IXsuch a nature as would customarily require the issuance of such certificate from an architect), (2) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy under applicable Laws), and (3) any other documents or information reasonably requested by Landlord.
Appears in 1 contract
Samples: Master Lease (Spirit MTA REIT)
Alterations. A. Tenant shall not make or cause permit alter Premises unless and until the plans have been approved by Landlord in writing. As a condition of such approval, Landlord may require Tenant to be made any alterations, additions, renovations, improvements or installations in or to remove the alterations and restore the Leased Premises without upon termination of this Lease; otherwise, all such alterations shall at Landlord’s prior consent's option become a part of the realty and the property of Landlord, which such consent and shall not be unreasonably withheldremoved by Tenant. Landlord shall notify Tenant what alterations need to be removed at the time Landlord provides its approval to such alterations. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, unless Landlord reasonably determines that regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the proposed Alterations could (i) affect the exterior or common areas original construction of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to Upon completion of the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03work, Tenant shall have provide a final affidavit of lien waiver from the right general contractor who shall be required to make Permitted Alterations (hereinafter defined) obtain lien waivers from its subcontractors, and such lien waiver shall be in a form acceptable to Landlord or as provided by the laws of the State of Kentucky. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, without Landlord’s and nothing in this Lease shall be construed to constitute a consent (but with twenty (20) days prior written notice (by Landlord to the “Permitted Alterations Notice”), which notice shall contain a description creation of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations)any lien. A Permitted Alteration shall mean If any cosmetic Alterations in lien is filed against the Leased Premises that could not (i) affect the exterior for work claimed to have been done for or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities material claimed to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies have been furnished to Tenant, Tenant shall apply for Landlord’s consent for cause such Alterations lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all reasonable costs, losses, expenses and attorneys' fees in accordance connection with the provisions of this Article IXany construction or alteration and any related lien.
Appears in 1 contract
Samples: Lease Agreement (Viacell Inc)
Alterations. A. (a) Except as set forth in this PARAGRAPH 8 or in PARAGRAPH 12, Tenant shall not make or cause to be made any alterations, installations, changes, replacements, additions, renovations, or improvements (structural or installations otherwise) (each an "ALTERATION") in or to the Leased Premises or any part thereof without the consent of Landlord’s prior consent; PROVIDED, which such consent HOWEVER, that Landlord shall not be unreasonably withheldwithhold, unless Landlord reasonably determines that condition or delay its consent to any of the proposed Alterations could (i) same which do not affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the structural, mechanical, electrical, hydraulic, plumbing, fire/life/safety heating, ventilating or mechanical (including HVAC) air conditioning systems of serving either the Building or the functioning thereofPremises. All Alterations in the Premises (whether installed with or without Landlord's consent), shall at the election of Landlord remain in the Premises and be surrendered with the Premises at the expiration of this Lease without disturbance, molestation or injury; (iii) FURTHER PROVIDED, HOWEVER, that any and all manufacturing items or other items of Tenant's personalty shall remain Tenant's property and shall be removed by Tenant upon the expiration or become visible from the exterior earlier termination of the Leased Term. Should Landlord elect that Alterations made by Tenant in the Premises be removed upon expiration or termination of this Lease, Tenant shall cause same to be removed and to repair any damage caused thereby and restore the Building; or (iv) interfere Premises at Tenant's sole cost and expense and Tenant shall reimburse Landlord for the cost of such removal together with the operation any and all damages which Landlord may suffer and sustain by reason of the Building or failure of Tenant to remove the provision of services or utilities same and to other tenants in the Buildingrepair and restore as set forth above. Tenant shall similarly restore any damage resulting from its removal of its personal property.
(b) Landlord is delivering the Premises to Tenant in no event make their "AS IS" condition, without any representation or permit warranty of any kind, express or implied, as to their condition and without any obligation to perform any work or to pay for any third party or Tenant to perform any work. By its execution of this Lease, Tenant acknowledges that it has inspected Building and the Land and that they are in condition satisfactory to Tenant.
(c) All of Tenant's work shall be done by contractors acceptable to Landlord in its reasonable discretion. Alterations by Tenant, including any initial build-out, shall be coordinated with any work being performed by Landlord. As further conditions to Landlord's approval of any proposed Alterations or additions by Tenant which are to be made any alterationsby a contractor, modificationTenant shall cause the contractor(s) and subcontractor(s) to carry workmen's compensation insurance in statutory amounts, substitution or other change builder's risk insurance and comprehensive public liability insurance with limits as approved by Landlord, and Tenant shall deliver to the mechanical, electrical, plumbing, HVAC Landlord certificates of all such insurance. Tenant's work shall be performed in a first-class and sprinkler systems within or serving the Leased Premiseslien-free manner. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord Tenant shall have the right (but not the obligation) in its sole discretion to manage or supervise such be Landlord's agent for purposes of this work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord be solely responsible for overhead and administrative costs and expenses incurred in connection with the management any mechanics' or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, materialmen's lien arising therefrom; Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premisespay, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description bond or otherwise release of the Permitted Alterations proposed to be undertaken by Tenant and state that record any such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, lien within ten (10) days after receiving notice of its existence.
(d) Tenant shall promptly pay for any work done or material furnished in or about the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that Premises and shall not permit or suffer any lien to attach to the proposed Alterations are not Permitted AlterationsPremises, and so notifies Tenant, Tenant shall apply for indemnify and save Landlord harmless from and against any loss, liability, cost, or expense which may be incurred by Landlord with respect to any such lien or claim of lien. Tenant shall promptly cause any such liens which have arisen by reason of any work claimed to have been undertaken by or through Tenant to be released by payment, bond or otherwise within thirty (30) days after request by Landlord’s consent for such Alterations . Tenant shall have no authority or power, express or implied, to create or cause any lien, charge, or encumbrance of any kind against the Premises or the Building. Tenant shall notify all of its contractors and materialmen in accordance with writing that any liens relating to any work ordered by Tenant shall attach to Tenant's leasehold estate in the provisions of this Article IXPremises and shall not encumber Landlord's interest in the Premises or the Building.
Appears in 1 contract
Samples: Lease Agreement (MPW Industrial Services Group Inc)
Alterations. A. (A) Tenant, upon notice to and coordination with Landlord, but without obtaining Landlord’s consent, may make Alterations which (x)(i) do not affect any structural or mechanical portion of the Building or Building Systems, (ii) do not require that a building permit be obtained, and (iii) are of a decorative nature such as painting, carpeting, wall covering, and the like and (y) when added with any other similar Alterations within the prior twelve month period, costs less than $75,000 in the aggregate (a “Decorative Alteration”). Tenant shall not make or cause permit to be made any alterations, additions, renovations, improvements or installations in or to the Leased Premises other Alterations without Landlord’s prior written consent, which such consent shall not be unreasonably withheld, unless conditioned or delayed, provided that (1) the outside appearance of the Building shall not be affected; (2) the strength of the Building shall not be affected; (3) the structural parts of the Building shall not be affected; (4) no part of the Building outside of the Premises shall be affected; and (5) the proper functioning of the Building Systems shall not be adversely affected and the use of such systems by Tenant shall not be increased beyond Tenant’s allocable portion of reserve capacity thereof, if any. Reference is made to Schedule B hereto, which contains the Building Rules and Building Standards for Alterations applicable to the Building, which is incorporated by reference in this Lease. Landlord reasonably determines reserves the right to make reasonable changes and additions thereto, that are generally applicable to all tenants of the proposed Alterations could Building; provided, however, that such changes or additions shall not conflict with the express provisions of this Lease.
(1) Prior to making any Alterations, Tenant shall, at Tenant’s expense, (i) affect other than with respect to Decorative Alterations, submit to Landlord six sets of blue lines of final, stamped and detailed plans and specifications (including layout, architectural, electrical, mechanical and structural drawings) that comply with all Laws for each proposed Alteration, and Tenant shall not commence any such Alteration without first obtaining Landlord’s approval of such plans and specifications, which approval shall not be unreasonably withheld, conditioned or delayed, (ii) at Tenant’s expense, obtain all permits, approvals and certificates required by any Government Authorities with respect to such Alterations, and (iii) furnish to Landlord certificates evidencing worker’s compensation insurance (covering all persons to be employed by Tenant, and Tenant’s contractors and subcontractors, in connection with such Alteration) and copies of Tenant’s policies of commercial general liability insurance (including premises operation, bodily injury, personal injury, death, independent contractors, products and completed operations, broad form contractual liability and broad form property damage coverages) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably approve, naming Landlord and its agents, any Lessor and any Mortgagee, as additional insureds. Upon completion of such Alteration, Tenant, at Tenant’s expense, shall obtain certificates of final approval of such Alterations required by any Government Authority (including the exterior Landmarks Preservation Commission) and shall furnish Landlord with copies thereof, together with the “as-built” plans and specifications for such Alterations. All Alterations shall be made and performed substantially in accordance with the plans and specifications therefor as approved by Landlord, all Laws and the Rules and Regulations. All materials and equipment to be incorporated in the Premises as a result of any Alterations shall be first quality and no such materials or common areas equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. In addition, except for Decorative Alterations, any Alteration for which the cost of labor and materials (as estimated by Landlord’s architect, engineer or contractor) is in excess of Seventy-Five Thousand ($75,000.00) Dollars, shall be performed only under the supervision of a licensed architect reasonably satisfactory to Landlord.
(2) Landlord shall endeavor to respond to the proposed plans and specifications referred to in Section 6.1 (B)(1)(i) within ten (10) Business Days after submission (and within five (5) Business Days after any resubmission, if required), but Landlord shall have no liability to Tenant by reason of Landlord’s failure to respond within such time period. If Landlord shall fail to respond within such time period, however, Landlord’s approval of such plans and specifications shall be deemed granted, provided that Tenant shall have sent Landlord a second request for approval containing the following language in eighteen-point print: “THIS IS A SECOND REQUEST FOR APPROVAL OF THE PROPOSED PLANS AND SPECIFICATIONS. IF LANDLORD DOES NOT RESPOND TO THIS REQUEST WITHIN FIVE (5) BUSINESS DAYS, LANDLORD’S APPROVAL SHALL BE DEEMED GRANTED PURSUANT TO THE PROVISIONS OF THE LEASE” and Landlord shall have failed to respond within such time period. Landlord reserves the right to disapprove any plans and specifications in part, to reserve approval of items shown thereon pending its review and approval of other plans and specifications, and to condition its approval upon Tenant making reasonable revisions to the plans and specifications or supplying additional information. Any disapproval by Landlord shall specify its reasons for disapproval with sufficient specificity to enable Tenant to amend its plans and specifications. Tenant agrees that any review or approval by Landlord of any plans and/or specifications with respect to any Alteration is solely for Landlord’s benefit, and without any representation or warranty whatsoever to Tenant or any other Person with respect to the adequacy, correctness or sufficiency thereof or with respect to Laws or otherwise.
(C) Except as otherwise provided in the Building Rules and Building Standards for Alterations, Tenant shall be permitted to perform Alterations during Operating Hours, provided that such work does not unreasonably interfere with or unreasonably interrupt the operation and maintenance of the Building or adversely affect unreasonably interfere with or unreasonably interrupt the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems use and occupancy of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, provided that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for not be entitled to have any construction material delivered, or any construction debris removed, during Operating Hours on Business Days, except as set forth in Section 28.1(B). Otherwise, Alterations shall be performed at Tenant’s expense and at such times and in such manner as Landlord may from time to time reasonably designate. All Alterations (but not Tenant’s Property) shall become a part of the Building and shall be Landlord’s consent for such Alterations in accordance property from and after the installation thereof and may not be removed or changed without Tenant’s compliance with the applicable provisions of this Article IX6. Notwithstanding the foregoing, if on or before the date Landlord approves Tenant’s plans and specifications (or other documentation) for such Alterations, Landlord notifies Tenant that Landlord is reserving the right to require Tenant to remove any Alterations designated by Landlord as specialty Alterations (“Specialty Installations”) which shall be only those that exceed the customary standard types of alterations for general, executive and administrative business offices in Manhattan, then Landlord, prior to the Fixed Expiration Date or within 15 days after any earlier termination of this Lease, may require Tenant to remove such Specialty Installations and to repair and restore in a good and workmanlike manner to Building standard condition (reasonable wear and tear excepted) any damage to the Premises or the Building caused by such removal. Without limiting the foregoing, upon the Expiration Date or the earlier termination of the Term, Tenant shall be obligated to remove any wiring and cabling from the raceways and conduits located in the Premises and installed by Tenant. All Tenant’s Property shall remain the property of Tenant and, on or before the Expiration Date or earlier end of the Term, may be removed from the Premises by Tenant at Tenant’s option, provided, however, that Tenant shall repair and restore in a good and workmanlike manner to Building standard condition (reasonable wear and tear excepted) any damage to the Premises or the Building caused by such removal. The provisions of this Section 6.1(C) shall survive the expiration or earlier termination of this Lease.
(1) All Alterations shall be performed, at Tenant’s sole cost and expense (but subject to the Tenant Improvement Allowance), by contractors and subcontractors selected by Tenant and approved by Landlord and under the supervision of a construction or project manager selected by Tenant and approved by Landlord, which approval in any such cases shall not be unreasonably withheld, conditioned or delayed. Prior to making any Alteration, at Tenant’s request, Landlord shall furnish Tenant with a list of contractors who may perform Alterations to the Premises on behalf of Tenant. If Tenant shall enter into a contract with any contractor set forth on the list, within six months after Landlord shall furnish Tenant with such list, Tenant shall not be required to obtain Landlord’s consent to such contractor unless, prior to entering into a contract with such contractor or the commencement of work by the contractor, Landlord notifies Tenant that such contractor has been removed from the list.
(2) Notwithstanding the foregoing, with respect to any Alteration affecting the Class E Systems or security systems of the Building, (i) Tenant shall employ Landlord’s or the Manager’s designated contractor, and (ii) the Alteration shall, at Tenant’s reasonable expense, be designed by either Landlord’s or the Manager’s engineer. In addition, Landlord’s or the Manager’s designated expediter shall review any filings with, or other submissions to, applicable Government Authorities in connection with any of Tenant’s Alterations.
(1) Any mechanic’s lien filed against the Premises or the Real Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be cancelled or discharged by Tenant, by payment or filing of the bond required by law, within thirty (30) days after notice to Tenant that such lien shall have been filed, and Tenant shall indemnify and hold Landlord harmless from and against any and all costs, expenses, claims, losses or damages resulting therefrom by reason thereof.
(2) If Tenant shall fail to discharge such mechanic’s lien within the aforesaid period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or bonding, and in any such event, Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such mechanic’s lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor, with interest, costs and allowances.
(3) Any amount paid by Landlord for any of the aforesaid charges and for all reasonable expenses of Landlord (including, but not limited to, reasonable attorneys’ fees and disbursements) incurred in defending any such action, discharging said lien or in procuring the discharge of said lien, with interest on all such amounts at the maximum legal rate of interest then chargeable to Tenant from the date of payment, shall be repaid by Tenant within thirty (30) days after written demand therefor, and all amounts so repayable, together with such interest, shall be considered Additional Rent.
Section 6.2 (A) In the case of Alterations costing in excess of $75,000, Tenant shall pay to the Manager a fee (the “Alteration Fee”) equal to $5,000 per month (prorated for a partial month) during the performance of such Alterations. Such Alteration Fee or any portion thereof shall be paid by Tenant to the Manager within five (5) Business Days after demand therefor. Notwithstanding the foregoing, Tenant shall not be obligated to pay the Alteration Fee for any Alterations as to which Tenant has engaged Tristar Construction, Sweet Construction or Corporate Interiors as the general contractor, so long as such selected entity is then authorized to perform work in the Building.
Appears in 1 contract
Alterations. A. Tenant (1) Owner shall not make unreasonably withhold its consent to any non-structural "Alterations" (as such term is hereinafter defined), provided such Alterations are performed only by contractors or cause to be made mechanics approved by Owner and (a) in the sole opinion of Owner, the Alterations will not adversely effect the proper functioning of the Building's mechanical, electrical, sanitary, plumbing, heating, air-conditioning, ventilating, utility or any alterationsother service systems, additions(b) the Alterations will not result in a violation of, renovationsor require a change in, improvements or installations in or any certificate of occupancy applicable to the Leased Premises without Landlord’s prior consentdemised premises or the Building, which such consent shall not be unreasonably withheld(c) the character, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior outside appearance, usefulness or common areas rentability of the Building or adversely affect any part thereof will not be affected in any way, and such Alterations will not, in the Building’s sole opinion of Owner, weaken or impair (temporarily or permanently) the structure or safety; lessen the value or utility of the demised premises or the Building either in the course of the making of such Alterations or upon their completion, and (iid) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems no part of the Building or the functioning thereof; (iii) be or become visible from the exterior outside of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Buildingdemised premises will be physically affected. Tenant shall in no event perform all Alterations at Tenant's sole cost and expense, with due diligence, and shall complete such Alterations within a reasonable time after undertaking the performance of the same. All Alterations shall be done at such times as Owner may from time to time reasonably designate.
(2) For the purpose of this Lease, the term "Alteration" shall mean any alteration, installation, addition or improvement which Tenant shall make or permit perform to the demised premises at any time during the Lease Term, including all initial alterations, installations, additions or improvements proposed to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted to adapt the demised premises for those business purposes permitted by this Lease (collectively, the "Tenant's Initial Alterations"). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IX.
Appears in 1 contract
Alterations. A. Notwithstanding any provision in this Lease to the contrary, except for Permitted Alterations, Tenant shall not make or cause to be made any alterationsAlterations without the prior written consent and approval of Landlord, additionswhich consent and approval may be withheld, renovations, improvements conditioned or installations delayed in or to the Leased Premises without Landlord’s prior consentsole and absolute discretion; provided, which such however, that:
9.3.1.1. Landlord’s consent shall not be unreasonably withheldrequired for any Permitted Alterations (such that, unless Landlord reasonably determines by way of example only, Landlord’s consent would be required for the installation of overhead ladder racks that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change are attached to the mechanicalceiling, electrical, plumbing, HVAC and sprinkler systems within but Landlord’s consent would not be required for the installation of equipment which does not involve drilling into the floor or serving the Leased Premisesceiling);
9.3.1.2. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right right, at its sole cost and expense and subject to make Permitted Alterations Landlord’s approval of the plans and specifications therefor and the contractors who shall perform such work, to: (hereinafter defineda) install its own security system (“Tenant’s Security System”) within the Datacenter Space and (b) to integrate Tenant’s Security System and management systems into Landlord’s Building security system and Building management systems; provided, further that: (i) Tenant shall furnish Landlord with a copy of all key codes, access cards and other entry means and ensure that Landlord shall have access to the Datacenter Space at all times, (ii) Tenant shall ensure that Tenant’s Security System shall comply with all applicable Laws, and (iii) in no event shall Landlord be liable for the Leased Premisesmalfunctioning of Tenant’s Security System, without Landlord’s consent except in the event of gross negligence or willful misconduct on the part of Landlord or the Landlord Parties, and Tenant shall indemnify, defend and hold the Landlord Parties harmless from and against all Claims arising or relating thereto; and
9.3.1.3. Tenant shall give Landlord not less than seven (but with twenty (207) days business days’ prior written notice before commencing any Alterations (the “Permitted Alterations Notice”)including, which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are but not limited to, any Permitted Alterations)) so as to permit Landlord to post appropriate notices of non-responsibility. A Permitted Alteration shall mean If reasonably required by Landlord within three (3) business days written notice prior to commencing any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlordalso secure, prior to commencing any Alterations, at Tenant’s consent sole expense, a completion and lien indemnity bond satisfactory to Landlord for such Alterations in accordance with the provisions of this Article IXwork.
Appears in 1 contract
Samples: Wholesale Datacenter Lease (Box Inc)
Alterations. A. Tenant shall not (a)Tenant may, at any time and from time to time during the Term of this Lease but subject to Landlord’s approval pursuant to Subparagraph 14(b), at its sole cost and expense, make or cause to be made any alterations, additions, renovationsinstallations, substitutions, improvements or installations and decorations (hereinafter collectively called (“Changes”) in or and to the Leased Premises, excluding structural changes, on the following conditions, and providing such Changes will not result in a violation of or require a change in the Certificate of Occupant (or its equivalent) applicable to the Premises:
(i) The outside appearance, character or use of the Premises without Landlord’s prior consent, which such consent shall not be unreasonably withheldaffected, unless Landlord reasonably determines that and no Changes shall weaken or impair the proposed Alterations could (i) affect structural strength or, in the exterior or common areas sole opinion of Landlord, lessen the value of the Building Premises or adversely affect create the Building’s structure or safety; potential for unusual expenses to be incurred upon the removal of Changes and the restoration of the Premises upon the termination of this Lease.
(ii) adversely affect in The proper functioning of any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC sanitary and sprinkler other service systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenantof the Premises (“Service Facilities”) shall not be adversely affected and there shall be no construction which might interfere with Landlord’s free access to the Service Facilities.
(iii) In performing the work involved in making such Changes, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead be bound by and administrative costs observe all of the conditions and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything covenants contained in this Section 9.03Paragraph 14.
(iv) All work shall be done at such times and in such manner as Landlord from time to time may reasonably designate.
(v) Tenant shall not be permitted to install and make part of the Premises any materials, fixtures or articles which are subject to liens, conditional sales contracts or chattel mortgages.
(vi) At the date upon which the Term of this Lease shall end, or the date of any earlier termination of this Lease, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without on Landlord’s consent (but with twenty (20) days written request restore the Premises to their condition prior written notice (to the “Permitted Alterations Notice”)making of any Changes permitted by this Paragraph 14, which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant reasonable wear and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXtear excepted.
Appears in 1 contract
Alterations. A. Tenant Lessee shall not make or cause to be made any no alterations, additionsinstallations, renovations, additions or improvements or installations (hereinafter collectively called "ALTERATIONS") in or to the Leased Demised Premises or the Building (other than Immaterial Alterations, hereinafter defined) without Landlord’s Lessor's prior written consent, which such consent . Consent by Lessor to Lessee's Alterations shall not be unreasonably withheld, unless Landlord reasonably determines conditioned or delayed, except that as to Alterations made subsequent to the proposed Rent Commencement Date, Lessor may withhold its consent for any reason with regard to requested Alterations could (other than Immaterial Alterations) by Lessee which (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be mechanical, plumbing or become visible from the exterior electrical systems of the Leased Premises or the Building; , or (ivii) interfere could cause the imposition of additional costs or obligations on Lessor (which are not reimbursed or reimbursable by Lessee to Lessor's reasonable satisfaction). Except with the operation of the Building or the provision of services or utilities respect to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Immaterial Alterations (hereinafter defined) ), Lessee, at its sole cost and expense, shall provide Lessor with a copy of the original or revised full-floor mechanical and electrical plans for the floor or floors on which the Alterations are to be made, revised by the Building architect and engineers to show Lessee's proposed Alterations. If any Alterations are made without the prior written consent of Lessor (where such consent is required), Lessor may correct or remove the same, and Lessee shall be liable for any and all expenses incurred by Lessor in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted performance of this work. All Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not made (i) affect the exterior or common areas of the Building or the structure or safety of the Building; at Lessee's sole expense, (ii) affect the electricalat such times and in such manner as Lessor may reasonably designate, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; in a good, workmanlike, first class and prompt manner, (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; using new materials only, (v) cost more than Twenty Thousand Dollars ($20,000.00) in accordance with all applicable legal requirements and the requirements of any twelve (12) month period; and insurance company insuring the Building, (vi) require a permit. In the event that, within ten in accordance with Lessor's reasonable Construction Rules and (10vii) days after receiving the Permitted Alterations Notice, Landlord determines, only by such contractors or mechanics as are approved in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations writing by Lessor in accordance with the provisions next following sentence. Approval of this Article IX.contractors or mechanics by Lessor, which approval may not be unreasonably withheld, shall be based upon the contractors or mechanics being properly licensed, their financial posture, experience and past job performance. An "
Appears in 1 contract
Alterations. A. Tenant may at its or a Subtenant’s sole or shared cost and expense, make any additions, replacements, changes, alterations, installations, repairs or improvements to the applicable Private Facilities (“Alterations”) that Tenant or a Subtenant determines are desirable, necessary or appropriate, which are consistent with the requirements of this Lease and any applicable Sublease; except that Tenant shall not make or cause to be made any alterationsnot, additions, renovations, improvements or installations in or to the Leased Premises without Landlord’s prior and any Fee Mortgagees’ consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could conditioned or delayed: (i) affect the exterior demolish all or common areas substantially all of the Building or adversely affect Private Facilities (other than the Building’s structure or safetyExisting Improvements); (ii) adversely affect in any respect alter the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems Residential Buildings so as to reduce the aggregate net rentable square footage of the Building Residential Buildings by 25% in a single alteration or in the functioning thereofaggregate with all Alterations with the understanding that the number of units of Hero Housing cannot be reduced; (iii) be reduce the number of keys in the Hotel by 25% in a single alteration or become visible from in the exterior aggregate with all Alterations; (iv) reduce the height of the Leased Premises or the BuildingPrivate Facilities; or (iv) interfere with effectuate a Prohibited Use (each, a “Restricted Alteration”). Notwithstanding the operation of foregoing or anything herein to the Building contrary, (A) Restricted Alterations resulting from a material casualty or the provision of services from a condemnation shall be governed by Article 10 or utilities to other tenants Article 11, as applicable; (B) Landlord’s and Fee Mortgagees’ consent shall not be required in the Building. event Tenant shall in no event make replaces the Private Facilities with substantially similar Private Facilities following the useful life thereof or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month periodotherwise; and (viC) require Tenant improvements pursuant to any Sublease shall not be considered an Alteration for any purpose under this Lease unless such improvements would result in a permitRestricted Alteration. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations No other Alteration performed in accordance with the provisions terms of this Article IXLease that is not a Restricted Alteration shall require Landlord’s prior written consent.
Appears in 1 contract
Samples: Ground Lease Agreement
Alterations. A. 3.1 Tenant shall not make or cause to be made perform or permit the making or performance of, any alterations, additionsinstallations, renovationsimprovements, improvements additions or installations other physical changes in or to about the Leased Premises (hereinafter collectively called "ALTERATIONS") without Landlord’s 's prior consent, which such provided, however, that Landlord's consent shall not be unreasonably withheldrequired for Alterations consisting only of painting, unless Landlord reasonably determines that installing or removing wall covering or carpeting and other similar minor alterations costing less than $15,000 in the proposed aggregate, in each case, which are solely of a cosmetic or decorative nature ("DECORATIVE ALTERATIONS") so long as such Decorative Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become are not visible from the exterior of the Leased Building and provided Tenant shall notify Landlord of the nature of such Decorative Alteration and the contractors to be performing the same at least fifteen (15) days prior to commencement and perform such Decorative Alteration in accordance with all other provisions of this Article 3. Landlord's consent to Alterations may be withheld for any reason or for no reason, provided, however, that with respect to nonstructural Alterations which do not require electrical, plumbing, or HVAC work and which do not affect any other Building systems or space outside of the Premises ("NON-STRUCTURAL ALTERATIONS"), Landlord's consent shall not be unreasonably withheld or delayed.
3.2 All Alterations shall be done in compliance with all applicable laws, regulations and codes, at Tenant's expense and at such times and in such manner as Landlord may from time to time reasonably designate. All Alterations made and installed by Tenant, or at Tenant's expense, upon or in the Premises which are of a permanent nature and which cannot be removed without damage to the Premises or Building shall become and be the property of Landlord, and shall remain upon and be surrendered with the Premises as a part thereof at the end of the term of this Lease, except that Landlord may require as a condition of Landlord granting its consent to any of such Alterations (which requirement Landlord may exercise no later than ten (10) business days after Landlord grants such consent) that, prior to the termination of the Lease and Tenant's surrender of the Premises, any of such Alterations shall be removed and, in the event of service of such notice, Tenant will, at Tenant's own cost and expense, remove the same in accordance with such request, and restore the Premises to its original condition, ordinary wear and tear and casualty excepted. All furniture, furnishings and movable fixtures and partitions installed by Tenant and all Alterations in and to the Premises which may be made by Tenant at its own cost and expense prior to and during the Term, or any renewal thereof, shall remain the property of Tenant and upon the Expiration Date or earlier end of the Term or any renewal thereof, shall be removed from the Premises by Tenant, provided, however, that Tenant shall repair any damage to the Premises or the Building; or Building caused by such removal.
3.3 Prior to making any Alterations, Tenant (ivi) interfere with the operation of the Building or the provision of services or utilities shall submit to other tenants in the Building. Tenant shall in no event make or permit to be made any alterationsLandlord detailed plans and specifications (including layout, modificationarchitectural, substitution or other change to the mechanical, electrical, plumbingplumbing and structural drawings) for each proposed Alteration (other than Decorative Alterations not requiring plans to be submitted to, HVAC or permits to be obtained from, any governmental authority) and sprinkler systems within or serving the Leased Premises. If Landlord consents to shall not commence any such alterationsAlteration (other than a Decorative Alteration not requiring Landlord's consent) without first obtaining Landlord's approval of such plans and specifications, additions(ii) shall, renovationsat its expense, improvements obtain all permits, approvals and certificates required by any governmental or installations quasi-governmental bodies and furnish copies of the same to Landlord, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration), comprehensive public liability insurance (including property damage coverage, completed operations/product liability),and builder's risk insurance (issued on a completed value basis), all in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. With respect only to the plans and specifications for the initial Alterations to be performed by Tenant in the Premises in connection with Tenant's initial build-out of the Premises ("Initial ------- Alterations"), Landlord shall have notify Tenant of its approval or disapproval of ----------- the right same within five (but not the obligation5) in its sole discretion to manage or supervise such work and business days after Landlord's receipt thereof. Tenant shall pay to Landlord a reasonable fee an amount equal to ten percent (10%) of the cost of the Alterations (other than Tenant's Initial Alterations and any Decorative Alterations) to compensate Landlord for Landlord's indirect costs, field supervision and coordination in connection with the work. In addition, Tenant agrees to reimburse Landlord for overhead and administrative costs and Landlord's out-of-pocket expenses incurred in connection with the management Landlord's (or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined's agents) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description review of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenantof receipt of an invoice. Before commencing any work, Tenant shall apply furnish to Landlord such bonds for payment and completion or such other security for completion thereof and payment therefor as Landlord shall reasonably require and in such form as is reasonably satisfactory to Landlord and in an amount which shall be 120% of Landlord’s consent 's estimate of the cost of performing such work. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof, together with copies of "as-built" plans for such Alteration.
3.4 Prior to commencing any Alteration (including a Decorative Alteration), Tenant shall submit to Landlord for its approval (which shall not be unreasonably withheld or delayed) a list of the contractors and subcontractors (categorized by trade) which Tenant proposes to use or from which Tenant proposes to solicit bids in connection therewith. Tenant shall not commence any Alteration until Landlord has approved of Tenant's proposed contractors or subcontractors. If, prior to or after commencement of any Alteration, there is a change in the contractors or subcontractors, Tenant shall submit a new or supplemental list and the foregoing provisions shall be applicable thereto. Notwithstanding anything to the contrary contained herein, connections to, and disconnections from, the Building's fire safety system, the Building's sprinkler, and the Building's condenser or chilled water system shall be performed, in each case, solely at Tenant's expense, and only by contractors designated by Landlord charging market rates. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined); all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. Any mechanic's lien filed against the Premises, or the Real Property, for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be discharged by Tenant within thirty (30) days thereafter, at Tenant's expense, by payment or filing the bond required by law. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises, and Tenant agrees to so notify any contractor performing work in the Premises. Tenant shall not, at any time prior to or during the Term, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the Premises, whether in connection with any Alteration or otherwise, if, in Landlord's sole discretion, such employment will interfere or cause any conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Building by Landlord, Tenant or others. In the event of any such interference or conflict or if any union establishes a picket line with respect to such employment, and Tenant does not, within 24 hours and without expense to Landlord, obtain an order from a court or governmental agency enjoining such picketing, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Building immediately.
3.5 All Alterations performed by Tenant in and to the Premises shall be done in a fashion such that the Premises and the Building shall be in compliance with the requirements of Local Law 5 of 1973 of The City of New York, as heretofore and hereafter amended ("LOCAL LAW 5 LAWS"). The foregoing shall include, without limitation, (i) compliance with the compartmentalization requirements of Local Law 5, (ii) relocation of existing fire detection devices, alarm signals and/or communication devices necessitated by such Alterations and (iii) installation of such additional fire control or detection devices as may be required by applicable governmental or quasi-governmental rules, regulations or requirements (including, without limitation, any requirements of the New York Board of Fire Underwriters) as a result of Tenant's manner of use of the Premises or the Alterations. Landlord shall not be responsible for any damages to Tenant's fire control or detection devices nor shall Landlord have any responsibility for the maintenance or replacement thereof unless any such damage shall have been caused directly by the negligence or wilful misconduct of Landlord or its agents or employees. Tenant shall submit to Landlord for Landlord's approval all design specifications and requirements prepared in connection with Tenant's installation of said fire control or detection devices. Notwithstanding the foregoing, Landlord will determine what modifications, if any, to the base building fire alarm system will be required as a result of Tenant's fire control system and peripheral devices. Such modifications shall be performed by Landlord at Tenant's sole, but reasonable, cost and expense. All such fire control devices shall be manufactured by a company designated by Landlord charging market rates. In the event a local panel is required to be installed in the Premises in accordance with the foregoing provisions, such local panel shall be a type designated by Landlord.
(A) Subject to the provisions of this Article IXSection 3.6, Landlord shall contribute an amount not to exceed Thirty-Nine Thousand Thirty and 00/100 Dollars ($39,030.00) (the "TENANT FUND") toward (x) the cost of the performance of Tenant's Initial Alterations (other than Soft Costs) to be performed by Tenant in the Premises and (y) the fees of architects, engineers, expediters and consultants incurred in connection with the performance of the Initial Alterations (the costs described in this clause (y) being collectively referred to herein as "SOFT COSTS"). Notwithstanding, the foregoing, Landlord shall not be required to contribute toward Soft Costs an amount in excess of twenty percent (20%) of the Tenant Fund.
(B) Landlord shall disburse a portion of the Tenant Fund to Tenant from time to time, within fifteen (15) business days after receipt of the items set forth in Section 3.6(C) hereof, provided that such request is received by Landlord by the tenth (10th) day of the calendar month in which Landlord receives such request, and further provided that on the date of a request and on the date of disbursement from the Tenant Fund, no Event of Default shall have occurred and be continuing. Disbursements from the Tenant Fund shall not be made more frequently than monthly, and shall be in an amount equal to ninety percent (90%) of the aggregate amount theretofore paid or which is then due (as certified by the chief executive or financial officer of Tenant and Tenant's independent, licensed architect) to Tenant's contractors, subcontractors and materialmen, or on account of Soft Costs which in either case have not been the subject of a previous disbursement from the Tenant Fund; provided, however, that in no event shall Tenant be entitled to a disbursement from the Tenant Fund on account of any Soft Costs (other than architect's and engineer's fees and expenses) unless and until the performance of the Initial Alterations has been completed, and all of the costs incurred in connection therewith (other than Soft Costs) shall have been paid in fall.
(C) Landlord's obligation to make disbursements from the Tenant Fund shall be subject to receipt of: (a) a request for such disbursement from Tenant signed by the chief executive or financial officer of Tenant, together with the certification required by Section 3.6(B) hereof, (b) copies of all receipts, invoices and bills for the work completed and materials furnished in connection with the Initial Alterations and incorporated in the Premises, or with respect to Soft Costs, which in either case have been paid by Tenant or which is then due and for which Tenant is seeking reimbursement, (c) with respect to disbursements of the Tenant Fund to cover costs other than Soft Costs, a certificate of Tenant's independent licensed architect stating (i) that, in his opinion, the portion of the Initial Alterations theretofore completed and for which the disbursement is requested was performed in a good and workerlike manner in accordance with the final detailed plans and specifications for such Initial Alterations, as approved by Landlord, (ii) the percentage of completion of the initial Alteration as of the date of such certificate, and (iii) the estimated total cost to complete the performance of the Initial Alterations, and (d) partial lien waivers, to the extent permitted by law, from each contractor, subcontractor and materialman who performed work in connection with the Initial Alterations, to the extent of the amount theretofore paid to such contractor, subcontractor or materialman.
(D) In no event shall the aggregate amount paid by Landlord to Tenant under this Section 3.6 exceed the amount of the Tenant Fund. Upon the completion of the Initial Alterations (which shall include completion of all "punch list" items and payment of Soft Costs, and satisfaction of the conditions set forth in Section 3.6(E) hereof), any amount of the Tenant Fund which has not been previously disbursed shall be credited by Landlord against the ensuing Rent payments. Upon the disbursement or credit of the entire Tenant Fund, Landlord shall have no further obligation or liability whatsoever to Tenant for further disbursement of any portion of the Tenant Fund to Tenant. It is expressly understood and agreed that Tenant shall complete, at its sole cost and expense, the Initial Alterations, and pay Soft Costs, whether or not the Tenant Fund is sufficient to fund such completion and Soft Costs: provided that, subject to Landlord's reasonable prior approval, in the event of some unforeseen expense, Tenant may eliminate some improvements to keep costs within the amount of the Tenant Fund. Any costs to complete the Initial Alterations and pay Soft Costs in excess of the Tenant Fund shall be the sole responsibility and obligation of Tenant.
(E) Within thirty (30) days after completion of the Initial Alterations, Tenant shall deliver to Landlord final waivers of lien from all contractors, subcontractors and materialmen involved in the performance of the Initial Alterations and the materials furnished in connection therewith, and a certificate from Tenant's independent licensed architect certifying that (i) in his opinion the Initial Alterations have been performed in a good and workerlike manner and completed in accordance with the final detailed plans and specifications for such Initial Alterations as approved by Landlord, and (ii) all contractors, subcontractors and materialmen have been paid for the Initial Alterations and materials furnished through such date.
Appears in 1 contract
Samples: Lease Agreement (Salon Internet Inc)
Alterations. A. Tenant Lessee shall not make any alterations or cause improvements in, or additions to be made any alterationssaid Premises (“Alterations”) without first obtaining the written consent of Lessor, additions, renovations, improvements or installations in or to the Leased Premises without Landlord’s prior consent, which such whose consent shall not be unreasonably withheld; provided however, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior if Lessor has not granted or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents denied its consent to any such proposed Alterations within five (5) business days after its receipt of Lessee’s written request for such approval, then Lessor shall be deemed to have approved such Alterations. All such alterations, additionsadditions and improvements shall be at the sole cost and expense of Lessee and shall become the property of Lessor and shall remain in and be surrendered with the Premises as a part thereof at the termination of this lease, renovationswithout disturbance, improvements molestation or installations injury. Notwithstanding anything to the contrary herein, (a) Alterations and Lessee’s trade fixtures, furniture, equipment and other personal property installed in the Premises (except for any of the foregoing paid for with the proceeds of the Allowance) (“Lessee’s Property”) shall at all times be and remain Lessee’s property, (b) except for Alterations which cannot be removed without structural injury to the Premises, at any time Lessee may remove Lessee’s Property from the Premises, provided that Lessee repairs all damage caused by Tenantsuch removal, Landlord (c) Lessor shall have the right no lien or other interest in any item of Lessee’s Property and (but not the obligationd) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant Lessor shall have the no right to make Permitted Alterations require Lessee to remove any alterations unless it notifies Lessee at the time it consents (hereinafter definedor is deemed to have consented) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice to such alteration that it shall contain a description of the Permitted Alterations proposed require such alteration to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXremoved.
Appears in 1 contract
Alterations. A. 11.2.1 The Tenant shall not make any alterations or cause additions to the Premises except as permitted by this clause 11.
11.2.2 The Tenant shall not make alterations to the structure of the Premises which will, at the date of the Tenant's application to the Landlord for consent to make such alterations, adversely affect the value of the Premises or the Estate or of any adjoining property of the Landlord. The Tenant may make other alterations to the exterior or structure of the Premises with the consent of the Landlord, such consent not to be made unreasonably withheld or delayed and the Landlord shall use reasonable endeavours to respond to any alterationssuch application for consent within 10 Business Days.
11.2.3 Subject to clause 11.2.4 below, additionsthe Tenant shall not make internal, renovationsnon-structural alterations or additions which will or may affect any of the Service Media or any plant or machinery (or any other services or systems) at the Premises or the Estate without the consent of the Landlord, improvements such consent not to be unreasonably withheld or installations delayed.
11.2.4 The Tenant may make other internal, non-structural alterations or alterations to the loading doors at the Premises without the consent of the Landlord but the Tenant shall provide reasonable and proper notice of its intention to carry out any works (having regard to the nature and extent of works proposed) and shall in relation to any such works which it does carry out, carry them out:
(a) and complete them in a good and workmanlike manner, with good quality materials fit for the purpose for which they are required and so as to be free from defects and without using or permitting the use of any material or substance which, at the time of use, does not conform to all relevant British and European standards and codes of practice or which is generally known to the United Kingdom building industry at the time of use to be deleterious to health and safety or to the Leased Premises without Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas durability of the Building or adversely affect works in the Building’s structure or safety; particular circumstances in which it is used;
(iib) adversely affect in accordance in all respects with all relevant legislation and the terms of any respect consents which are required for the electricalworks;
(c) in a manner so as to cause as little inconvenience and annoyance as reasonably possible to the Landlord, plumbing, fire/life/safety or mechanical (including HVAC) systems any superior landlord and the other occupiers of the Building Estate;
(d) so as not to result in the Premises, or the functioning thereof; (iii) be or become visible from the exterior any other part of the Leased Premises Estate, becoming unsafe; and
(e) at its sole risk. and the Tenant shall make good to the Landlord's satisfaction any damage arising out of, or incidental to, the Building; carrying out or (iv) interfere with the operation completion of the Building works and shall provide the Landlord with a set of as-built drawings as soon as reasonably practicable after completion of the alterations or the provision of services or utilities to other tenants in the Building. additions.
11.2.5 The Tenant shall in no event make confirm completion of any alterations or permit to be made any alterations, modification, substitution or other change additions to the mechanicalProperty within 15 Business Days of completion of them and shall provide the Landlord with a set of as-built drawings at the same time.
11.2.6 Unless and to the extent otherwise required by the Landlord, electricalthe Tenant shall, plumbingat the end of the Term, HVAC remove any and sprinkler systems within or serving all alterations and additions made to the Leased Premises. If Landlord consents Premises during the Term and shall reinstate the Premises and make good any damage caused by that removal to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not reasonable satisfaction of the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IX.
Appears in 1 contract
Alterations. A. The Tenant shall not make undertake to perform or cause to be made install any alterations, additions, renovations, improvements or installations in or Alterations to the Leased Premises without the Landlord’s prior consent, written approval (which such consent approval shall not be unreasonably withheld, unless Landlord reasonably determines conditioned or delayed); provided, however, the Landlord’s consent shall not be required for any Alteration that satisfies all of the proposed Alterations could following criteria (a “Minor Alteration”): (i) affect the exterior or common areas of the Building or adversely costs less than $100,000 in any one instance; (ii) will not affect the Building’s structure Systems or safetythe Building’s Structure; and (iii) does not require any type of permit from the applicable governmental agency(ies). The Tenant’s request for such consent shall be in writing and accompanied by an adequate description of the contemplated work, and where appropriate, professionally prepared working drawings, plans and specifications (the “Drawings”) therefor. All Alterations shall be conducted as follows, with Landlords consent not unreasonably withheld:
(a) in a good and workmanlike manner by contractors approved by the Landlord in advance;
(b) in accordance with: (i) Drawings approved by the Landlord prior to the commencement of any of the Alterations; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of Landlord’s design criteria manual for the Building or the functioning thereofPremises; (iii) be any conditions, regulations, procedures or become visible from rules imposed by the exterior Landlord and in compliance with all Applicable Laws. The Landlord, at Tenant’s expense, may elect to retain architects, environmental consultants and engineers to review such Drawings for the purpose of approving the Leased Premises or proposed Alterations (it being understood that notwithstanding such approval, the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have no responsibility with respect to the right adequacy of such Drawings);
(but not c) it is understood and agreed that the obligation) Landlord may condition its consent in its sole discretion if any work to manage be performed by the Tenant may affect the roof, exterior aesthetics, the Building’s Structure, or supervise the Building’s Systems, and any such work and work, if approved by the Landlord, shall be performed by contractors designated or approved by the Landlord;
(d) so as not to disturb, aggravate or add to the Premises any Hazardous Substances designated as such under applicable Environmental Laws;
(e) the Tenant shall pay be responsible for obtaining all necessary permits and licenses, including close-out documents, from governmental authorities with respect to Landlord the Alterations;
(f) the Tenant shall provide, prior to the commencement of Alterations, evidence of required workers’ compensation coverage and proof of owners’ and contractors’ protective liability insurance coverage, with the Landlord, any property manager and any Mortgagee as required by the Landlord, to be named as additional insureds, in amounts, with insurers, and in a form reasonably satisfactory to the Landlord, which shall remain in effect during the entire period in which the Alterations will be carried out. In addition, if reasonably requested by the Landlord, the Tenant shall provide proof of performance and payment bonds being in place;
(g) the Tenant shall utilize licensed contractors and subcontractors for any Alteration, subject to the Landlord’s approval prior to commencement of the Alterations;
(h) all work shall be subject to inspection by and the reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred supervision of the Landlord;
(i) the Tenant shall ensure that all cabling installed in the Premises in connection with the management Tenant’s business in or supervision use of such work by Landlord.the Premises is appropriately labeled. For greater certainty, installation of flammable cabling shall be strictly prohibited;
B. Notwithstanding anything contained in this Section 9.03(j) within thirty (30) days after completion of the Alterations, the Tenant shall have provide the right Landlord with “as-built” plans (which shall not be required for Minor Alterations) completion affidavits, full and final waivers of liens, receipts and bills covering all labor and materials;
(k) if the Tenant fails to make Permitted Alterations observe any of the requirements of this Article, the Landlord may require that construction stop and the Tenant shall, within fifteen (hereinafter defined15) days or such longer period as is reasonably required in the Leased Premisescircumstances to satisfy all requirements of this Article provided the Tenant is proceeding diligently, without failing which, at the Landlord’s consent option, that the Premises be restored to their prior condition or the Landlord may do so and the Tenant shall pay the Landlord’s costs, as Additional Rent, plus the Landlord’s five percent (but with twenty 5%) administration fee; and
(20l) days prior written notice (the “Permitted Alterations Notice”)to commencing any Alterations, which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect Tenant shall comply with N.R.S. Sections 108.2403 and 108.2407 by either (1) obtaining a payment and completion bond as required therein in an amount equal to one and one-half (1.5) times the exterior aggregate contract price for the Alterations or common areas of (2) establishing a construction disbursement account as required therein and funding the Building or account with an amount equal to the structure or safety of aggregate contract price for the BuildingAlterations; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems providing evidence of the Building or the functioning thereofsuch compliance to Landlord; (iii) be or become visible from Tenant shall cause all contractors and subcontractors performing work to the exterior of the Leased Premises or Buildingto procure and maintain insurance coverage naming Landlord and any other parties designated by Landlord as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require; and (iv) interfere Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to Applicable Laws. The Tenant shall pay: (A) all reasonable out-of-pocket costs incurred by the Landlord or its representatives or consultants in connection with (i) the Landlord’s review of the Tenant’s plans and specifications, and (ii) the Landlord’s supervision of the Alterations, and (B) all costs related to loading the Tenant’s “as-built” drawings into the Landlord’s plan management database (the “Additional Charges”). If the Tenant elects to use the Landlord’s project manager or construction manager (the “PM”) as its project manager for the Alterations, the Tenant shall pay, in addition to the Additional Charges, a coordination fee to the PM in an amount of five percent (5%) of the cost of the subject Alteration. The Tenant shall ensure that there are no liens registered or claimed with respect to any part of the Alterations. Notwithstanding anything herein contained, no Alteration to the Premises shall be permitted which may adversely affect the condition or operation of the Building Premises or diminish the value thereof. Landlord’s consent to or approval of any Alteration (or the provision of services plans therefor) shall not constitute a representation or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event thatwarranty by Landlord, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretionnor Landlord’s acceptance, that the proposed Alterations are not Permitted Alterationssame comply with sound architectural and/or engineering practices or with all Applicable Laws, and so notifies Tenant, Tenant shall apply be solely responsible for Landlord’s consent for ensuring all such Alterations in accordance with the provisions of this Article IXcompliance.
Appears in 1 contract
Samples: Industrial Lease (Aqua Metals, Inc.)
Alterations. A. Tenant Lessee shall not make any structural or cause to be made any alterations, additions, renovations, improvements or installations in or exterior alterations to the Leased Premises without Landlord’s prior Lessor's written consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in Lessee at its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant cost shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premisesmake, without Landlord’s consent Lessor's consent, non-structural alterations to the interior of the Premises that Lessee requires in order to conduct its business therein. In making any alterations having a value greater than one thousand (but $1,000.00) dollars that Lessee has the right to make, Lessee shall comply with twenty the following:
A. The alterations shall not be commenced until seven (207) days prior written after Lessor has received notice (from Lessee stating the “Permitted Alterations Notice”)date the alterations are to commence.
B. The alterations shall be in conformance with all applicable local agency permits, which notice shall contain including but not limited to State or Federal laws and regulations and all required local building and/or fire Marshall permits. Lessee will procure all permits at Lessee's xxxxxxx.
C. The performed in a description of the Permitted Alterations proposed to be undertaken by Tenant and state manner that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could will not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the quiet enjoyment of the other Lessees in the building in which the Premises are located. At the option of Lessor, Lessee shall have the obligation to remove from the Premises immediately before the expiration of the Term, alterations Lessee has made to the Premises. Lessee will be responsible for any damage to the premises as a result of the removal of any alterations. Any alterations that Lessor does not require Lessee to remove shall become the property of Lessor. All tenant improvements installed in Lessee's space prior to the original occupancy date shall remain as the Lessor's property, and shall not be removed by Lessee. The Lessee shall not cause any mechanic's liens (excepting those arising by operation of law securing the Building payment of monies not yet due and payable) to be filed against the premises subject to this Lease, and Lessee shall indemnify, hold harmless, and commit not waste upon or to the provision Premises subject to this Lease, and upon expiration of services or utilities this Lease, the Lessee shall surrender to other tenants Lessor the Premises subject to this Lease in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) same order and condition in any twelve (12) month period; which Lessee received the Premises, the effects of ordinary wear and (vi) require a permit. In the event thattear, within ten (10) days after receiving the Permitted Alterations NoticeActs of God, Landlord determinescasualty, in its reasonable discretioninsurrection, that the proposed Alterations are not Permitted Alterationsriot, public disorder, disrepair occasioned by Lessor's failure to perform under section 5.01, or permanent alterations, additions, and improvements made by Lessee excepted.
SECTION 12.01 - SIGNS: Lessee, at its cost, shall have the right to place, construct, and maintain an exterior sign on the east entrance of the leased premises advertising its business. Lessor shall have the right to approve such signs, and any sign that Lessee has the right to place, construct, and maintain shall comply with all applicable laws. Upon termination of the tenancy herein created, Lessee shall remove any sign so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with placed and repair any damage or injury to the provisions of this Article IXPremises caused thereby.
Appears in 1 contract
Alterations. A. (a) Tenant shall not may, at its expense, make or cause additions to be made any alterations, additions, renovations, improvements or installations in or and alterations of the Improvements to the Leased Premises without Landlord’s prior consentPremises, and make substitutions and replacements therefore, provided that: (i) Landlord approves any addition to or structural alteration to the Premises, after having received from Tenant a complete plans and specification for the proposed work, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems market value of the Building or the functioning thereofPremises shall not thereby be lessened; (iii) be such addition or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere alteration is architecturally consistent with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Buildingexisting Improvements; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants such actions shall be performed in the Buildinga good and workmanlike manner; (v) cost more than Twenty Thousand Dollars ($20,000.00) such work shall not violate any term of any restriction to which the Premises are subject or the requirements of any insurance policy required to be maintained by Tenant hereunder, and shall be expeditiously completed in any twelve (12) month periodcompliance with all Applicable Laws; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, no Improvements shall be demolished unless Tenant shall apply have first furnished Landlord with such surety bonds or other security acceptable to Landlord as shall be necessary to assure rebuilding of such Improvements. Tenant shall promptly pay all costs and expenses of each such addition, alteration, additional Improvement, substitution or replacement, discharge all liens arising therefrom and procure and pay for Landlord’s consent for all permits and licenses required in connection therewith. All such Alterations in accordance with additions, alterations, additional Improvements substitutions and replacements shall be and remain part of the provisions realty and the property of Landlord and shall be subject to this Article IXLease. Tenant may place upon the Premises any inventory, trade fixtures, machinery or equipment belonging to Tenant or third parties and may remove the same at any time during the Terms. Tenant shall repair any damage to the Premises caused by such removal.
Appears in 1 contract
Alterations. A. Tenant The Licensor consents to Licensee carrying out the Works. The Licensee shall not make carry out any alterations or cause to be made any alterations, additions, renovations, improvements or installations in or additions to the Leased Premises Property (except the Works) without Landlord’s the prior consent, written consent of the Licensor (which such consent shall not be unreasonably withheld, unless Landlord reasonably determines withheld or delayed in respect of internal non-structural alterations that the proposed Alterations could (i) affect the exterior or common areas of the Building or do not adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems and fabric of the Building Landlord’s Property or the functioning thereofService Media). The Licensee is under no obligation to carry out the Works, but if it does carry out the Works then the Licensee agrees to carry out and complete the Works: in a good and workmanlike manner, with good quality materials fit for the purpose for which they are required; (iii) be or become visible from in accordance in all respects with all relevant legislation and the exterior terms of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change all consents which have been notified to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the BuildingLicensee; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions requirements of the insurers of the Property which have been notified to the Licensee; without using or permitting the use of any material or substance which, at the time of use, does not conform with all relevant British and European standards and codes of practice or which is generally known to the United Kingdom building industry at the time of use to be deleterious to health and safety or to the durability of the Works in the particular circumstances in which it is used; to the reasonable satisfaction of the Licensor and to the satisfaction of the insurers of the Property, any competent authority and any other person whose consent to or approval of the Works is required; in a manner so as to cause as little nuisance as reasonably possible to the Licensor and to the owners and occupiers of any adjoining or neighbouring property; so as not to result in the Property any adjoining or neighbouring property becoming unsafe; and at the Licensee’s sole risk. The Licensee shall make good to the Licensor’s satisfaction any damage arising out of or incidental to the carrying out or completion of the Works. On completion of the Works, the Licensee’s obligations shall apply to the Property in its then altered state. The Licensee agrees for the purposes of the Construction (Design and Management) Regulations 2015 to be treated as the only client in relation to the Works and shall comply in all respects with such regulations to the extent that they may apply to the Works. At the end of the Licence Period (howsoever determined), the Licensee shall remove the Works and reinstate the Property to the layout and condition before the carrying out of the Works (as evidenced by the Schedule of Condition) and shall make good any damage caused by such removal and reinstatement to the satisfaction of the Licensor. The Licensee accepts the Property in its present condition as evidenced by the Schedule of Condition. The Licensee agrees and undertakes: to keep the Property clean, tidy and clear of rubbish and to properly dispose of all clinical and medical waste; to maintain the Property in the same state of repair and decorative condition it is in as at the date of this Article IXLicence as evidenced by the Schedule of Condition; and at the end of the Licence Period to leave the Property in a clean and tidy condition and otherwise in accordance with the Licensee’s obligations in clause 5.7 and this clause 6 and to remove the Licensee's furniture equipment and goods from the Property. Nothing in this clause 6 shall require the Licensee to maintain the structure and fabric of the Property save to the extent that: such repair or maintenance is necessitated as a consequence of the use of the Property during the Licence Period or the acts or omissions of the Licensee or other authorised occupier or their respective employees, agents or contractors or others for whom they are responsible in law; or the Property is damaged by any risk which the Licensor has insured against and such insured risk damage has been caused by, or payment of any insurance money is refused as a consequence of, the acts or omissions of the Licensee or other authorised occupier or their respective employee, agents or contractors or others for whom they are responsible in law. If reasonably required having regard to the nature of the Property, the Permitted Use and appropriate guidance, then at the end of the Licence Period the Licensee shall clean and disinfect the Property to the standards set out in the appropriate guidance for the disinfection of healthcare environments potentially contaminated with Covid 19 as issued by the ECDC (European Centre for Disease Prevention and Control) and / or the NHS in its Health Building Notes and Health Technical Memoranda applicable, and in both cases or such equivalent ECDC guidance or NHS Standards as apply to such cleaning, disinfection and decontamination at the time it is carried out.
Appears in 1 contract
Samples: Licence to Occupy
Alterations. A. (a) Tenant shall not make or cause to be made any alterationsmay, additionsat its own expense, renovations, improvements or installations in or to the Leased Premises and without Landlord’s 's prior consent, make such changes, alterations, additions or improvements to the Premises ("Alterations") and install such Tenant's Property in the Premises as will, in the judgment of Tenant, better adapt the same for its needs, provided that Tenant complies with the following provisions:
(i) The Alterations shall not result in a violation of or require a change in any certificate of occupancy applicable to the Premises.
(ii) The outside appearance of the Premises shall not be materially adversely affected; in the reasonable judgment of Landlord and Tenant such Alterations shall not weaken or impair the structure, or materially reduce the value of the Premises.
(iii) The proper functioning of the building equipment shall not be materially adversely affected in the reasonable judgment of Landlord and Tenant.
(iv) At Landlord's request, Tenant shall submit to Landlord three (3) copies of final plans and specifications for the Alterations.
(v) Upon completion of any Alterations (other than decorations), Tenant shall upon Landlord's request deliver to Landlord three (3) copies of the "as-built" plans for such Alterations.
(vi) In the event that the cost of the Alteration exceeds Fifty Thousand Dollars ($50,000), Tenant shall notify Landlord in writing of such Alterations prior to commencement of such Alteration.
(b) With respect to any Alterations that do not comply with Paragraphs 16(a)(i) through 16(a)(iii), Tenant must obtain Landlord's prior written consent which such consent shall not be unreasonably withheld, unless Landlord reasonably determines delayed or qualified.
(c) Tenant agrees that the proposed all Alterations could shall at all times comply with all applicable Legal Requirements and that Tenant, at its expense, shall (i) affect obtain all necessary municipal and other governmental permits, authorizations, approvals and certificates for the exterior or common areas construction of the Building or adversely affect the Building’s structure or safety; such Alterations, (ii) adversely affect deliver a copy of such items to Landlord and (iii) cause all Alterations to be constructed in a good and workmanlike manner.
(d) Throughout the making of all Alterations (other than mere decorations), Tenant, at its expense, shall carry or cause its contractors to carry (i) workers' compensation insurance in statutory limits covering all persons employed in connection with such Alterations, and (ii) general commercial liability insurance covering any respect occurrence in or about the Premises in connection with such Alterations which complies with the requirements of Paragraph 20.
(e) Subject to the other terms of this Paragraph 16(e), Tenant shall indemnify Landlord against liability for any and all mechanics' and other liens filed in connection with the Alterations. Subject to the other terms of this Paragraph 16(e), Tenant, at its expense, shall procure the discharge of any such lien within ninety (90) days after the filing thereof against any part of the Premises. If Tenant fails to discharge or bond over any such lien within such ninety (90) day period, then, in addition to any other right or remedy, Landlord may, upon giving fifteen (15) days prior written notice to Tenant, discharge the same either by paying the amount claimed to be due or by deposit or bonding proceedings if Tenant has not discharged the lien within the fifteen (15) day notice period provided herein. Any amount so paid by Landlord, and all costs and expenses incurred by Landlord in connection therewith, shall be payable by Tenant fifteen (15) days after written notice to Tenant.
(f) Subject to Paragraph 16(g) below and except for items constituting Tenant's Property, all Alterations and appurtenances attached to or built into the Premises at the commencement of or during the Term, whether or not at the expense of Tenant, and whether or not Landlord's consent is required (collectively "Fixtures"), shall be and remain a part of the Premises, shall be deemed the property of Landlord as of the date such Fixtures are completed, attached to or built into the Premises and shall not be removed by Tenant. Subject to the foregoing, Fixtures shall include electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems heating and sprinkling equipment, fixtures, outlets, venetian blinds, partitions, gates, doors, vaults, paneling, molding, shelving, radiator enclosures, cork, rubber, linoleum and composition floors, ventilating, silencing, air conditioning and cooling equipment, and all fixtures, equipment and appurtenances located on and used in the maintenance and operation of the Building Premises. Any Alterations which shall involve the removal of any Fixtures that are not outdated or obsolete shall be promptly replaced, at Tenant's expense and free of superior title, liens, security interests and claims, with like property, of at least equal quality and value. Under no circumstances, shall Tenant be required at any time to remove or restore (i) any Alterations that do not require Landlord's consent, (ii) any Alterations that do require Landlord's consent, unless Landlord, at the functioning thereoftime it gives such consent, expressly requires in writing removal or restoration of such Alterations; or (iii) be any partitions, flooring, floor covering, pipes, wires, conduits running through a floor, ceiling, or become visible from the exterior of the Leased Premises partition, provided these are cut off or the Building; or (iv) interfere capped in accordance with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlordall applicable Legal Requirements.
B. (g) Notwithstanding anything contained in this Section 9.03Lease to the contrary, including without limitation, Paragraph 16(f), the following property ("Tenant's Property") shall be and remain the property of Tenant: (i) any and all fixtures, equipment and other property used in connection with the operation of Tenant's business within the Premises, including property that may be affixed to the Premises ; (ii) moveable laboratory equipment; and (iii) custom-made chemical hoods (if any) used in Tenant's laboratory work; and, (iv) all additional personal property owned or leased by Tenant. Tenant shall have the right right, at Tenant's option, to make Permitted Alterations (hereinafter defined) in remove the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible Tenant's Property from the exterior Premises upon the expiration or earlier termination of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations this Lease in accordance with the provisions requirements of this Article IXParagraph 16 and Paragraph 49.
Appears in 1 contract
Samples: Lease Agreement (Dt Industries Inc)
Alterations. A. (a) Tenant may make or suffer to be made any non-structural alterations, additions or improvements in, on or to the Premises or any part thereof ("ALTERATIONS"), provided Tenant shall not make any Alterations which would (i) reduce by more than $250,000 (as determined with respect to each Alterations project) the fair market value of the Premises (determined without regard to the existence of this Lease), (ii) create a hazardous or cause illegal condition or violate any Legal Requirements, (iii) change the intended use of the Premises from the use permitted under Paragraph 3, (iv) increase the risk of a violation of any Environmental Law or otherwise increase any environmental risk to the Premises, (v) result in the rescinding or adverse modification of any waiver or stand-still agreement as to environmental compliance matters, zoning or any other Legal Requirements granted by any Governmental Authority, without, in each such case, submitting a written request for and obtaining the prior written consent of Landlord, which consent may be made withheld in Landlord's absolute discretion (Alterations described in any alterationsone or more of the foregoing clauses (i) -- (v) being referred to as "RESTRICTED ALTERATIONS"). Redecoration of the interior of the Premises, additionssuch as painting, renovationswallpapering, improvements replacement of light fixtures or installations floor covering, and installation or deinstallation of artworks shall not constitute Alterations for purposes of this Lease. Moreover, Tenant shall not be required to obtain the prior written consent of Landlord as to non-structural alterations consisting solely of the reconfiguration of offices, workstations, support spaces and common areas in the Premises which are not Restricted Alterations ("PERMITTED OFFICE RECONFIGURATIONS"). Without limitation of Landlord's right to withhold its consent to Restricted Alterations, (A) Landlord may withhold its consent if an Event of Default then exists and (B) any consent to the making of Restricted Alterations may be conditioned on the requirement that Tenant remove any such Restricted Alterations at the end of the Term (as it may be extended) and put the Premises back into its former condition, and repair any damage to the Premises caused thereby. In the event that the projected cost of any proposed Alterations (exclusive of Permitted Office Reconfigurations) exceeds $10,000,000, (i) Tenant shall not commence the work until and unless Landlord shall have approved plans and specifications for such Alterations, which approval shall not be unreasonably withheld or delayed, and (ii) upon Landlord's written request, Tenant shall submit the written opinion of an MAI appraiser reasonably acceptable to Landlord (or other evidence reasonably acceptable to Landlord) that the proposed Alterations shall not reduce the fair market value of the Premises (determined without regard to the existence of this Lease) by more than $250,000. In the event Tenant makes any changes in or to any mechanical component of the Leased Premises (for example, a portion of the HVAC system), Tenant shall install mechanical equipment of equal or greater quality, functionality and utility. Notwithstanding anything in this Lease to the contrary, without Landlord’s 's prior consent, written consent (which such consent shall not be unreasonably withheld, unless Landlord reasonably determines delayed or conditioned), no Alterations shall be made to the Premises that the proposed Alterations could consist of (i) affect the exterior construction of any new or common areas additional buildings or major structures or material additions to or expansions of the Building or adversely affect the Building’s structure or safety; any existing Improvements, (ii) adversely affect in the demolition of any respect the electricalImprovements or any material portions thereof, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior material modification of any structural components of the Leased Premises or the Building; or Improvements.
(ivb) interfere All Alterations shall be constructed in a good and workmanlike manner in compliance with the operation of the Building or the provision of services or utilities to other tenants in the Buildingall Legal Requirements. Tenant shall satisfy the following conditions in no event make or permit to be made any alterationsconnection with all Alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right including Permitted Office Reconfigurations:
(but not the obligation1) in its sole discretion to manage or supervise such work and Tenant shall pay or cause to be paid the entire cost of such Alterations;
(2) Tenant shall take all necessary steps to prevent the imposition of liens against the Premises as a result of such Alterations;
(3) Tenant shall obtain and pay for all building, occupancy and other required permits and shall comply with all applicable Legal Requirements and deliver copies of all such permits to Landlord as soon as reasonably possible following issuance thereof;
(4) Tenant shall cause the construction of Alterations, once commenced, to be diligently pursued to completion;
(5) If the Alterations include any changes or new matter which would be shown on an updated ALTA/ACSM Class A Urban survey of the Premises (including Table A and other items customarily required by institutional lenders), then Tenant shall obtain and submit to Landlord, promptly following substantial completion of the Alterations, a reasonable fee revised ALTA/ACSM Class A Urban survey of the Premises certified, and in a form reasonably satisfactory, to reimburse Landlord;
(6) Except for Permitted Office Reconfigurations, Tenant shall provide Landlord with plans and any change orders for overhead all Alterations as soon as reasonably possible following substantial completion of the Alterations; and
(7) If the Alterations, together with any other related Alterations or series of related Alterations are reasonably expected to cost in excess of $10,000,000 in the aggregate, Tenant shall provide to Landlord (i) a construction budget showing all "hard" and administrative "soft" costs and expenses to be incurred in connection with all such Alterations, plus a reasonable contingency, and (ii) a proposed schedule of construction for the management or supervision of such work by LandlordAlterations.
B. (c) Notwithstanding anything contained to the contrary stated in this Section 9.03Paragraph 11, in the event Tenant is required to make Alterations to the Premises in order to comply with any Legal Requirements, Tenant shall have (to the right maximum extent reasonably possible in compliance with all Legal Requirements) satisfy the conditions specified in clauses (1) through (7) of this Paragraph 11 with respect to such Alterations and make or cause to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect manner which will have the exterior or common areas least negative impact on the market value of the Building or the structure or safety Premises.
(d) Except as Landlord and Tenant otherwise agree in writing, all Alterations other than Severable Additions shall at once become a part of the Building; realty and belong to Landlord. Severable Additions, movable furniture, furnishings, decorations, art work, trade fixtures and other personal property of Tenant and its sublessees may be removed from the Premises upon or at any time prior to the expiration or earlier termination of this Lease, provided that Tenant shall repair any damage to the Premises resulting from such removal. For purposes of this Lease, the term "SEVERABLE ADDITIONS" shall mean all additions to the Premises prior to or during the Term which (ii1) affect are readily removable without causing more than de minimus damage to the electricalPremises, plumbing(2) will not reduce the value, fire/life/safety useful life or mechanical systems utility of the Building or the functioning thereof; Premises if removed, (iii3) be or become visible from the exterior are not required for lawful occupancy of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; Premises, and (vi4) require a permit. In have been paid for by Tenant after the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions date of this Article IXLease. The obligations of Tenant under this Paragraph 11 shall survive expiration or earlier termination of this Lease.
Appears in 1 contract
Alterations. A. Tenant shall may not make any improvement, alteration, addition or cause change to be made any alterations, additions, renovations, improvements or installations in the Premises or to any mechanical, plumbing or HVAC facilities or other systems serving the Leased Premises (an “Alteration”) without Landlord’s prior consent, which such consent shall be requested by Tenant not less than 30 days before commencement of work and shall not be unreasonably withheld, unless conditioned or delayed by Landlord. Notwithstanding the foregoing, provided that Landlord reasonably determines receives 10 business days’ prior notice, Landlord’s prior consent shall not be required for any Alteration that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safetyis decorative in nature; (ii) adversely affect in any respect is not visible from outside the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereofPremises; (iii) be does not affect any system or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety structural component of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; and (iv) interfere with does not require work to be performed inside the operation walls or above the ceiling of the Building Premises (a “Cosmetic Alteration”). For any Alteration, (a) Tenant, before commencing work, shall deliver to Landlord, and obtain Landlord’s approval of, which approval shall not be unreasonably, withheld, conditioned, or delayed, plans and specifications (provided, however, that for Cosmetic Alterations, Tenant may satisfy this requirement by delivery of a reasonably detailed description of the provision of services or utilities to other tenants in the BuildingCosmetic Alteration); (vb) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determinesLandlord, in its reasonable discretion, that may require Tenant to obtain security for performance satisfactory to Landlord; (c) Tenant shall deliver to Landlord “as built” drawings (in CAD format, if reasonably requested by Landlord) (other than in the proposed Alterations are not Permitted case of Cosmetic Alterations, in which case no such drawing shall be required), completion affidavits (other than in the case of Cosmetic Alterations, in which case no such affidavits shall be required), full and so notifies Tenantfinal lien waivers, and all governmental approvals; and (d) Tenant shall apply for pay Landlord upon demand (i) Landlord’s consent for such Alterations reasonable out- of-pocket expenses incurred in accordance with reviewing the provisions work, and (ii) a coordination fee equal to 3% of the cost of the work; provided, however, that this Article IXclause (d) sentence shall not apply to any Tenant Improvements constructed pursuant to Exhibit B, if any or to any Cosmetic Alterations.
Appears in 1 contract
Samples: Sublease (NeurogesX Inc)
Alterations. A. (a) Tenant shall not may, at any time and from time to time during the term of this Lease, at its sole cost and expense, make or cause to be made any alterations, additions, renovationsinstallations, substitutions, improvements or installations and decorations (hereinafter collectively called "changes" and, as applied to changes provided for in or this Paragraph, "Tenant's Changes") in and to the Leased Premises without Landlord’s prior consentPremises, which excluding structural changes, on the following conditions, and provided such consent changes will not result in a violation of or require a change in the Certificate of Occupancy or any laws applicable to the Premises:
(1) The outside appearance, character or use of the Building shall not be unreasonably withheldaffected, unless Landlord reasonably determines that and no Tenant's Changes shall weaken or impair the proposed Alterations could (i) affect structural strength or, in the exterior or common areas opinion of Landlord, lessen the value of the Building or adversely affect create the Building’s structure or safety; potential for unusual expenses to be incurred upon the removal of Tenant's Changes and the restoration of the Premises upon the termination of this Lease.
(ii2) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems No part of the Building or the functioning thereof; (iii) be or become visible from the exterior outside of the Leased Premises or the Building; or shall be physically affected.
(iv3) interfere with the operation The proper functioning of the Building or the provision any of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbingsanitary and other service systems or installations of the Building ("Service Facilities") shall not be adversely affected and there shall be no construction which might interfere with Landlord's free access to the Service Facilities or interfere with the moving of Landlord's equipment to or from the enclosures containing the Service Facilities.
(4) In performing the work involved in making such changes, HVAC Tenant shall be bound by and sprinkler systems within observe all of the conditions and covenants contained in this Paragraph.
(5) All work shall be done at such times and in such manner as Landlord from time to time may designate, and shall meet or serving exceed the Leased Premisesstandards for materials and construction procedures set forth in Exhibit "C" to this Lease.
(6) Tenant shall not be permitted to install and make part of the Premises any materials, fixtures or articles which are subject to liens, conditional sales contracts or chattel mortgages.
(7) At the date upon which the term of this Lease shall end, or upon the date of any earlier termination of this Lease, Tenant shall on Landlord's written request restore the Premises to their condition prior to the making of any changes permitted by this Paragraph, reasonable wear and tear excepted.
(b) Before proceeding with any change (exclusive of changes to items constituting Tenant's personal property), Tenant shall submit to Landlord plans and specifications for the work to be done, which shall require Landlord's written approval. Landlord shall then prepare or cause to be prepared, at Tenant's expense, mechanical, electrical and plumbing drawings and may confer with consultants in connection with the preparation of such drawings and also submit to such consultant(s) any of the plans prepared by Tenant. If Landlord consents or such consultant(s) shall disapprove of any of the Tenant's plans, Tenant shall be advised of the reason for such disapproval. In any event, Tenant agrees to any pay to Landlord, as additional rent the cost of such alterationsconsultation and review immediately upon receipt of invoices either from Landlord or such consultant(s).
(c) If the proposed change requires approval by or notice to the lessor of a superior lease or the holder of a mortgage, additionsno change shall proceed until such approval has been received, renovationsor such notice has been given, improvements as the case may be, and all applicable conditions and provisions of said superior lease or installations mortgage with respect to the proposed change or alteration have been met or complied with at Tenant's expense; and Landlord, if it approves the change, will request such approval or give such notice, as the case may be. Any change for which approval has been received shall be performed strictly in accordance with the approved plans and specifications, and no amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord.
(d) After Landlord's written approval has been sent to Tenant and the approval by or notice to the lessor of a superior lease or the holder of a superior mortgage has been received or given, as the case may be, Tenant shall enter into an agreement for the performance of the work to be done pursuant to this Paragraph with Landlord or, at Landlord's option, Tenant may choose from an approved list to be submitted by Landlord on request by Tenant, Landlord shall have so long as Landlord's contractor performs that portion of the right (but not work which affects the obligation) in its sole discretion mechanical, plumbing, electrical or fire protection systems of the Building. In any event, Tenant agrees to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee (on account for the contractor, if other than Landlord), as additional rent 50% of the estimated cost of such construction immediately upon approval of such work by Landlord and shall pay, as additional rent, the balance of the actual cost of such construction immediately upon receipt from Landlord of invoices from time to reimburse Landlord for overhead and administrative time during the course of such construction. At Landlord's option, such payments shall be made directly to the contractor performing such work. All costs and expenses incurred in connection with Tenant's Changes shall be paid by Tenant within seven (7) days after each billing by Landlord or any such contractor or contractors. If Landlord approves the management or supervision construction of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) specific interior improvements in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken Premises by other contractors chosen by Tenant from a list prepared by Landlord at Tenant's request, then Tenant's contractors shall obtain on behalf of Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not at Tenant's sole cost and expense, (i) affect all necessary governmental permits and certificates for the exterior or common areas commencement and prosecution of the Building or the structure or safety of the Building; Tenant's Changes and for final approval thereof upon completion, and (ii) affect a completion and lien indemnity bond, or other surety bond, in form and substance and issued by a surety satisfactory to Landlord, for the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permitTenant's Changes. In the event thatTenant shall request any changes in the work to be performed after the submission of the plans referred to in this Paragraph 14, such additional changes shall be subject to the same approvals and notices as the changes initially submitted by Tenant.
(e) All Tenant's Changes and the performance thereof shall at all times comply with (i) all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental authorities, agencies, offices, departments, bureaus and boards having jurisdiction thereof, (ii) all rules, orders, directions, regulations and requirements of the Pacific Fire Rating Bureau, or of any similar insurance body or bodies, and (iii) all rules and regulations of Landlord, and Tenant shall cause Tenant's Changes to be performed in compliance therewith and in a good and first class workmanlike manner, using materials and equipment at least equal in quality and class to the original installations of the Building. Tenant's Changes shall be performed in such manner as not to interfere with the occupancy of any other tenant in the Building nor delay, or impose any additional expenses upon Landlord in the construction, maintenance or operation of the Building, and shall be performed by contractors or mechanics approved by Landlord and submitted to Tenant pursuant to this Paragraph, who shall coordinate their work in cooperation with any other work being performed with respect to the Building. Throughout the performance of Tenant's Changes, Tenant, at its expense, shall carry, or cause to be carried, workmen's compensation insurance in statutory limits, and general liability insurance for any occurrence in or about the Building, of which Landlord and its managing agent shall be named as parties insured, in such limits as Landlord may reasonably prescribe, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Tenant's Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant's Changes.
(f) Tenant further covenants and agrees that any mechanic's lien filed against the Premises or against the Building for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within ten (10) days after receiving the Permitted Alterations Noticefiling thereof, at the cost and expense of Tenant. All alterations, decorations, additions or improvements upon the Premises, made by either party, including (without limiting the generality of the foregoing) all wall-covering, built-in-cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the Lease term, except that Landlord may by written notice to Tenant, given at least thirty (30) days prior to the end of the Lease term, require Tenant to remove all partitions, counters, railings and the like installed by Tenant, and Tenant shall repair any damage to the Premises arising from such removal or, at Landlord's option, shall pay, as additional rent, to the Landlord all of Landlord's costs of such removal and repair.
(g) All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant and may be removed by Tenant at any time during the Lease Term provided Tenant is not in default hereunder, and provided further that Tenant shall repair any damage caused by such removal. If Tenant shall fail to remove all of its effects from said Premises upon termination of this Lease for any cause whatsoever, Landlord determinesmay, at its option, remove the same in its reasonable discretionany manner that Landlord shall choose, and store said effects without liability to Tenant for loss thereof, and Tenant agrees to pay Landlord, as additional rent, upon demand any and all expenses incurred in such removal, including court costs and attorneys' fees and storage charges on such effects for any length of time that the proposed Alterations are not Permitted Alterationssame shall be in Landlord's possession, or Landlord may, at its option, without notice, sell said effects, or any of the same, at private sale and without legal process, for such price as Landlord may obtain and apply the proceeds of such sale to any amounts due under this Lease from Tenant to Landlord and to the expense incident to the removal and sale of said effects.
(h) Landlord reserves the right at any time and from time to time without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor or otherwise affecting Tenant's obligations under this Lease, to make such changes, alterations, additions, improvements, repairs or replacements in or to the Site and/or the Building (including the Premises if required so to do by any law or regulation) and the fixtures and equipment thereof, as well as in or to the street entrances, halls, passages and stairways thereof, and so notifies Tenantto change the name by which the Building is commonly known, as Landlord may deem necessary or desirable. Nothing contained in this Paragraph 14 shall be deemed to relieve Tenant of any duty, obligation or liability of Tenant with respect to making any repair, replacement or improvement or complying with any law, order or requirement of any government or other authority and nothing contained in this Paragraph 14 shall apply be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for Landlord’s consent for such Alterations the care, supervision or repair of the Building or any part thereof other than as otherwise provided in accordance with the provisions of this Article IXLease.
Appears in 1 contract
Samples: Office Lease (Trylon Corp)
Alterations. A. Tenant shall not make or cause to be made any alterations, additions, renovations, improvements or installations no changes in or to the Leased Demised Premises which are of a structural nature or which affect the exterior of the Building without Landlord’s prior written consent, which consent may be granted or withheld in its sole discretion. Notwithstanding anything contained herein to the contrary (but subject to the requirements set forth in Paragraph 3 of the printed form portion of this lease), Tenant may, upon prior written notice to, but without requiring the consent of, Landlord, perform non-structural and interior Alteration(s) (as hereinafter defined). Further supplementing Paragraph 3 of the printed form portion of this lease, with respect to any and all alterations, installations, additions and improvements (each, an “Alteration” and collectively, “Alterations”) permitted by Landlord to be performed by or on behalf of Tenant in the Demised Premises (including, without limitation, those non-structural, interior Alterations which do not require Landlord’s prior consent), Tenant will deliver to Landlord certificates evidencing Worker’s Compensation Insurance and Contractor’s General Liability Insurance in the amount reasonably satisfactory to Landlord (but in no event less than the amounts set forth in paragraph 59 herein) prior to the commencement of such work. Any and all Alterations and any and all structures or fixtures, except those fixtures described on Exhibit “B” annexed hereto and made a part hereof and/or movable trade fixtures not attached to the realty, installed by or on behalf of Tenant shall be deemed attached to the freehold and automatically become the property of Landlord upon installation, unless Landlord shall elect, in writing, otherwise (such written notice to be delivered to Tenant with Landlord’s consent of the Alteration(s), if consent is required, or within fifteen (15) days after Tenant’s written notice to Landlord of the Alteration(s), if no consent is required). If Landlord elects to have Tenant remove same at the expiration of the term of this lease, Tenant shall, prior to the expiration or sooner termination of the term of this lease, perform such removal and repair, at its own cost and expense, any damage to the Demised Premises caused by said removal. Notwithstanding the foregoing removal requirements, Landlord may, at its option, in lieu of requiring Tenant to perform such removal and restoration, invoice Tenant for the good faith estimated cost for performing such work and Tenant shall pay such invoice, as additional rent, within thirty (30) days of such invoice. Tenant shall not, without the express written consent of Landlord (which consent shall not be unreasonably withheld, unless Landlord reasonably determines that conditioned or delayed), enter upon the proposed roof or attach or install anything thereon or make any Alterations could (i) affect the exterior thereto. With respect to any mechanic’s lien for which Tenant is responsible for removing or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electricalbonding hereunder, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative all costs and expenses incurred by Landlord in connection with therewith (including, without limitation, reasonable attorneys fees and disbursements of Landlord and any sums payable to Landlord’s lender in connection therewith). Supplementing Paragraph 30 of the management or supervision printed form portion of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03lease, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased event Tenant makes any installations, changes, modifications or alterations to the sprinkler systems and/or sprinkler equipment serving the Demised Premises, without same shall be subject to Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description supervisory fee of 5% of the Permitted Alterations proposed cost thereof which shall be payable, as additional rent, to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not Landlord (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electricalor, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for at Landlord’s consent for such Alterations in accordance with the provisions of this Article IXrequest, to Landlord’s construction affiliate).
Appears in 1 contract
Samples: Assignment and Assumption of Lease Agreement (Standard Microsystems Corp)
Alterations. A. (A) Tenant shall not make any Alterations without Landlord's prior consent. Landlord shall not unreasonably withhold or cause delay its consent to be made any proposed nonstructural Alterations, provided that such Alterations (i) are not visible from the outside of the Building, (ii) do not affect (to more than a DE MINIMIS extent) any part of the Building other than the Premises or require any alterations, additionsinstallations, renovationsimprovements, improvements additions or installations other physical changes to be performed in or made to any portion of the Leased Building or the Real Property other than the Premises, (iii) do not affect (to more than a DE MINIMIS extent) any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building, (iv) do not affect the proper functioning of any Building System, (v) do not reduce the value or utility of the Building, and (vi) do not affect the certificate of occupancy for the Building or the Premises. Landlord shall not be deemed to be unreasonable with respect to withholding its consent to any proposed nonstructural Alteration which meets the criteria set forth in this Section 3.1(A) if the Lessor or Mortgagee, as the case may be, shall withhold its consent.
(B) (1) Prior to making any Alterations, including, without limitation, the Initial Alterations, Tenant shall (i) submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, which, in the case of nonstructural Alterations which meet the criteria set forth in Section 3.1(A) above, shall not be unreasonably withheld or delayed, (ii) at Tenant's expense, obtain all permits, approvals and certificates required by any Governmental Authorities, it being agreed that all filings with Governmental Authorities to obtain such permits, approvals and certificates shall be made, at Tenant's expense, by a Person designated by Landlord, and (iii) furnish to Landlord duplicate original policies or certificates thereof of worker's compensation (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably approve, naming Landlord and its agents, any Lessor and any Mortgagee, as additional insureds. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration required by any Governmental Authority and shall furnish Landlord with copies thereof, together with the "as-built" plans and specifications for such Alterations, it being agreed that all filings with Governmental Authorities to obtain such permits, approvals and certificates shall be made, at Tenant's expense, by a Person designated by Landlord. All Alterations shall be made and performed substantially in accordance with the plans and specifications therefor as approved by Landlord, all Requirements, the Rules and Regulations, and all rules and regulations relating to Alterations promulgated by Landlord in its reasonable judgment; provided further, such rules and regulations shall be consistent with those imposed by Landlord on other office tenants of the Building under similar circumstances. All materials and equipment to be incorporated in the Premises as a result of any Alterations or a part thereof shall be first quality and no such materials or equipment (other than Tenant's Property) shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In addition, no Alteration shall be undertaken prior to Tenant's delivering to Landlord either (i) a performance bond and labor and materials payment bond (issued by a surety company and in form reasonably satisfactory to Landlord), each in an amount equal to one hundred ten percent (110%) of the cost of such Alteration (as reasonably estimated by Landlord's architect, engineer, or contractor) or (ii) such other security as shall be reasonably satisfactory to Landlord or required by any Mortgagee or Lessor. If, as a result of any Alterations performed by Tenant, including, without Landlord’s prior consentlimitation, the Initial Alterations, any alterations, installations, improvements, additions or other physical changes are required to be performed or made to any portion of the Building or the Real Property other than the Premises in order to comply with any Requirement(s), which alterations, installations, improvements, additions or other physical changes would not otherwise have had to be performed or made pursuant to applicable Requirement(s) at such time, Landlord, at Tenant's sole cost and expense, may perform or make such alterations, installations, improvements, additions or other physical changes and take such actions as Landlord shall deem reasonably necessary and Tenant, within five (5) days after demand therefor by Landlord, shall provide Landlord with such security as Landlord shall reasonably require, in an amount equal to one hundred ten percent (110%) of the cost of such alterations, installations, improvements, additions or other physical changes, as reasonably estimated by Landlord's architect, engineer or contractor. All Alteration(s) requiring the consent of Landlord shall be performed only under the supervision of an independent licensed architect approved by Landlord, which approval shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IX.
Appears in 1 contract
Samples: Lease Agreement (NBC Internet Inc)
Alterations. A. Tenant TENANT may not, without the prior written consent of LANDLORD (which consent shall not unreasonably be withheld), make or cause to be made any alterations, additions, renovations, improvements or installations in or additions to the Leased Premises leased property, or any substitutions or replacements for any improvements on the leased property, or construct any additional improvements. (To the extent that LANDLORD is not reasonably restricted or prohibited from undertaking to cooperate in additional mortgage financing for additions and improvements to the premises, LANDLORD shall cooperate with TENANT in effecting such financing.) Nevertheless, TENANT may without Landlord’s prior consentLANDLORD's consent - make interior, which such consent non-structural alterations, provided that (a) the market value of the leased property shall not be unreasonably withheldlessened by such alterations and its usefulness shall not be impaired; (b) the alterations shall be performed in a good and workmanlike manner; (c) the alterations shall be expeditiously completed in compliance with all governmental regulations; (d) all work performed in connection with such alterations shall comply with the requirements of all insurance policies on the leased property and with the orders, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas rules and regulations of the Building board of fire underwriters having jurisdiction or adversely affect the Building’s structure or safetyany other body exercising similar functions; (iie) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems TENANT shall promptly pay all costs and expenses of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additionsshall obtain, renovationsin advance of the commencement of such work, improvements or installations waivers of all mechanics' and material men's liens, and shall promptly discharge all liens filed against the leased property by Tenant, Landlord reason of such work; (f) TENANT shall have the right (but not the obligation) in its sole discretion to manage or supervise such work procure and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead any and administrative costs all permits and expenses incurred licenses required in connection with such alterations, if required by any governmental or quasi-governmental body; (g) the management or alterations shall be made under the supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03a qualified architect or engineer; and (h) the alterations shall conform to all regulations and requirements of mortgagees of the leased property and/or providers of grants or loans for the improvement thereof. Prior to the commencement of any alterations to the leased property, Tenant TENANT shall have the right deliver to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain LANDLORD a brief description of the Permitted Alterations proposed work, an original waiver or waivers of mechanics' liens and a copy of any building permit or permits required by governmental regulations (which permit or permits LANDLORD shall reasonably cooperate with TENANT -- and at TENANT's sole expense thereof -- to be undertaken by Tenant and state that such Alterations are Permitted Alterationsobtain). A Permitted Alteration All alterations and improvements shall mean any cosmetic Alterations in be the Leased Premises that could property of LANDLORD and may not be removed by TENANT at the expiration or earlier termination of this Lease. All equipment installed by TENANT whether or not "fixed" to the premises and including but not limited to furniture, furnishings, (i) affect and not a part of improvements made by LANDLORD under Section 5.03, whether affixed to the exterior leased property or common areas not), shall be the sole property of TENANT. TENANT shall remove same before the termination of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible Lease at TENANT's sole expense and TENANT shall pay LANDLORD for any and all damages resulting from the exterior of the Leased Premises installation, location, removal or Building; (iv) interfere with the operation of the Building or the provision of services or utilities failure to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXremove said equipment.
Appears in 1 contract
Alterations. A. Except as provided below, Tenant shall not make or cause to be made any ----------- alterations, additions, renovations, additions or improvements or installations in or to the Leased Premises without Landlord’s the prior consent, written consent of Landlord which such consent shall not be unreasonably withheld. Landlord may not withhold its consent to any alteration, unless Landlord reasonably determines that addition or improvement unless, in Landlord's reasonable determination, the proposed Alterations could (i) affect installation or use of such item would violate Law, would cause the exterior Premises or common areas the use thereof to be in violation of the Building Law, would alter or adversely affect the Building’s structure 's Structure, or safety; would increase Landlord's obligations under Section 4.(a) (iiunless Tenant agrees to pay all additional costs incurred in connection therewith or as a result thereof). Landlord shall not be required to notify Tenant of whether it consents to any alteration, addition or improvements until it (a) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems has received plans and specifications therefor which are sufficiently detailed to allow construction of the Building work depicted thereon to be performed in a good and workmanlike manner, and (b) has had a reasonable opportunity to review them (not to exceed ten business days). If the alteration, addition or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or improvement will affect the Building; 's Structure, HVAC System, life-safety, or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, or plumbing, HVAC systems, then the plans and sprinkler systems within specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord. Landlord's approval of any plans and specifications shall not be a representation that the plans or serving the Leased Premiseswork depicted thereon will comply with Law or be adequate for any purpose, but shall merely be Landlord's consent to performance of the work. If Upon completion of any alteration, addition, or improvement, Tenant shall deliver to Landlord consents to any such accurate, reproducible as-built plans therefor. Unless Landlord specifies in writing otherwise and except as provided in Section 16, all alterations, additions, renovationsand improvements shall be Landlord's property when installed in the Premises. All work performed by a Tenant Party in the Premises (including that relating to the installations, repair, replacement, or removal of any item) shall be performed in accordance with Law, in a good and workmanlike manner, and so as not to damage the Building's Structure. Notwithstanding the foregoing, after the initial tenant improvements have been installed by Tenant in the Premises and a certificate of occupancy has been issued therefor, Tenant shall not be required to obtain Landlord's consent for repainting, recarpeting, or installations by Tenantother alterations totaling less than $50,000 in any single instance or series of related alterations performed within a six-month period, Landlord shall have provided that such alterations do not alter or adversely affect the right (but not the obligation) in its sole discretion to manage or supervise such work and Building's Structure. Tenant shall pay to Landlord or its designated agent a reasonable construction management fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management design and installation of the initial tenant improvements installed in the Premises by Tenant equal to $25,000; such payment shall be made on or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, before the Commencement Date. Tenant shall have not be entitled to occupy the right Premises unless Tenant has obtained and delivered to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain Landlord a description copy of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas certificate of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXoccupancy therefor.
Appears in 1 contract
Samples: Commercial Lease Agreement (Millipore Microelectronics Inc)
Alterations. A. (a) Tenant shall not may make any or cause to be made any alterationsall changes, additions, renovationsimprovements, improvements reconstructions or installations in replacements of any of the improvement located on the Properties (each, an “Alterations” and collectively, the “Alterations”), both interior or to exterior, without the Leased Premises without Landlord’s prior consent, written consent of the Landlord provided such Alterations comply with all of the following provisions: (i) the fair market value of the Property upon which such consent an Alteration is performed shall not be unreasonably withheldlessened in any material respect as a result of any such Alteration, unless Landlord reasonably determines that nor shall the proposed Alterations could (i) affect the exterior or common areas structural integrity of the Building or adversely affect the Building’s structure or safetysuch Property be impaired; (ii) the Alteration and any Alteration theretofore made or thereafter to be made shall not in the aggregate reduce the gross floor area of the applicable Property, nor shall any such Alteration materially adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereofaccess to such Property; (iii) the Alteration shall be or become visible from the exterior of the Leased Premises or the Building; or performed in a good and workmanlike manner, and shall be promptly completed in compliance with all applicable laws, (iv) interfere all work done in connection with any such Alteration shall comply with all policies of insurance applicable to the operation Property upon which the Alteration is performed, (v) Tenant shall promptly pay all costs and expenses of any such Alteration, and shall promptly discharge all liens filed against any of such Property arising out of the Building or same, (vi) Tenant shall procure and pay for all permits and licenses required in connection with any such Alteration, and (vii) all such Alterations shall be the provision property of services or utilities Landlord and shall be subject to other tenants in the Buildingthis Lease. Tenant shall maintain and upon request provide to Landlord all as-built plans and specifications or record drawings that Tenant obtains in no event make performing Alterations.
(b) All Alterations shall be performed only by qualified contractors and subcontractors. Tenant shall cause all contractors and subcontractors to procure and maintain “Builder’s All Risk” insurance coverage naming Landlord as an additional insured against such risks, in such amounts, and with such companies as Landlord may reasonably require. All Alterations shall be performed in accordance with all applicable laws and in a good and workmanlike manner so as not to damage the Properties, or any improvements, fixtures or equipment located thereon.
(c) Tenant shall not permit any construction or mechanic’s liens to be made filed against any alterationsProperty for any Alterations, modificationmaterials furnished for Alterations, substitution or other change to obligation incurred by or at the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premisesrequest of Tenant. If Landlord consents to any such alterationsa lien is filed, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and then Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event thatshall, within ten (10) days after receiving such filing, either pay the Permitted Alterations Notice, amount of the lien or diligently contest such lien and deliver to Landlord determinesa bond or other security satisfactory to Landlord, in its reasonable Landlord’s sole discretion. If Tenant fails to timely take either such action, that then Landlord may pay the proposed Alterations are not Permitted Alterationslien claim, and any amounts so notifies Tenantpaid, including expenses and interest, shall be paid by Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXto Landlord within ten (10) days after Landlord has invoiced Tenant therefor.
Appears in 1 contract
Alterations. A. Tenant, at Tenant's sole cost and expense, during the Term of this Lease, may make such nonstructural alterations, improvements and or additions (collectively, "Alterations") to the interior of the Premises it deems appropriate, provided that (i) the structural integrity of the Premises or Building shall not be affected or diminished; (ii) the value of the Premises or Building is not thereby diminished; (iii) the exterior appearance (including the store front) of the Premises and Building is not thereby materially altered or changed; and (iv) such Alterations are in compliance with Applicable Law. In all other instances except as provided hereinbelow in Paragraph 6B, Tenant shall secure prior written approval and consent of Landlord before making any Alterations, which consent shall not be unreasonably withheld by Landlord. At the time Landlord's approval of any Alterations is sought, Tenant shall submit to Landlord plans and specifications for such work, together with a statement of the estimated costs of such work. All such Alterations shall be completed in a good and workmanlike manner, diligently prosecuted to completion, with first-class materials, in accordance with all applicable federal, state and local laws, rules, regulations, codes, ordinances and other requirements (collectively, "Applicable Laws"), including, without limitation, Applicable Laws respecting access and use by disabled persons. Tenant shall make or cause to be made any alterations, additions, renovations, improvements or installations in or no Alterations whatsoever to the Leased exterior of the Building or exterior portions of the Premises without the prior written consent of Landlord’s prior consent, which such consent shall not be unreasonably withheld. Upon termination of this Lease, unless Landlord reasonably determines that the proposed any Alterations could (i) affect the exterior or common areas made by Tenant shall remain a part of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in Premises and be surrendered therewith. Notwithstanding whether prior written approval is required from Landlord with regard to any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit modifications that are to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03made, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written provide notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed nature of any and all material modifications or alterations made to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXImprovements located thereon.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Aei Income & Growth Fund Xxi LTD Partnership)
Alterations. A. (a) Tenant shall not make or cause to be made any alterations, additions, renovations, improvements or installations no changes in or to the Leased Demised Premises without Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) are of a structural nature or which affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises Building without Landlord's prior written consent, which consent may be granted or withheld in its sole discretion. Notwithstanding anything contained herein to the Building; or contrary (iv) interfere with but subject to the operation requirements set forth in Paragraph 3 of the Building printed form portion of this lease), Tenant may, upon prior written notice to, but without requiring the consent of, Landlord, perform non-structural and interior Alteration(s) (as hereinafter defined). Further supplementing Paragraph 3 of the printed form portion of this lease, with respect to any and all alterations, installations, additions and improvements (each, an "Alteration" and collectively, "Alterations") permitted by Landlord to be performed by or the provision on behalf of services or utilities to other tenants Tenant in the Building. Demised Premises (including, without limitation, those non-structural, interior Alterations which do not require Landlord's prior consent), Tenant shall will deliver to Landlord certificates evidencing Worker's Compensation Insurance and Contractor's General Liability Insurance in the amount reasonably satisfactory to Landlord (but in no event make less than the amounts set forth in paragraph 59 herein) prior to the commencement of such work. Any and all Alterations and any and all structures or permit fixtures, except those fixtures described on Exhibit "B" annexed hereto and made a part hereof and/or movable trade fixtures not attached to the realty, installed by or on behalf of Tenant shall be deemed attached to the freehold and automatically become the property of Landlord upon installation, unless Landlord shall elect, in writing, otherwise (such written notice to be made any alterationsdelivered to Tenant with Landlord's consent of the Alteration(s), modificationif consent is required, substitution or other change within fifteen (15) days after Tenant's written notice to Landlord of the mechanicalAlteration(s), electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premisesif no consent is required). If Landlord consents elects to have Tenant remove same at the expiration of the term of this lease, Tenant shall, prior to the expiration or sooner termination of the term of this lease, perform such removal and repair, at its own cost and expense, any such alterations, additions, renovations, improvements damage to the Demised Premises caused by said removal. In no event shall Tenant be required to remove any structures or installations by Tenantfixtures installed as part of the Initial Interior Work. Notwithstanding the foregoing removal requirements, Landlord shall have may, at its option, in lieu of requiring Tenant to perform such removal and restoration, invoice Tenant for the right (but not the obligation) in its sole discretion to manage or supervise good faith estimated cost for performing such work and Tenant shall pay such invoice, as additional rent, within thirty (30) days of such invoice. With respect to Landlord a reasonable fee to any mechanic's lien for which Tenant is responsible for removing or bonding hereunder, Tenant shall reimburse Landlord for overhead and administrative all costs and expenses incurred by Landlord in connection with therewith (including, without limitation, reasonable attorneys fees and disbursements of Landlord and any sums payable to Landlord's lender in connection therewith). Supplementing Paragraph 30 of the management printed form portion of this lease, in the event Tenant makes any installations, changes, modifications or supervision alterations to the sprinkler systems and/or sprinkler equipment serving the Demised Premises, same shall be subject to Landlord's supervisory fee of such work by 5% of the cost thereof which shall be payable, as additional rent, to Landlord (or, at Landlord's request, to Landlord's construction affiliate).
B. Notwithstanding anything contained in this Section 9.03, (b) Tenant shall have not be permitted to make, or to engage a contractor or artist to make, any Alterations, decorations, installations, additions or other improvements ("Visual Alteration") which may be considered a work of visual art of any kind, and/or which might fall within the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description protections of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not Visual Artists Rights Act of 1990 ("VARA") unless: (i) affect the exterior or common areas Tenant obtains, from each artist and/or contractor who will be involved in said Visual Alteration, valid written waivers of the Building or the structure or safety of the Buildingsuch artist's and/or contractor's rights under VARA in form and content reasonably acceptable to Landlord; and (ii) affect the electrical, plumbing, fire/life/safety Landlord consents to such Visual Alteration in writing (which consent shall not be unreasonably withheld or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permitdelayed). In the event that, within ten (10) days after receiving that a claim is brought under VARA with respect to any Visual Alteration performed in or about the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that Building by or at the proposed Alterations are not Permitted Alterations, and so notifies request of Tenant or Tenant's agents or employees, Tenant shall apply for indemnify and hold harmless Landlord against and from any and all such claims. If any action or proceeding shall be brought against Landlord by reason of such claim under VARA, Tenant agrees that Tenant, at its expense, will resist and defend such action or proceeding and will employ counsel reasonably satisfactory to Landlord therefor. Tenant shall also pay any and all damages sustained by Landlord as a result of such claim, including, without limitation, reasonable attorney's fees and the actual, out-of-pocket cost to Landlord of complying with VARA protections (which shall include damages sustained as a result of Landlord’s consent for such 's inability to remove Visual Alterations in accordance with from the Demised Premises). The provisions of this Article IXParagraph 45(b) shall survive the expiration or sooner termination of this lease.
Appears in 1 contract
Alterations. A. Section 3.01. Tenant shall not make or cause perform, or permit the making or performance of, any alterations, installations, decorations, improvements, additions or other physical changes in or about the Demised Premises (referred to collectively, as "Alterations") without Owner's prior consent provided no such prior consent shall be required for decorations. Owner agrees not unreasonably to withhold or delay its consent to any Alterations which do not affect the structural integrity of the Building proposed to be made by Tenant to the Demised Premises for Tenant's business purposes. Notwithstanding the foregoing provisions of this Section or Owner's consent to any alterationsAlterations, additionsall Alterations shall be made and performed in conformity with and subject to the following provisions: All Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Owner may, renovationsfrom time to time, improvements reasonably designate; Alterations shall be made only by contractors or installations mechanics approved by Owner, such approval not unreasonably to be withheld or delayed (notwithstanding the foregoing, all Alterations requiring mechanics in trades with respect to which Owner has adopted or may hereafter adopt a list or lists of approved contractors shall be made only by contractors selected by Tenant from such list or lists); no Alteration shall be made to the partitioning separating the Demised Premises and the public corridors or the entrance doors of the Demised Premises; no Alteration shall affect any part of the Building other than the Demised Premises or adversely affect other than to a diminimus extent any service required to be furnished by Owner to Tenant or to the Leased Premises without Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior any other tenant or common areas occupant of the Building or adversely reduce the value or utility of the Building; no Alteration shall affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems outside appearance of the Building or the functioning thereof; color or style of any venetian blinds (iiiexcept that Tenant may remove any venetian blinds provided that they are promptly replaced by Tenant with blinds of a similar
(i) The Standards For Alteration Drawings and Guide For Consulting Engineer, both dated May, 1988 and (ii) the Building Standard For Alteration Construction, dated June, 1990, all of Owner's managing agent, Rudix Xxxagement Co., Inc.), and provided such plans and specifications comply with the aforesaid standards and guidelines and the provisions of this Article 3 and further provided that the Alterations depicted on such plans and specifications comply with the provisions of this Article 3, then, Owner shall not unreasonably withhold or delay its consent to such plans and specifications prior to the commencement of each proposed Alteration, Tenant shall furnish to Owner duplicate original policies of workmen's compensation insurance covering all men to be employed in connection with such Alteration, including those to be employed by all contractors and subcontractors, and of comprehensive public liability insurance (including property damage coverage) in which Owner, its agents and any lessor under any ground or become visible from the exterior underlying lease shall be named as parties insured, (as of the Leased date hereof only Owner and its managing agent Rudix Xxxagement Co., Inc. are required to be so named as parties insured) which policies shall be issued by companies, and shall be in form and amounts, consistent with Owner's requirements for other tenant's in the Building and shall be maintained by Tenant until the completion of such Alteration; all Alterations in or to the electrical facilities in or serving the Demised Premises shall be subject to the provisions of subsection C(1) of Section 29.04 (relating to increases in the Fixed Rent); all fireproof wood test reports, electrical and air conditioning certificates, and all other permits, approvals and certificates required by all governmental authorities shall be timely obtained by Tenant and submitted to Owner; notwithstanding Owner's approval of plans and specifications for any Alteration, all Alterations shall be made and performed in full compliance with all applicable laws, orders and regulations (including, but not limited to, the New York State Energy Conservation Construction Code) of Federal, State, County and Municipal authorities and with all directions, pursuant to law, of all public officers, and with all applicable rules, orders, regulations and requirements of the New York Board of Fire Underwriters and the New York Fire Insurance Rating Organization or any similar body; provided that nothing contained herein shall limit Owner's obligations under Article 40 with respect to asbestos and other hazardous material; all Alterations shall be made and performed in accordance with the Building Rules and Building Rules for Alterations; all materials and equipment to be installed, incorporated or located in the Demised Premises as a result of all Alterations shall be new ad first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement of any kind; Tenant, before commencement of such Alteration, shall furnish to Owner a performance bond or other security satisfactory to Owner in an amount at least equal to the estimated cost of such Alteration; provided however that no such bond or security shall be required in connection with any Alteration constituting a single project which shall have a cost which is less than Thirty Thousand ($30,000.00) Dollars in the aggregate in the event Owner or its agents employ any independent architect or engineer to examine any plans or specifications submitted by Tenant to Owner in connection with any proposed Alteration, Tenant agrees to pay Owner a sum equal to any reasonable fees incurred by Owner in connection therewith.
Section 3.02. Any mechanic's lien filed against the Demised Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services Real Property or utilities the Real Property affected by the Air Rights Lease (as defined in Article 7) for work claimed to other tenants in the Building. have been done for, or materials claimed to have been furnished to, Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations discharged by Tenant, Landlord shall have the right (but not the obligation) in its at Tenant's sole discretion to manage or supervise such work cost and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03expense, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with within twenty (20) days after the filing of such mechanic's lien.
Section 3.03. Tenant shall not, at any time prior written notice (to or during the “Permitted Alterations Notice”)Demised Term, which notice shall contain a description directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the Demised Premises, whether in connection with any Alteration or otherwise, if such employment will interfere or cause any conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Permitted Building by Owner. Tenant or others. In the event of any such interference or conflict. Tenant, upon demand of Owner, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Building immediately.
Section 3.04. Without in any way limiting the generality of the provisions of Section 3.01, all Alterations proposed to shall be undertaken made and performed in full compliance with (a) New York City Local Law #5 of 1973 and any successor law of like import and (b) all Building wide standards and practices adopted by Tenant and state that such Alterations are Permitted Alterations)Owner for fire safety in the Building. A Permitted No Alteration shall mean affect all or any cosmetic Alterations part of any Class E Fire Alarm and Communication system installed in the Leased Premises Demised Premises, except that could not in connection with any such Alteration Tenant may relocate certain components of such system, provided (i) affect such relocation shall be performed in a manner first approved by Owner, (ii) the exterior new location of any such component shall be first approved by Owner, (iii) prior to any such relocation Tenant shall submit to Owner detailed plans and specifications therefor which shall be first approved by Owner, and (iv) Owner shall have the election of relocating such components either by itself or common areas by its contractors, in which event all expenses incurred by Owner shall be reimbursed by Tenant upon demand of Owner, as additional rent.
Section 3.05. In the Building or event that Tenant performs a major Alteration in the structure or safety Demised Premises, Tenant, as part of such Alteration shall be required to install a sprinkler system in the BuildingDemised Premises and in connection therewith the following provisions of this Section shall apply: (i) such sprinkler system must comply with all applicable laws, orders, rules and regulations; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems supplying and installing of the Building or the functioning thereof; (iii) any such sprinkler system shall be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations made in accordance with the provisions of this Lease, including but not limited to the provisions of this Article IX.and Article 6 and the type, brand, location and manner of installation of such sprinkler system shall be subject to Owner's prior approval; and (iii) Tenant shall make all repairs and replacements, as and when necessary, to such sprinkler system and any replacements thereof. Notwithstanding the aforesaid provisions of this Section, Owner shall have the election of supplying and installing such sprinkler system either by itself or by its agents or contractors, in which event all costs and expenses incurred by Owner in connection with supplying and installing such sprinkler system and any repairs or replacements of such sprinkler system and any replacements thereof made by Owner at Owner's election, shall be paid by Tenant to Owner within ten (10) days next following the rendition of a statement thereof by Owner to Tenant. In addition to paying all costs and expenses in connection with the supplying and installing of such sprinkler system, Tenant shall pay to the Owner, a fee equal to (x) Tenant's Proportionate Share (as defined in Article 23) of the cost and expense incurred by Owner to prepare the Building for the operation of such sprinkler system, plus (y) for each floor of the Building on which any portion of the Demised Premises is located Tenant's pro rata share of all of the costs and expenses incurred by Owner, if any, in supplying and installing a "sprinkler loop" on such floor which pro rata share shall be a fraction in which the numerator shall be the number of rentable square feet of that portion of the Demised Premises located on such floor and the denominator shall be the number of rentable square feet on such floor, provided however, that notwithstanding anything contained in this Section to the contrary, Owner shall have no obligation to install such "sprinkler loop" on any floor of the Building which shall be entirely demised to Tenant. Such fee shall be payable to Owner within ten (10) days next following the rendition of a statement thereof by Owner to Tenant. Notwithstanding anything contained in this Lease to the contrary, such sprinkler system or any replacement thereto and any installations in connection therewith, whether made by Tenant or Owner, shall upon expiration or sooner termination of the Demised Term be deemed the property of Owner. (See Article 40)
Section 3.06. Any dispute with respect to the reasonability of any failure or refusal of Owner to grant its consent or approval to any request for such consent or approval pursuant to the provisions of Section 3.01 with respect to which request Owner has agreed, in such Section not unreasonably to withhold and/or delay such consent or approval, may be submitted to arbitration by either party, by notice to the other, and, if so submitted, shall be finally determined by arbitration in the City of New York in accordance with the rules and regulations then obtaining of the American Arbitration Association or its successor. Any determination pursuant to the foregoing provisions shall be final and binding upon the parties, whether or not a judgment shall be entered in any court. In making their determination, the arbitrators shall not subtract from, add to, or otherwise modify any of the provisions of this Lease. Owner and Tenant may, at their own expense, be represented by counsel and employ expert witness in any such arbitration. If the determination of any such arbitrator under this Section with respect to the reasonability of any failure or refusal of Owner to grant its consent or approval to any request for such consent or approval pursuant to the provisions of Section 3.01 shall be adverse to Owner, Owner shall be deemed to have granted the requested consent or approval but that shall be Tenant's sole remedy in such event and Owner shall not be liable to Tenant for a breach of Owner's covenant not unreasonably to withhold such consent or approval. (See Article 40)
Appears in 1 contract
Alterations. A. Tenant shall not (a) Not to make any external or internal alteration or improvement of or addition to the Premises nor to make or cause permit or suffer to be made any alterations, additions, renovations, improvements or installations change in or to the Leased elevation or external design or appearance of the Premises without Landlord’s prior consent, which the consent of the Lessor (such consent not to be unreasonably withheld or delayed) nor to cut or injure any part of the structure or the roofs walls timbers conduits and appurtenances of the Premises and forthwith to report in writing to the Lessor any defects PROVIDED THAT if any consent is given by the Lessor in pursuance of this sub-clause the Lessee shall obtain any necessary consents of the competent authority both on its own behalf and if so required by the Lessor also on behalf of the Lessor and all other persons interested in the Premises
(b) In the event of any breach of paragraph (a) of this sub-clause then without prejudice and in addition to the right of re-entry herein contained and any other right of the Lessor the Lessor may remove SS/E6438/5708a/20 02 2012 or restore as the case may be any such unauthorised buildings alterations improvements or additions and the costs of carrying out such work and things incidental thereto properly and reasonably incurred by the Lessor shall be repaid to the Lessor by the Lessee forthwith on demand together with Interest from the date of expenditure
(c) That no alteration or addition to the electrical installation in the Premises shall be made without the Lessors prior consent which shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior withheld or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC delayed and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations then only in accordance with the provisions standards prescribed from time to time by the electrical supply authority and the Institute of this Article IX.Electrical Engineers and no appliance other than that for which such installation is designed shall be connected to it and in any event not to overload the said electrical installations
Appears in 1 contract
Samples: Lease
Alterations. A. (a) Tenant shall not make or cause suffer to be made any additional alterations, additionsadditions or improvements (“Alterations”) in, renovations, improvements or installations in on or to the Leased Premises or any part thereof without the prior written consent of Landlord. Failure of Landlord to give its approval within fifteen (15) calendar days after receipt of Tenant’s written request for approval shall constitute disapproval by Landlord. Any Alterations in, on or to the Premises, except for Tenant’s trade fixtures and movable furniture and equipment, shall be the property of Tenant during the Term and shall become Landlord’s prior consent, which such consent property at the end of the Term without compensation to Tenant. Landlord shall not be unreasonably withheld, unless Landlord reasonably determines withhold or delay its consent to Alterations that the proposed Alterations could (i) do not materially affect the exterior or common areas structure of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the its electrical, plumbing, fire/life/safety HVAC, security or mechanical other systems, (including HVACii) systems of the Building or the functioning thereof; (iii) be or become are not visible from the exterior of the Leased Premises or and do not otherwise affect the exterior appearance of the Building, (iii) are consistent with Tenant’s Permitted Use hereunder; or (iv) do not require any application to a political jurisdiction for rezoning, general plan amendment, variance, conditional use permit or architectural review approval, (v) will not interfere with the operation use and occupancy of any other portion of the Building Project by Landlord or the provision of services or utilities to by any other tenants or occupants or their invitees, or by any other party with the right to use any portion of the Project, (vi) comply with any ground lease, CC&Rs (including without limitation the CC&Rs described in EXHIBIT C) and Mortgages, and (vii) do not adversely affect the Building. Tenant shall in no event make value or permit to be made any alterations, modification, substitution marketability of Landlord’s reversionary interest upon termination or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. expiration of this Lease.
(b) If Landlord consents to the making of any such alterations, additions, renovations, improvements or installations Alterations by Tenant, the same shall be made by Tenant, at Tenant’s sole cost and expense, in accordance with plans and specifications submitted by Tenant to Landlord concurrently with its request pursuant to Paragraph 6(a) and reasonably approved by Landlord, and any contractor or person selected by Tenant to make the same must first be reasonably approved in writing by Landlord. With respect to any Alterations that affect the structure of the Building, the Building Systems, or any portion of the Project outside the Premises, at Landlord’s option the Alterations shall have the right (but not the obligation) in its sole discretion to manage be made by Landlord, or supervise such work by a contractor specified by Landlord, for Tenant’s account and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations cost thereof (hereinafter defined) in the Leased Premises, without including a reasonable charge for Landlord’s consent (but with overhead) as an Additional Charge, within twenty (20) days prior written notice after receipt of a statement from Landlord therefor.
(c) Tenant shall reimburse Landlord upon demand for any reasonable out-of-pocket expenses incurred by Landlord in the “Permitted review of any Alterations Notice”)made by Tenant, which notice including fees charged by Landlord’s contractors or consultants to review plans and specifications, and such obligation shall contain a description be an Additional Charge. Landlord’s consent to any Alterations shall not obligate Landlord to repair, maintain, insure or otherwise assume any responsibility or liability with respect to any such Alteration. In addition, notwithstanding Landlord’s review, Tenant and not Landlord shall be responsible for compliance of the Permitted Alterations proposed to Alterations, and plans and specifications therefor, with all applicable Laws, and Landlord shall not be undertaken responsible for any omissions or errors therein.
(d) Upon the expiration or sooner termination of the Term, Tenant shall upon demand by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not Landlord, at Landlord’s election either (i) affect at Tenant’s sole cost and expense, forthwith and with all due diligence remove any Alterations made by or for the exterior account of Tenant, designated by Landlord to be removed (provided, however, that upon the written request of Tenant prior to installation of such Alterations, Landlord shall advise Tenant at that time whether or common areas not such Alterations must be removed upon the expiration or sooner termination of this Lease), and restore the Premises to substantially its original condition as of the Building Commencement Date, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 20 or the structure or safety of the Building; (ii) affect pay Landlord the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning reasonable estimated cost thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IX.
Appears in 1 contract
Alterations. A. Tenant 10.1. Lessee shall not not, without first obtaining Lessor's written consent, make or cause to be made perform, or permit the making or performance of, any alterations, additionsinstallations, renovationsimprovements, improvements additions and/or other physical changes in, to or installations in upon the Building, interior or to exterior, or the Leased Premises without Landlord’s prior consentor any portion thereof ("Alterations"), which such consent provided, however, that minor items of repair, adjustment and decoration not exceeding a cost of $30,000.00 for any one project (soft costs and hard costs together) shall not be unreasonably withhelddeemed "Alterations" for the purposes of this Lease, unless Landlord reasonably determines but only if such minor items of repair are strictly non-structural in nature.
10.2. Notwithstanding the obtaining of Lessor's consent to any Alterations, all Alterations shall be made and performed at Lessee's sole cost and expense. Further, it is agreed, stipulated and understood (i) that together with Lessee's request for Lessor's consent to any Alterations, Lessee shall submit to Lessor detailed plans and specifications and such other information with respect to the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; as Lessor shall reasonably request, (ii) adversely affect in that Powers Construction Company shall be provided with reasonable opportunity to bid with respect to carrying out of any respect the electricalAlterations, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; and (iii) that if the Alterations are not to be or become visible from the exterior carried out by lowers Construction Company, then Lessee shall deliver notice to Lessor of the Leased name and address of the proposed contractor, and if Lessor objects to such contractor carrying out Alterations to the Premises and can show reasonable grounds for such objection then Lessee shall not employ such contractor to carry out the Alterations in question.
10.3. Prior to the commencement of any proposed Alterations, Lessee shall furnish to Lessor duplicate original policies of (or Certificates of Insurance evidencing) worker's compensation insurance covering all persons employed by Lessee in connection with such Alterations, including those to be employed by all contractors and subcontractors and such policies shall be issued by companies, and shall be in form and amounts, reasonably satisfactory to Lessor and shall be maintained by Lessee or by the Building; applicable contractors or subcontractors, as the case may be, until the completion of such Alterations. Lessee shall also furnish partial waivers of mechanics liens for all work performed and paid for in connection with such Alterations, and copies of all necessary Permits.
10.4. In the event that any mechanics or other lien or any notice of intention to file a lien is filed against the Premises in connection with any Alterations, Lessee shall promptly cause the same to be discharged of record by payment, bond, order of a court of competent jurisdiction or any other method permitted by law, and in any event, within sixty (iv60) interfere days after receiving notice of the same. Lessee shall indemnify and save Lessor harmless from and against all costs, liabilities, suits, penalties, claims, and demands (including reasonable counsel fee and disbursements) in connection with the operation commencement and prosecution of the Building or the provision foreclosure of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution such mechanics or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premiseslien. If Landlord consents Lessee shall fail to any such alterationscomply with the foregoing provisions, additions, renovations, improvements or installations by Tenant, Landlord Lessor shall have the right option (but not the obligation) in its sole discretion to manage of paying and discharging or supervise bonding any such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with lien, the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed cost thereof to be undertaken payable by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities Lessee to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, Lessor within ten (10) days after of receiving the Permitted Alterations Noticea bill therefor, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted as Additional Rent hereunder.
10.5. Notwithstaxxxxg Lessor's approval of plans and specifications for any Alterations, all Alterations shall be made and so notifies Tenantperformed in full compliance with all applicable Laws then in effect and all necessary Permits, Tenant and all materials and equipment to be incorporated in the Building as a result of any Alterations shall apply be of a quality consistent with that existing at the date thereof. Lessor shall jointly sign any application made by Lessee for Landlord’s any building permit whether or not the work in question requires Lessor's consent hereunder.
10.6. Approval by Lessor of any plans, specifications or selection of materials by Lessee in connection with any Alterations shall not constitute an assumption of any responsibility by Lessor of any kind, including (but not limited to) as to their accuracy or sufficiency. Lessee shall be solely responsible for such plans, specifications and the selection of materials. Lessee covenants and agrees to indemnify Lessor and hold Lessor harmless against and from any and all claims, costs, suits, damages and liability whatsoever arising out of or as a result of any Alterations performed by Lessee or by Lessee's contractors, subcontractors, agents or employees, including reasonable attorneys fees for the defense thereof.
10.7. All Alterations and any replacements therefor, whether temporary or permanent in accordance with character, which are made by Lessee pursuant to the provisions of this Article IXSection 10 (unless the same shall constitute Lessee's Personalty pursuant to the provisions of Section 19.1 below) shall be the property of Lessor immediately upon the installation of the same and shall remain upon and be surrendered with the Premises as a part thereof at the expiration of the Initial Term or, if appropriate, the Renewal Term, without compensation to Lessee. Notwithstanding the foregoing, at the expiration of the Initial Tern or Renewal Term (as appropriate) Lessor shall have the option to require Lessee, at Lessee's sole cost and expense, to restore the Premises to their condition prior to the carrying out of such Alterations, ordinary wear and tear excepted, provided that it is agreed and understood that this option of Lessor shall not apply to Lessee's Initial Work or Lessee's Additional Work, and provided further that Lessor shall only be permitted to require such restoration in the event that Lessor made such a requirement an express condition of Lessor's consent and such Alterations at the time such consent was granted.
Appears in 1 contract
Samples: Lease Agreement (Atmi Inc)
Alterations. A. (a) The Tenant shall not:
(i) demolish the Premises or do anything which would or might damage or injure them or divide them up or merge them with any other property;
(ii) make any external alterations or additions to or do anything which would change the external appearance of the Premises;
(iii) make any structural alterations or additions to the Premises; or
(iv) erect any new structure on or make any other alteration or addition to the Premises; except in accordance with the following provisions.
(b) The Tenant shall not be permitted to make or cause to be made any structural alterations, additions, renovations, improvements demolish or installations change the external appearance of the Premises other than in relation to either the Building Improvement Works or the Capital Premises Works.
(c) The Tenant shall be entitled to make internal non structural alterations or additions to the Leased Premises without and to put up, take down and alter internal free- standing partitions:
(i) which do not affect or prejudice the Landlord’s prior consent's rights under any warranties as to the design and construction of the Premises or anything in them;
(ii) which do not affect or interfere with any Services or Service Media in the Premises;
(iii) with the consent of the Landlord, which such consent shall not be unreasonably withheldwithheld or delayed; in which case the Tenant shall comply with the following obligations.
(d) Before commencement of any of the works referred to in clause (c) above, unless Landlord reasonably determines that the proposed Alterations could Tenant shall:
(i) affect obtain an Approved Set of Drawings from the exterior or common areas Landlord and supply the Landlord with a duplicate set of the Building or adversely affect the Building’s structure or safety; those drawings;
(ii) adversely affect notify the Landlord in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems writing of the Building full reinstatement cost of anything which the Tenant will be installing in the Premises which may be or become the functioning thereof; property of the Landlord;
(iii) be or become visible from enter into such covenants as the exterior Landlord shall reasonably require with regard to the execution of the Leased Premises or work and the Building; or reinstatement of the Premises;
(iv) interfere with obtain all necessary consents for the operation work, under any Enactment;
(v) notify the Landlord in writing of its intention to commence the work so that the Landlord may notify its insurers;
(vi) make a written declaration that the Tenant is the sole client for the purposes of the Building Construction Regulations;
(vii) provide the Landlord with a copy of that declaration and the acknowledgement of it from the Health and Safety Executive; and
(viii) provide any security which the Landlord reasonably requires to enable the Landlord to reinstate the Premises or to complete any work which the provision of services or utilities to other tenants in the Building. Tenant starts but does not finish.
(e) The Tenant shall in no event make or permit use all reasonable endeavours to be made any alterations, modification, substitution or other change to start and finish the mechanical, electrical, plumbing, HVAC and sprinkler systems work within or serving such time frame as the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead agree acting reasonably and administrative costs shall carry out and expenses incurred in connection with the management or supervision of such complete that work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the Approved Set of Drawings and all the other provisions of this Article IXlease.
(f) The Tenant shall notify the Landlord, immediately and in writing, on completion of such work.
(g) Neither the Landlord nor its advisers shall be liable for the design or execution of any alterations or additions made by the Tenant, even though they may have approved the drawings for them or supervised their execution.
(h) Where the Landlord has reasonably required in the giving of its consent in accordance with sub-clause 6.8(d)(iii) the Tenant shall remove any alterations or additions from the Premises and restore the Premises to the condition as evidenced by the Schedule of Condition, unless the Landlord gives the Tenant written permission not to do so.
Appears in 1 contract
Samples: Lease Agreement
Alterations. A. Tenant will not remove or demolish any improvement or building which is part of the Premises or any portion thereof or allow it to be removed or demolished, without the prior written consent of Landlord, which may be witbheld at Landlord's sole discretion. Notwithstanding the foregoing, Landlord agrees that Tenant shall not be permitted to make any changes or cause to be made any alterations, additions, renovations, improvements or installations alterations in or to the Leased Premises without the requirement of obtaining Landlord’s prior consent's consent therefor, provided that suefi Alterations do not constitute a "Major Alteration". A "Major Alteration" shall mean an alteration to the Improvements which is eshmated to cost more than $100,000 and involves: (a) alteration, removal, cutting, or adding to any structural component of the building (including, without limitation, walls, exterior windows, roofs, or floor slabs or any building system), (b) an alteration to non-residential areas which has a significant adverse effect on services which are provided to residents, or (c) changing any category within the unit mix by more than twenty percent (20%). Tenant agrees not to make any Major Alterations to the Premises without first obtaining the Landlord's written consent thereto, which such consent shall not be unreasonably withheld, unless and subject to Tenant's compliance with all of the remaining qualifications set forth in this Section 6.2. It shall be deemed reasonable for Landlord reasonably determines that to withhold its consent to a Major Alteration for the proposed Alterations could following reasons, among others: such Major Alteration would (i) affect the exterior or common areas of the Building or materially and adversely affect the Building’s structure character, value, usefulness or safety; rentability of the building or the Premises or any part thereof or any of the facilities, equipment or improvements therein, (ii) adversely affect in any respect weaken or impair (temporarily or permanently) the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems structure of the Building or building, (iu) materially lessen the functioning thereof; (iii) be or become visible from the exterior usable area of the Leased Premises or the Building; building, or (iv) interfere not be consistent with the operation use permitted hereunder by any future occupant. Landlord shall respond to Tenant's request for approval within thirty (30) days of Landlord's receipt of complete plans and specifications. Landlord's failure to respond within the applicable dme period set forth in the preceding sentence shall be deemed to be approval of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premisesproposed Major Alterations. If Landlord consents disapproves any proposed Major Alterations, Landlord shall set forth in wridng the reasons for such disapproval with reasonable specificity. If Tenant fails to obtain Landlord's prior written consent for any Major Alteration, and such consent is required under this Lease or Tenant fails to notify Landlord in writing of any Alteration, then such alteration must be removed/restored at the end of the Lease Term. With respect to any such alteration for which Tenant requests Landlord's consent (as required hereunder) or of which Landlord is otherwise notified, said alteration shall not be required to be removed/restored by Tenant at the end of the term unless Landlord reasonably specifies the same for removal in a notice delivered to Tenant either (i) within fifteen (15) days after receipt of Tenant's notice of the alteration, or (ii) within the applicable 30 day period during which Landlord shall respond to Tenant's request for approval of plans and specifications. Without limitation, Landlord shall be deemed reasonable in requiring removal/restoration for any of the reasons listed as (i) through (iv) above. All alterations, additionsincluding any Major Alteration consented to by Landlord, renovationsshall be in quality and class at least equal to the original work and shall meet all building and fire codes, improvements and all other applicable codes, rules, regulations, laws and ordinances. Tenant also agrees to maintain builder's risk insurance and shall cause its contractors to carry the types of insurance as a prudent owner or installations by Tenant, tenant would require. Landlord shall have the right (but to approve the plans and specifications for any Major Alteration, which approval shall not be unreasonably withheld or delayed. Regardless of whether the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03's consent is required hereunder, Tenant shall have the right agrees to make Permitted Alterations (hereinafter defined) notify Landlord in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description wridug of the Permitted Alterations proposed alteration prior to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean the commencement of any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXconstruction.
Appears in 1 contract
Samples: Lease Agreement (Emeritus Corp\wa\)
Alterations. A. Except for Alterations (i) that are non-structural, (ii) that are not visible from the exterior of the Building, (iii) that do not affect any building systems, and (iv) that involve an aggregate cost which is less than $100,000 (such Alterations are hereinafter referred to as the “Minor Alterations”), Tenant shall not make or cause to be made permit any alterations, additions, renovations, improvements or installations in or to Alterations without the Leased Premises without prior written consent of Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless conditioned or delayed. The term “Alterations” shall not include the Tenant Improvements. Landlord reasonably determines that the proposed Alterations could may impose any reasonable conditions to its consent to Tenant’s requested Alterations, including, without limitation, (i) affect delivery to Landlord of written and unconditional waivers of mechanic’s and material’s liens as to the exterior or common areas Premises, the Building and the Land for all work, labor and services to be performed and materials to be furnished, signed by all contractors, subcontractors, materialmen and laborers participating in the Alterations within a reasonable period following completion of the Building or adversely affect relevant portion of the Building’s structure or safety; Alterations, (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems prior reasonable approval of the Building or plans and specifications and Tenant’s contractor(s) with respect to the functioning thereof; Alterations, and (iii) be or become visible from the exterior supervision by Landlord’s representative of the Leased Premises or Alterations (at no additional cost to Tenant). The Alterations shall conform to the Building; or (iv) interfere requirements of Landlord’s and Tenant’s insurers and of the Federal, state and local governments having jurisdiction over the Premises, shall be performed in accordance with the operation terms and provisions of this Lease in a good and workmanlike manner, in accordance with the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC plans and sprinkler systems within or serving the Leased Premisesspecifications so approved. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenantthe Alterations are not performed as herein required, Landlord shall have the right (but not right, at Landlord’s option, to halt any further Alterations, or to require Tenant to perform the obligation) in Alterations as herein required or to require Tenant to return the Premises to its sole discretion to manage condition before such Alterations. Notwithstanding the foregoing, if any mechanic’s or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with materialmen’s lien is filed against the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure Land for work done or safety claimed to have been done for, or materials claimed to have been furnished to or for the benefit of, Tenant, such lien shall be discharged of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, record by Tenant within ten (10) days after receiving such filing by the Permitted Alterations Noticepayment thereof or the filing of any bond required by law. If Tenant shall fail to discharge any such lien, Landlord determinesmay (but shall not be obligated to), following written notice to Tenant, discharge the same, the cost of which shall be paid by Tenant upon demand by Landlord. Such discharge by Landlord shall not be deemed to waive or release the default of Tenant in its reasonable discretionnot discharging the same. Neither Landlord’s consent to the Alterations nor anything contained in this Lease shall be deemed to be the agreement or consent of Landlord to subject Landlord’s interest in the Premises, that the proposed Alterations are not Permitted Building or the Land to any mechanic’s or materialmen’s liens which may be filed in respect of the Alterations, and so notifies Tenant. For any Alteration requiring Landlord’s consent, Tenant shall apply submit plans, specifications and working drawings to Landlord for Landlord’s consent approval. Landlord shall review and comment on all initial plans and drawings within twenty (20) business days after receipt of same. If Landlord provides comments to a plan, drawing or cost estimation which shall necessitate changes thereto, then Tenant shall revise same and resubmit the changed plan, drawing or cost estimation to Landlord for review. Landlord shall review or comment on all revised plans and drawings within ten (10) business days after receipt of same (it being understood that Landlord shall be entitled to comment solely on the revised portions of such Alterations in accordance plan or drawing unless the revisions affect any other portion of the plan or drawing). If Landlord fails to provide comments within the applicable time frame set forth above, then Landlord shall be deemed to have approved the applicable item without comment, but such deemed approval shall not exonerate Tenant from complying with all applicable laws and the provisions of the Lease. In the event any approved plan or specification conflicts with a specific provision of this Article IXLease, this Lease shall be deemed to be amended in keeping with the provision of such approved plan or specification; provided, however, in no event shall any approved plan or specification amend, alter, or revise the obligations of Tenant arising under Articles 10, 12, 15, and 26, and Sections 17.1 and 18.8. Notwithstanding the foregoing, the applicable time frame for Landlord’s review and comment: (i) shall not begin unless and until the applicable plan or drawing or the transmittal letter accompanying such plan or drawing contains the following legend: “MUST BE APPROVED BY LANDLORD WITHIN THE TIME FRAME SET FORTH IN THE LEASE” on the front page thereof; and (ii) shall be extended for a reasonable period (not to exceed an additional seven (7) business days) if and to the extent any plan or drawing involves a Building structural component or system and requires a third-party consultant to review.
Appears in 1 contract
Samples: Deed of Lease (Xo Holdings Inc)
Alterations. A. Tenant (a) Provided that no Lease Event of Default has occurred and is continuing, Lessee, at any time and from time to time, at its sole cost and expense, may make: (1) any non-structural Alterations to any Individual Property without obtaining Lessor's prior consent; (2) any Alterations permitted pursuant to the terms of the Loan Agreement, (3) any structural Alterations to any Individual Property which do not materially adversely affect the Fair Market Sales Value of such Individual Property, without obtaining Lessor's prior consent; and (4) structural Alterations to any Individual Property which would be reasonably likely to materially adversely affect the Fair Market Sales value of such Individual Property, after giving prior notice to Lessor, and obtaining Lessor's prior written consent, which will not be unreasonably withheld. Notwithstanding the foregoing, for so long as all or any portion of the Loan remains outstanding, Lessee shall not make any Alterations other than in accordance with, and subject to, the provisions of the Loan Documents, including, without limitation, the requirement to obtain Lender's consent in relation to certain Alterations pursuant to Section 4.1.10 and Article VI of the Loan Agreement.
(b) If Alterations may reasonably be expected to materially and adversely affect the Fair Market Sales Value of the applicable Individual Property, Lessor may, at any time, notify Lessee that Lessee must remove any such Alterations upon the expiration or sooner termination of this Lease. If removal of the Alterations is required as provided herein, Lessee must do so, and shall, at its sole cost and expense, repair any damage to the applicable Individual Property caused by the removal of such Alterations and shall restore the applicable Individual Property to substantially the same condition as existed prior to such Alterations being made, ordinary wear and tear excepted.
(c) Every Alteration shall be made in compliance with the Loan Documents and shall comply with the following additional terms (which compliance shall be at Lessee's sole cost and expense):
(1) the Alteration shall be built under the supervision of a certified architect who shall be licensed in the appropriate jurisdiction to the extent required for the filing of any plans in connection with such Alteration, provided, however, no such architect shall be required when the aggregate amount of the Alteration is less than $150,000, unless required by Applicable Law, (2) the structural integrity of the existing Improvements with respect to the applicable Individual Property will not be impaired in any material respect upon completion of the work in connection with said Alterations, and (3) such Alterations will not encroach upon any adjacent premises unless appropriate easements and consents shall have been obtained, and in any event, such encroachment shall be de minimis in nature. In connection with any Alteration, Lessee shall perform and complete all work in a good and workmanlike manner in compliance with Applicable Laws without the imposition of any Liens or assessments, other than Permitted Liens. Lessee shall maintain or cause to be made maintained at all time during construction all builder's risks insurance and comprehensive general liability insurance required under the Loan Documents and this Lease naming Lessor, the Lender and such other Persons as may be reasonably required by Lessor as additional insureds.
(d) With respect to any alterations, additions, renovations, improvements or installations in or Alterations for which Lessee must obtain the consent of Lessor pursuant to the Leased Premises without Landlord’s prior consentterms of this Lease, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord Lessor shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (after Lessee's delivery of its request for consent, together with preliminary drawings and specifications for such Alterations, within which Lessor may grant or not grant Lessee's request for consent. With respect to any Alterations for which Lender's consent is not required pursuant to the “Permitted Alterations Notice”), which notice shall contain a description terms of the Permitted Alterations proposed Loan Agreement, if Lessor shall have not, within such twenty (20) day period, notified Lessee that such consent will not be granted (which notice, to be undertaken effective, must be accompanied by Tenant a detailed explanation for Lessor's denial of consent) such consent shall be deemed granted. All reasonable costs of review incurred by Lessor (whether or not the Alteration is approved) shall be paid by Lessee within thirty (30) days of receipt of a reasonably detailed invoice therefore. Lessor agrees to request consent of Lender with respect to any Alterations as and state to the extent required by the Loan Agreement. Lessor hereby acknowledges that such the undertaking and completion of any Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities subject to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance compliance by Lessor with the provisions of this Article IXthe Loan Documents, including Sections 4.1.10 and 6.4 of the Loan Agreement and Lessee agrees that Lessee shall not be permitted to undertake or perform any Alterations in violation of the Loan Documents.
(e) No Alteration shall be undertaken until Lessee shall have delivered to Lessor a certificate or other evidence reasonably satisfactory to Lessor of the existence of insurance policies required hereunder bearing notations evidencing the payment of premiums or accompanied by other evidence satisfactory to Lessor of such payments, for the insurance required under Section 7.3(c) and the Loan Documents, which shall be kept in full force and effect until the substantial completion of the Alteration.
Appears in 1 contract
Samples: Lease Agreement (Kindercare Learning Centers Inc /De)
Alterations. A. (a) Tenant shall be permitted to make, without Landlord’s consent, alterations to the Premises that do not constitute a Material Alteration. For purposes hereof, a “Material Alteration” shall mean any alteration that: (i) changes the gross square feet of the Premises; (ii) affects the portions of the Premises that have been landmarked by the Landmarks Preservation Commission of the City of New York; (iii) is not limited to the interior of the Premises or which affects the exterior of the Premises (except that Tenant shall be permitted to have protrusions through the windows or other existing openings of the Premises), (iv) is structural, (v) materially and adversely affects the Premises’ building systems (other than using same in accordance with Tenant’s current practices) or (vi) requires a change to the Premises’ certificate of occupancy. Tenant shall not make or cause to be made any alterations, additions, renovations, improvements or installations in or to the Leased Premises Material Alteration without Landlord’s prior consent, written consent (which such consent shall not be unreasonably withheld, unless conditioned or delayed in the case of an alteration that constitutes a Material Alteration solely by reason of clause (iii) or clause (iv) or clause (vi) of the foregoing definition thereof).
(b) All alterations made or installed by or on behalf of Tenant, shall immediately upon completion or installation thereof be and become the property of Landlord reasonably determines that and shall remain upon the proposed Alterations could Premises at the Expiration Date or sooner termination of this Lease. Tenant shall, at Tenant’s expense, (i) affect cause all plans and specifications for alterations to be filed with the exterior or common areas of the Building or adversely affect the Building’s structure or safety; governmental agencies having jurisdiction thereover, and (ii) adversely affect in any respect obtain when necessary all governmental permits, licenses and authorizations required for the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit work to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premisesdone in connection therewith. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise execute such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred documents as may be reasonably required in connection with the management foregoing and Landlord shall otherwise cooperate with Tenant in connection with obtaining the foregoing, but without any expense to Landlord. In no event shall Tenant be required to remove or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have restore any alterations at the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description end of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXTerm.
Appears in 1 contract
Alterations. A. The Premises are leased to the Tenant in their "as is" condition. Any alteration, addition or improvement made by the Tenant, and remaining on the Premises at the end of the Term, shall become the property of the Landlord. Tenant may, at Tenant's expense, and from time to time, make such non-structural alterations, additions or changes in and to the Premises as it may deem necessary or desirable without Landlord's consent. Tenant shall not make or cause obtain Landlord's prior written consent to be made any structural alterations, additions, renovations, improvements or installations in or changes to the Leased Premises without Landlord’s prior consentPremises, which such consent shall not be unreasonably withheld, unless conditioned or delayed; provided, however, that Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents not withhold its consent to any such structural alterations, additions, renovations, improvements or installations changes if the structural integrity of the Premises will not be impaired by such work. At Tenant's sole cost, Landlord shall have cooperate with Tenant in securing building and other permits or authorizations required from time to time for any work permitted hereunder, including the right (but not the obligation) in its sole discretion to manage or supervise such work construction of additional buildings and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations other improvements in accordance with the provisions following sentence. Tenant shall be permitted to construct additional buildings and other improvements on the Land, in compliance with all laws applicable thereto. Tenant shall obtain Landlord's prior written consent to any such construction, which consent shall not be unreasonably withheld, conditioned or delayed All such improvements shall be owned by Tenant during the term of this Article IXLease, and shall, if remaining on the Land at the termination of this Lease, become the property of Landlord at such time.
Appears in 1 contract
Samples: Lease Agreement (Fbo Air, Inc.)
Alterations. A. (a) Tenant may make or suffer to be made any non-structural alterations, additions or improvements in, on or to the Premises or any part thereof (“Alterations”), provided Tenant shall not make or cause to be made any alterations, additions, renovations, improvements or installations in or to the Leased Premises without Landlord’s prior consent, Alterations which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could would (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; cost more than $100,000 (as determined with respect to each Alterations project), (ii) adversely affect in create a hazardous or illegal condition or violate any respect the electricalLegal Requirements, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible change the intended use of the Premises from the exterior of the Leased Premises or the Building; use permitted under Paragraph 3, or (iv) interfere with increase the operation risk of a violation of any Environmental Law or otherwise increase any environmental risk to the Premises, or (v) result in the modification of any mechanical system, without, in each such case, submitting a written request for and obtaining the prior written consent of Landlord, which consent may be withheld in Landlord reasonable discretion (Alterations described in any one or more of the Building foregoing clauses (i) – (v) being referred to as “Restricted Alterations.”) Redecoration of the interior of the Premises, such as painting, wallpapering, replacement of light fixtures or the provision floor covering and installation or deinstallation of services or utilities to other tenants in the Buildingartworks shall not constitute Alterations for purposes of this Lease. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03Moreover, Tenant shall have not be required to obtain the right prior written consent of Landlord as to make Permitted Alterations (hereinafter defined) non-structural alterations consisting solely of the reconfiguration of offices, workstations, support spaces and common areas in the Leased PremisesPremises which are not Restricted Alterations.
(b) All Alterations shall be constructed in a good and workmanlike manner in compliance with all Legal Requirements.
(c) Except as Landlord and Tenant otherwise agree in writing, without Landlord’s consent all Alterations other than Severable Additions (but with twenty (20as defined below) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain at once become a description part of the Permitted Alterations proposed realty and belong to be undertaken by Landlord. Severable Additions, moveable furniture, furnishings, decorations, art work, trade fixtures and other personal property of Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) its sublessees may be or become visible removed from the exterior of Premises upon or at any time prior to the Leased Premises expiration or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions earlier termination of this Article IX.Lease, provided
Appears in 1 contract
Samples: Lease (Radioshack Corp)
Alterations. A. (a) Borrower, at its sole cost and expense, shall have the right from time to time to perform Alterations, subject in all cases to the further provisions of this Section and to all other applicable provisions of this Agreement.
(b) Borrower may not make, or allow to be made, any Supervised Alteration to the Property without obtaining GECC’s prior written consent.
(c) All Supervised Alterations shall be made (i) under the supervision of an architect or engineer selected by Borrower and approved by GECC; (ii) in accordance with detailed plans and specifications prepared by such architect or engineer; and (iii) pursuant to a contract therefor approved by GECC between Tenant and a general contractor engaged by Tenant which incorporates such plans and specifications. Copies of all such plans and specifications shall not make be delivered by Borrower to GECC and shall be subject to GECC’s prior approval.
(d) No Alteration shall be made except in compliance with, and Borrower hereby covenants that it will comply with or cause compliance with, each of the following provisions:
(i) All Alterations shall be made with reasonable diligence and dispatch (subject to Unavoidable Delays) in a first class manner and with first class materials and workmanship.
(ii) Before any Alteration has begun, Borrower shall procure, at its expense, or cause to be made any alterationsprocured, additionsall necessary licenses, renovationspermits, improvements or installations in or approvals and authorizations from all Governmental Authorities for such Alteration and shall, on demand, deliver photocopies thereof to the Leased Premises without Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; GECC.
(iii) All Alterations shall be or become visible from the exterior made and completed in accordance with all governmental statutes, laws, rules, orders, regulations, ordinances, judgments, decrees and injunctions of the Leased Premises governmental authorities (including Environmental Laws) affecting either Borrower or the Building; Property or any portion of or the construction, ownership, use, alteration or operation of, or any portion of any Property (whether now or hereafter enacted and in force), and all permits, licenses and authorizations and regulations relating thereto and insurance requirements under this Agreement.
(iv) interfere with No Alteration shall create any encroachment upon any street, easement, setback line or open yard requirement or upon any adjacent premises.
(v) To the operation extent that any Alteration materially alters the footprint of any of the Building or Improvements, Borrower shall deliver to GECC a copy of a final survey of the provision of services or utilities Property, certified to other tenants GECC, showing the completed Alteration.
(vi) No Alteration shall be made which would in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change opinion of GECC render title to the mechanical, electrical, plumbing, HVAC and sprinkler systems within Property or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlordpart thereof unmarketable.
B. Notwithstanding anything (vii) No Alteration shall be performed which would tie in or connect any building or structure on the Property with any other building or structure located outside the boundary lines of the Property without the prior written consent of GECC.
(viii) All Alterations shall be performed in compliance with any and all restrictive or protective covenants affecting the Property.
(ix) All expenses of GECC incurred by reason of the Alteration in question shall be reimbursed by Borrower, upon demand.
(e) Nothing contained in this Section 9.03Agreement shall constitute any consent or request by GECC, Tenant express or implied, for the performance of any labor or services or the furnishing of any materials or other property in respect of the Property or any part thereof, nor as giving Borrower any right, power or authority to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against GECC in respect thereof.
(f) Before any Alteration has begun, GECC shall have the right to make Permitted Alterations (hereinafter defined) post and maintain on the Property and to record in the Leased Premises, without LandlordCounty Recorder’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations office in the Leased Premises that could not (i) affect County in which the exterior or common areas Property is located any notices of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply non-responsibility provided for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXunder applicable law.
Appears in 1 contract
Alterations. A. After completion of the Facility, at any time and from time to time during the Term, Tenant may perform such alteration, renovation, repair, refurbishment, and other work (herein such matters being connectively called the “Alterations”) with regard to any Improvements as Tenant may elect. All buildings, structures, and other improvements located at any time on the Land are herein called the “Improvements.” Any and all alteration, renovation, repair, refurbishment, or other work with regard thereto shall be performed, in accordance with the following “Construction Standards” herein so referenced):
(i) All such construction or work shall be performed in a good and workmanlike manner in accordance with good industry practice for the type of work in question;
(ii) All such construction or work shall be done in compliance with all applicable building codes, ordinances, and other laws or regulations of Governmental Authorities having jurisdiction;
(iii) No such construction or work shall be commenced until there shall have been first obtained all licenses, permits, and authorizations required of all Governmental Authorities having jurisdiction;
(iv) Tenant shall not make or cause to be made any alterations, additions, renovations, improvements or installations have obtained and shall maintain in or force and effect the insurance coverage required in Article 7 with respect to the Leased Premises without type of construction or work in question;
(v) After commencement, such construction or work shall be prosecuted with due diligence to its completion;
(vi) Without the prior written consent of Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could withheld or delayed and shall be deemed given if a request is not approved or denied within thirty (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (1030) days after receiving receipt, no Alteration shall be made which (x) involves any material repairs or modifications to the Permitted Alterations Noticestructural portions of the Premises, Landlord determinesor (y) would impair the market value, in its reasonable discretion, that structural integrity or usefulness of the proposed Alterations Premises for the purposes for which the same are not Permitted Alterations, and so notifies Tenant, presently being used; and
(vii) Tenant shall apply for Landlord’s consent for furnish Landlord with a copy of all plans and specifications relating to each Alteration to the extent that such Alterations in accordance with the provisions of this Article IXplans and specifications have been furnished to Tenant.
Appears in 1 contract
Alterations. A. Tenant a. Sublessee shall not make or cause to be made permit any alterations, additionsinstallations, renovationsadditions or improvements, improvements structural or installations otherwise in or to the Leased Premises (collectively, "Alterations" ) that require a permit or other government approval or that require the approval of the Master Lessor, without Landlord’s the prior consentwritten consent of Sublessor, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that withheld or delayed (subject to approval by the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities Master Lessor). Sublessor agrees not to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents withhold Sublessor's consent to any such alterationsalteration which has been consented to by the Master Lessor. All Alterations shall be done at the Sublessee's expense, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with plans and specifications approved by Sublessor and the provisions Master Lessor, and subject to all other reasonable conditions which the Sublessor and the Master Lessor may impose.
b. Excepting trade fixtures, equipment, machinery and other personal property of the Sublessee's and except as provided in Section 6.c., all appurtenances, fixtures, improvements, additions or other property attached to or installed in the Premises at the commencement of or during the Term, whether temporary or permanent in nature, shall be and remain the property of Sublessee during the Term, but shall be surrendered with the Premises at the end of the Term without compensation to Sublessee.
c. All furniture, furnishings, equipment, machinery, counters, bookshelves, other cabinetry, and all other articles of movable personal property installed in the Premises by or for the account of Sublessee, without expense to Sublessor, and which can be removed without structural or other material damage to the Premises ("Sublessee's Property") shall be and remain the property of the Sublessee and may be removed by it at any time during the Term. Prior to the expiration or termination of the Term, Sublessee shall remove from the Premises all of Sublessee's Property except such items as the parties shall have agreed in writing are to remain and to become the property of Sublessor or the Master Lessor. Sublessee shall repair or pay the cost of repairing any damage to the Premises resulting from such removal. Sublessee's obligations under this section 6.c shall survive the expiration or earlier termination of this Article IXLease.
Appears in 1 contract
Samples: Sublease Agreement (Genitope Corp)
Alterations. A. Section 4.01. Tenant shall not make or cause perform, or permit the making or performance of, any alterations, installations, improvements, additions or other physical changes in or about the Demised Premises (referred to collectively, as "Alterations", which term shall exclude the Work to be performed by Landlord pursuant to Schedule A) without Landlord's prior consent. Landlord agrees not to unreasonably withhold or delay its consent to any nonstructural Alterations proposed to be made any alterations, additions, renovations, improvements or installations in or by Tenant to adapt the Leased Demised Premises without Landlord’s prior consent, which such for Tenant's business purposes. Such consent shall not be required in the case of any repainting or similar work of a purely cosmetic or decorative nature. Notwithstanding the foregoing provisions of this Section or Landlord's consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions: All Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Landlord may, from time to time, reasonably designate; all Alterations shall, when completed, be of such a character as not to materially reduce the economic value of the Building below its value immediately before such Alterations; no Alterations shall diminish or reduce the structural integrity of the Building; Alterations shall be made only by contractors or mechanics approved by Landlord, such approval not unreasonably withheldto be withheld or delayed (notwithstanding the foregoing, unless all Alterations requiring mechanics in trades with respect to which Landlord reasonably determines has adopted or may hereafter adopt a list or lists of approved contractors shall be made only by contractors selected by Tenant from such list or lists, but only to the extent that such contractors offer competitive pricing); no Alteration shall affect any part of the proposed Alterations could (i) Building other than the Demised Premises or adversely affect the exterior any service required to be furnished by Landlord to Tenant or common areas to any other tenant or occupant of the Building or adversely reduce the value or utility of the Building; no Alteration shall affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems outside appearance of the Building or the functioning thereofcolor or style of any venetian blinds (except that Tenant may remove any venetian blinds provided that they are promptly replaced by Tenant with blinds of a similar type, material and color); (iii) all business machines and mechanical equipment shall be or become visible from placed and maintained by Tenant in settings sufficient, in Landlord's reasonable judgment, to absorb and prevent vibration perceptible outside the exterior of the Leased Demised Premises or noise or annoyance to other tenants or occupants of the Building; Tenant shall submit to Landlord reasonably detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration; prior to the commencement of each Alteration, Tenant shall have procured and paid for, and exhibited to Landlord, so far as the same may be required from time to time, all permits and authorizations of all municipal departments and governmental subdivisions and authorities having or claiming jurisdiction; prior to the commencement of each proposed Alteration, Tenant shall furnish to Landlord duplicate original policies of worker's compensation insurance covering all persons to be employed in connection with such Alteration, including those to be employed by all contractors and subcontractors, and of comprehensive public liability insurance (ivincluding property damage coverage) interfere in which Landlord, its agents and any lessor under any ground or underlying lease shall be named as parties insured, which policies shall be issued by companies, and shall be in form and amounts, reasonably satisfactory to Landlord and shall be maintained by Tenant until the completion of such Alteration; all Alterations in or to the electrical facilities in or serving the Demised Premises shall be subject to the provisions of subsection B of Section 31.04; all fireproof wood test reports, electrical and air conditioning certificates, and all other permits, approvals and certificates required by all governmental authorities shall be timely obtained by Tenant and submitted to Landlord; all Alterations, once commenced, shall be made promptly and in a good and workmanlike manner; notwithstanding Landlord's approval of plans and specifications for any Alteration, all Alterations shall be made and performed in full compliance with all applicable laws, orders and regulations (including, but not limited to, the energy conservation provisions of the Massachusetts Building Code) of Federal, State, County and Municipal authorities and with all directions of all public officers, and with all applicable rules, orders, regulations and requirements of the Boston Board of Fire Underwriters and the New England Fire Insurance Rating Organization or any similar body; all Alterations shall be made and performed in accordance with the operation Building Rules; all materials and equipment to be installed, incorporated or located in the Demised Premises as a result of any Alteration shall be of first quality and condition; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement of any kind; in the event Landlord or its agents employ any independent architect or engineer to examine any plans or specifications submitted by Tenant to Landlord in connection with any proposed Alteration, Tenant agrees to pay to Landlord a sum equal to any reasonable fees charged by such architect or engineer to Landlord in connection therewith. Any consent or approval required from Landlord pursuant to the provisions of this Section shall be deemed to have been granted unless Landlord notifies Tenant to the contrary within thirty (30) days following receipt of Tenant's written request therefor so long as such request expressly and conspicuously recites the effect of Landlord's failure to respond thereto as aforesaid.
Section 4.02. In the event of any dispute between Landlord and Tenant as to the reasonability of Landlord's failure or refusal to grant any consent or approval requested by Tenant pursuant to the provisions of Section 4.01 with respect to which Landlord has agreed to act reasonably, such dispute shall be determined by arbitration in accordance with the provisions of Article 33.
Section 4.03. Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any material for any specific Alteration to, or repair of, the Demised Premises, the Building, or any part of either. Any mechanic's or other lien filed against the Demised Premises or the Building or the provision Real Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant, or based upon any act or omission or alleged act or omission of services or utilities Tenant (excluding any lien arising from the performance of the Work pursuant to other tenants in the Building. Tenant Schedule A), shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations discharged by Tenant, Landlord shall have the right (but not the obligation) in its at Tenant's sole discretion to manage cost and expense, by filing any bond required by law or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event thatotherwise, within ten (10) days after receiving notice of the Permitted Alterations Noticefiling of such lien.
Section 4.04. Tenant shall not, Landlord determinesat any time prior to or during the Demised Term, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in its reasonable discretionthe Demised Premises, that whether in connection with any Alteration or otherwise, if such employment will interfere or cause any labor conflict with other contractors, mechanics, or laborers engaged in the proposed Alterations are not Permitted Alterationsconstruction, and so notifies maintenance or operation of the Building by Landlord, Tenant or others. In the event of any such interference or conflict, Tenant, Tenant upon demand of Landlord, shall apply for Landlord’s consent for cause all contractors, mechanics or laborers causing such Alterations in accordance with interference or conflict to leave the provisions of this Article IXBuilding immediately.
Appears in 1 contract
Samples: Lease Agreement (Liberty Financial Companies Inc /Ma/)
Alterations. A. (a) After initially opening the Premises for business, Tenant shall not make or cause to be made to the Premises or the Tenant Utility Facilities any alterationsaddition, renovation, alteration, reconstruction or change (collectively, “Alterations”)
(i) involving structural changes or additions, renovations(ii) affecting the exterior storefront, improvements fire sprinkler systems, exterior walls, floor slab, or installations roof of the Premises, (iii) requiring or resulting in any penetration of the roof, demising walls or to floor slab of the Leased Premises Premises, without first obtaining the written consent of Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) costing in excess of Five Thousand Dollars ($5,000.00) and not described in clauses (i), (ii) or (iii) above.
(b) All Alterations shall be made under the supervision of a competent licensed architect or competent licensed structural engineer satisfactory to Landlord and shall be made in accordance with plans and specifications with respect thereto, approved in writing by Landlord before the commencement of work.
(c) Tenant shall provide Landlord with not less than fifteen (15) days prior written notice of the commencement of any Alterations in the Premises and Landlord shall have the right to enter upon the Premises to post customary notices of non-responsibility with respect thereto. Tenant, at its cost, shall obtain all required governmental permits and approvals for all Alterations and all such Alterations shall be performed strictly in accordance with all applicable laws, ordinances, rules or regulations of any public authority, in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. Construction work in connection with any Alterations shall be performed in such manner as not to obstruct the access to the Premises or otherwise interfere with the operation of business by any other occupant of the Building or Project. Such Alterations shall be considered as improvements and shall become an integral part of the provision of services or utilities to other tenants in the Building. Tenant Premises upon installation thereof and shall in no event make or permit to not be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations removed by Tenant; provided, however, if Landlord elects, Landlord shall have the right to cause Tenant to remove any or all such Alterations upon the expiration of the Lease Term or earlier termination of this Lease pursuant to Section 22.8 below, except, however, that Tenant shall not be required to remove any vault installed in the Premises by Tenant. All improvements to the Premises by Tenant including, but not limited to, light fixtures, floor coverings and partitions and other items comprising Tenant’s Work pursuant to Exhibit C, but excluding trade fixtures and signs, shall be deemed to be the property of Landlord upon installation thereof. Within thirty (30) days after the completion of any Alterations, Tenant shall deliver to Landlord a set of “as built” plans depicting the Alterations as actually constructed or installed. If Tenant shall make any permitted Alterations, Tenant shall carry “Builder’s All Risk” insurance in an amount determined by Landlord covering the construction of such Alterations and such other insurance as Landlord may reasonably require. All of such Alterations shall be insured by Tenant pursuant to Section 14.1(d) immediately upon completion thereof.
(d) Tenant shall pay all costs for work performed by or on account of it and shall keep the Premises and the Project free and clear of mechanics’ liens or any other liens. Tenant shall give Landlord immediate notice of any lien filed against the Premises or the Project as a result of any work of improvement performed by or on behalf of Tenant. Tenant shall immediately cause any lien to be discharged or removed of record by either paying the amount thereof or recording a statutory lien release bond in an amount equal to one hundred fifty percent (150%) of the amount of said lien, or such other amount as may be adequate to cause the lien to be released as an encumbrance against the Premises and the Project. If Tenant fails to do so, Landlord shall have the right, but not the obligation) , in its sole discretion addition to manage or supervise such work all other rights and Tenant shall pay remedies available to Landlord a reasonable fee to reimburse Landlord for overhead under this Lease, and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations after ten (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (2010) days prior written notice (to Tenant, to either pay and discharge such lien, without regard to the “Permitted Alterations Notice”)validity thereof, which notice shall contain a description of the Permitted Alterations proposed or procure and cause to be undertaken by Tenant recorded a statutory lien release bond and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not to (i) affect the exterior collect from Tenant as Additional Rent; or common areas of the Building or the structure or safety of the Building; (ii) affect the electricaldeduct from any tenant improvement allowance or any other amount payable by Landlord to Tenant under this Lease (A) all costs incurred by Landlord in paying and discharging such lien, plumbingor in procuring such bond, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (viB) require a permit. In the event thatall expenses incurred by Landlord in connection with such lien, within ten (10) days after receiving the Permitted Alterations Noticeincluding attorneys’ fees and costs, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, recording fees and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXadministrative costs and expenses.
Appears in 1 contract
Samples: Lease (Central Coast Bancorp)
Alterations. A. (A) Tenant shall not make (or cause permit any other party to be made make) any alterationschanges, additions, renovationsimprovements, improvements alterations or installations in or other physical changes to the Leased Premises Demised Premises, the Building or any portions thereof, or any of the systems therein or thereon (referred to collectively as “Alterations” and singly as an “Alteration”) without Landlord’s the prior consentwritten consent of Landlord in each instance, which such consent shall not be unreasonably withheldwithheld (and if not consented to or denied within twenty (20) days after written notice from Tenant shall be deemed approved), unless and in the event that Landlord grants such consent, such Alteration shall be made in compliance with all Legal Requirements and performed in a manner and at such times as Landlord reasonably determines that the proposed designates and such Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect installations shall not, in any respect the electricalevent, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the use and operation of the Building by Landlord or any tenant, occupant or user thereof; provided, however, that if any such Alteration shall relates to interior cosmetic non-structural work or does not affect the provision Building structure or systems and does not exceed in cost the sum of services or utilities to other tenants $25,000 in the Buildingaggregate over a ninety (90) day period, Landlord’s consent shall not be required. Without limiting the aforesaid, Tenant agrees that (a) prior to making any Alterations or installing of any of Tenant’s equipment in the Demised Premises, Tenant shall submit detailed plans and specifications of the planned Alteration or installation to Landlord for Landlord’s approval, provided that in no event make will Landlord’s approval of such plans be deemed a representation that they comply with applicable Legal Requirements, and any such Alterations shall be made only in accordance with the plans and specifications approved by Landlord, and (b) all contractors performing any Alterations, modification or permit maintenance work on behalf of Tenant at the Demised Premises or in the Building shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld or conditioned or unduly delayed and if, not consented to or denied within twenty (20) days, shall be deemed approved, prior to the commencement of such work. In the event Landlord or its agents employ any independent architect or engineer to examine any plans or specifications submitted by Tenant to Landlord in connection with any proposed Alteration, Tenant agrees to pay to Landlord any reasonable out-of-pocket fees incurred by Landlord in connection therewith. Nothing in this Lease shall be construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or material men, for the performance of any labor or the furnishing of any material for any specific Alteration to, or repair of, the Demised Premises, the Building, or any part thereof. Any mechanic’s or other lien filed against the Building, or the Real Property, for work claimed to have been done for, or materials claimed to have been furnished to, Tenant or any person claiming through or under Tenant or based upon any act or omission or alleged act or omission of Tenant or any such person shall be discharged by Tenant (by bond or otherwise) at Tenant’s sole cost and expense, within thirty (30) days after notice to Tenant of the filing of such lien. In addition to the foregoing, Tenant shall comply in all respects with the rules and regulations attached hereto as Exhibit 2 in connection with any Alterations at the Demised Premises; provided, however, that such rules and regulations are not discriminatorily applied to Tenant under this Lease.
(B) Upon completion of any Alterations, Tenant, at Tenant’s expense, shall obtain certificates of final approval of such Alterations required by any governmental authority, if required, and shall furnish Landlord with copies thereof, together with the “as-built” plans and specifications for such Alterations, which “as-built” plans shall be in hard copy and diskette form. All Alterations shall be made and performed in accordance with the plans and specifications therefor as approved by Landlord, all legal requirements and the Rules and Regulations. All materials and equipment to be made incorporated in the Demised Premises as a result of any alterations, modification, substitution or other change Alterations shall be of quality equal to the mechanical, electrical, plumbing, HVAC then existing conditions and sprinkler systems within no such materials or serving the Leased Premises. If Landlord consents equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. In addition, no such alterationschanges for which the cost of labor and materials (as estimated by Landlord’s architect, additionsengineer or contractor) is in excess of One Hundred Thousand ($100,000.00) Dollars, renovationsshall be undertaken prior to Tenant’s delivering to Landlord such security for timely lien-free completion thereof as is reasonably satisfactory to Landlord, improvements or installations by and such Alterations shall be performed only under the supervision of a licensed architect reasonably satisfactory to Landlord. In addition, other than with respect to Tenant’s initial Alterations, Landlord Alterations which are estimated to exceed $100,000 shall have the right (but not the obligation) in its sole discretion be subject to manage or supervise such work and a supervisory fee which Tenant shall pay to Landlord a reasonable in full prior to the commencement of such Alterations. Such fee shall be equal to reimburse five percent (5%) of the estimated hard cost of Alterations.
(C) All Alterations made by or on behalf of Tenant shall upon installation become the property of Landlord for overhead and administrative costs shall remain and expenses incurred in connection be surrendered with the management or supervision Demised Premises unless Landlord, by notice to Tenant given no later than 30 days prior to the date fixed as the termination of such work this Lease elects to relinquish Landlord’s rights thereto and have them removed by Landlord.
B. Notwithstanding anything contained Tenant, in this Section 9.03, which event Tenant shall have remove same from the right to make Permitted Alterations (hereinafter defined) in the Leased Demised Premises, without Landlordat Tenant’s consent (but with twenty (20) days sole cost and expense, prior written notice (to the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXExpiration Date.
Appears in 1 contract
Samples: Lease (Passport Brands, Inc)
Alterations. A. The removal, renovation, reconfiguration, replacement, construction or alteration of any improvements now or hereafter located on the Premises (or located on Landlord’s Property which are to be used by Tenant) shall be referred to herein each as an “Alteration” and together as “Alterations.” Except for Initial Alterations (defined below), Tenant shall not make or cause to be made any alterations, additions, renovations, improvements or installations in or to the Leased Premises Alterations without Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless . Attached hereto as Exhibit C is a list of Alterations that Tenant shall be permitted to make (the “Initial Alterations”). Landlord reasonably determines that may condition its consent on a review of final plans for the proposed Alterations could (i) affect the exterior or common areas making of the Building or adversely affect the BuildingAlteration; provided, however, Landlord’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems review of plans of the Building or the functioning thereof; Initial Alterations (iiias defined below) shall be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere limited to confirming compliance with the operation of the Building or the provision of services or utilities Exhibit C. Landlord agrees to other tenants in the Building. Tenant shall in no event make or permit to be made present any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents reasonable comments it may have to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, plans within ten (10) days after receiving Tenant has presented such plans to Landlord for its review. Tenant agrees to cooperate in good faith with Landlord to incorporate Landlord’s reasonably requested changes into the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that plans. Tenant shall be responsible for complying with all laws applicable to the proposed Alterations are not Permitted making of any Alterations, and so notifies TenantLandlord shall cooperate with Tenant in complying with such duties as may be imposed on the exercise of rights that may be exercised solely by Landlord (e.g., the making of building permit or other applications that may be made only by the owner of the Premises), provided that Tenant shall apply for pay Landlord’s consent for reasonable costs in connection with such Alterations in accordance with cooperation and shall indemnify and hold harmless the provisions Landlord from all claims relating to the making of this Article IXthe Alterations, except to the extent any such claims arise out of Landlord’s negligence or intentional misconduct.
Appears in 1 contract
Samples: Lease Agreement (New Generation Biofuels Holdings, Inc)
Alterations. A. Tenant shall not make or cause to be made any alterations8.01 Except as otherwise expressly provided in this Lease, additions, renovations, improvements or installations in or to the Leased Premises without Landlord’s prior consent, no alterations which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could would (ia) materially affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or utility and mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior other portions of the Leased Premises Premises, (b) have a use or nature inconsistent with the Building; improvements as of the Commencement Date (by way of example, “Alterations” shall not include converting lab space to office space and vice versa), or (ivc) interfere with have a material adverse effect on the operation market value of the Building Premises (by way of example, an Alteration that would, in fact, diminish the value of the Premises and is not permitted, under applicable law, to be removed or materially altered) (collectively the provision “Alterations”) shall be made to the Premises by or on behalf of services or utilities to other tenants in the Building. Tenant unless Tenant shall first submit on each occasion a detailed description thereof to Landlord, together with all other material information reasonably requested, and Landlord shall consent thereto in no event make or permit writing, such consent not to be made any alterationsunreasonably withheld, modification, substitution conditioned or other change delayed. In the event that Landlord does not respond to the mechanical, electrical, plumbing, HVAC and sprinkler systems Tenant’s request within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenantfifteen (15) days, Landlord shall be deemed to have the right (but not the obligation) in its sole discretion consented to manage such Alterations. All Alterations made by or supervise such work on behalf of Tenant and Tenant shall pay all fixtures attached to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred or used in connection with the management Premises, upon the completion or supervision of such work installation thereof and if approved or deemed approved by Landlord, (a) subject to the remaining provisions of this Section 8.01, immediately shall be and become a part of the Premises and the property of Landlord, without payment therefor by Landlord, and shall remain at the Premises (provided that nothing herein shall prevent Tenant from taking depreciation on or claiming an interest in Alterations made by Tenant) or (b) shall be removed at the cost of Tenant before the expiration or sooner termination of this Lease, but only if such Alterations materially change the nature of the Building as it existed as of the Commencement Date and Landlord expressly required such removal in Landlord’s written consent to such Alterations and, in such event, Tenant shall repair all damage to the Premises caused by the installation and/or removal thereof. Notwithstanding the foregoing, (i) nothing herein shall preclude Tenant’s removal of Alterations should Tenant, at any time, determine to do so, and (ii) in no event may Landlord require the removal of office or lab Alterations whenever constructed, if materially consistent with the uses to be made of the Premises pursuant to this Lease.
B. 8.02 In the event Landlord consents to the making of any such Alteration by Tenant, the same shall be made in accordance with all applicable laws and using a reputable, licensed contractor at Tenant’s sole cost and expense.
8.03 Notwithstanding anything contained in this Section 9.03the foregoing, without obtaining Landlord’s consent, Tenant shall have the right to make Permitted Alterations (hereinafter defined) alter, modify or improve the Premises from time to time, provided, however, all “Alterations” must comply with Section 8.01 above; and Tenant shall have the right to install in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken Premises trade fixtures required by Tenant in its business and state at its option to remove such trade fixtures at any time prior to or upon expiration or earlier termination of this Lease; provided, however, that no such Alterations are Permitted Alterations). A Permitted Alteration installation or removal shall mean any cosmetic Alterations in impair the Leased Premises that could not (i) affect the exterior structure of or common areas of systems or utilities for the Building or the structure or safety other portions of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permitPremises. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for repair and restore before the expiration or sooner termination of this Lease, any damage or injury to the Premises caused by the installation or removal of any such Alterations in accordance with trade fixtures.
8.04 For the avoidance of doubt, the provisions of this Article IXSection 8 (inclusive of any removal and restoration obligations) shall not apply to the Work.
Appears in 1 contract
Samples: Lease Agreement (Incyte Corp)
Alterations. A. 8.1 Permitted Alterations. After the Commencement Date, Tenant shall not make or cause to be made permit any alterationsAlterations in, additions, renovations, improvements or installations in or to about the Leased Premises without Landlord’s the prior consentwritten consent of Landlord (which consent shall not be unreasonably withheld or delayed), except for Alterations not exceeding Ten Thousand Dollars ($10,000.00)in any calendar year. Notwithstanding the foregoing, without the prior written consent of Landlord (which such consent shall not be unreasonably withheld), unless Landlord reasonably determines that the proposed in no event shall any Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; outside areas (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building including, but not limited to, the roof, (iii) be or become visible from require any change to the exterior basic floor plan of the Leased Premises Premises, any change to the structural or mechanical components of the Building; Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the operation proper functioning of the Building or the provision of services or utilities Landlord's access to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbingplumbing or HVAC systems, HVAC and sprinkler systems within facilities or equipment located in or serving the Leased Building, or (v) diminish the value of the Premises. If All Alterations requiring Landlord's consent shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant's sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date. No Hazardous Materials including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant's Agents in the construction of any Alterations permitted hereunder. Tenant shall, if reasonably required by Landlord, obtain and pay for, at its own expense, a completion and indemnity bond covering such work, the form and amount of which shall be subject to the approval of Landlord. All Alterations made by Tenant shall be and become the property of Landlord consents to any such alterationsupon the installation thereof and shall not be deemed Tenant's Personal Property; provided, additionshowever, renovationsthat Landlord may, improvements or installations by at its option, require that Tenant, Landlord shall have upon the right (but not termination of this Lease, at Tenant's expense, remove any or all nonstructural Alterations installed by or on behalf of Tenant and return the obligation) in Premises to its sole discretion to manage or supervise such work condition as of the Commencement Date of this Lease, normal wear and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision tear excepted. Notwithstanding any other provisions of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03Lease, Tenant shall have be solely responsible for the right maintenance, repair and replacement of any and all Alterations made by or on behalf of Tenant (including without limitation by Landlord on behalf of Tenant) to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IX.
Appears in 1 contract
Alterations. A. Tenant shall not install any signs, fixtures, improvements, nor make or cause to be made permit any alterationsother alterations or additions (individually, additionsan "Alteration", renovationsand collectively, improvements or installations in or the "Alterations") to the Leased Premises without the prior written consent of Landlord’s prior consent, except for any nonstructural Alteration that, on a per project basis, costs less than Fifty Thousand Dollars ($50,000.00) and which such consent shall does not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior Building systems or common areas the structural integrity or structural components of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. In all events, Tenant shall in no event make or permit deliver at least ten (10) days prior notice to be made any alterationsLandlord, modificationfrom the date Tenant intends to commence construction, substitution sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other change governmental approvals prior to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to commencing any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise of such work and Tenant deliver a copy of same to Landlord. All Alterations shall pay be at Tenant's sole cost and expense in accordance with plans and specifications which have been previously submitted to Landlord and approved in writing by Landlord, and shall be installed by a reasonable fee licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all Applicable Requirements (including, but not limited to, the ADA), and all recorded matters ("Recorded Matters") and rules and regulations of the R&D Park. In addition, all work with respect to reimburse any Alterations must be done in a good and workmanlike manner. Landlord's approval of any plans, specifications or working drawings for Tenant's Alterations shall not create nor impose any responsibility or liability on the part of Landlord for overhead and administrative costs and expenses incurred their completeness, design sufficiency, or compliance with any Applicable Requirements. At the time of approval, if requested to do so by Tenant in connection with writing at such time, Landlord will inform Tenant if Landlord requires Tenant to remove such Alteration upon termination or expiration of the management or supervision Lease. In performing the work of any such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03Alterations, Tenant shall have the right work performed in such a manner as not to make Permitted Alterations (hereinafter defined) in obstruct access to the Leased PremisesR&D Park, without Landlord’s consent (but with twenty (20) days prior written notice (or the “Permitted Alterations Notice”), which notice shall contain a description Common Areas for any other tenant of the Permitted Alterations proposed R&D Park, and as not to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in obstruct the Leased Premises that could not (i) affect the exterior business of Landlord or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) R&D Park, or interfere with the labor force working in any twelve (12) month period; and (vi) require a permitthe R&D Park. In the event thatAs Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after receiving the Permitted Alterations Noticedemand, for actual legal, engineering, architectural, planning and other expenses incurred by Landlord determinesin connection with Tenant's Alterations. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance, in its reasonable discretionan amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for all of such Alterations shall be insured by Tenant in accordance with the provisions terms of this Article IXLease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the R&D Park from and against any loss from any mechanic's, materialmen's or other liens.
Appears in 1 contract
Alterations. A. Tenant Subtenant shall not make in any circumstances alter, amend, repair and/or replace any of the mechanical equipment located within the Building or cause to be made any alterationson the third (3rd) floor of the Building or contained within the Leased Premises. No alteration, additionsaddition, renovationsimprovement, improvements or installations other change in or to the Leased Premises (hereinafter an “Alteration”) shall be made by Subtenant except under the following circumstances: (a) no Alteration shall be made without Landlord’s the prior consent, written consent of Landlord and Sublandlord to the specific Alteration (which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that delayed, or conditioned), except usual nonstructural interior remodeling which enhances the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior value of the Leased Premises or the BuildingPremises; or (ivb) interfere with the operation no Alteration shall be commenced until Subtenant has first obtained and paid for all required permits and authorizations of the Building or the provision of services or utilities to other tenants in the Building. Tenant all governmental authorities having jurisdiction; (c) any Alteration shall in no event make or permit to be made any alterationspromptly and in a good and workmanlike manner and in compliance with all laws, modificationordinances, substitution or other change to regulations, and requirements of all governmental authorities; (d) the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to cost of any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations be paid in cash or its equivalent, so that the Leased Premises that could not (i) affect the exterior shall at all times be free of liens and claims for work, labor, or common areas of the Building materials supplied or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of claimed to have been supplied to the Leased Premises and, if Landlord and Sublandlord at any time so requests, no Alteration shall commence or Building; (iv) interfere with the operation of the Building or the provision of services or utilities proceed unless Subtenant gives evidence satisfactory to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month periodLandlord and Sublandlord that such Alteration will be fully paid for upon completion; and (vie) require a permit. In any Alteration shall immediately become and remain the event thatproperty of Landlord, within ten (10) days after receiving the Permitted Alterations Notice, unless Landlord determinesotherwise agrees, in its reasonable discretionwriting, subject to the rights of Subtenant under this Sublease provided that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions upon termination of this Article IXSublease.
Appears in 1 contract
Alterations. A. Tenant shall not make make, or cause suffer to be made made, any alterations, additions, renovations, improvements or installations in additions in, on, about or to the Leased Premises or any part thereof (collectively, "Alteration(s)"), without Landlord’s the prior consentwritten consent of Landlord and without a valid building permit issued by the appropriate governmental authority; provided, which such consent however, Tenant shall not be unreasonably withheldrequired to seek Landlord's prior approval for any nonstructural interior Alteration or series of Alterations which, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere together with the operation costs of the Building or the provision of services or utilities to all other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter definednot requiring Landlord's consent) in undertaken during the Leased Premisespreceding 12-month period, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could does not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty exceed Fifty Thousand Dollars ($20,000.0050,000.00) in the aggregate. Tenant, in making such Alterations, shall comply with the other requirements of this Paragraph 13. Unless Tenant is required to remove any twelve Alteration to the Premises, except movable furniture and trade fixtures, such Alterations shall become the property of Landlord upon termination of the Lease and shall remain upon and be surrendered with the Premises at the termination of this Lease. Without limiting the generality of the foregoing, all items consisting of Landlord's Work, and unless otherwise provided in Landlord's consent notice, all heating, lighting, electrical (12including all wiring, conduit, outlets, drops, xxxx ducts, main and subpanels), drapery, and carpet installations (to the extent the foregoing are not included in Landlord's Work) month period; regardless of how affixed to the Premises shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of this Lease. Upon the expiration or earlier termination of the Lease Term, Tenant shall not be required to remove or restore any of the items which comprise Landlord's Work and/or the Initial Improvements. Upon the expiration or earlier termination of the Lease Term, Tenant shall remove any Alterations made by Tenant and shall repair any damage to Premises resulting from such removal, except as follows:
(vii) require a permitAs to any Alteration for which Landlord's consent is required, at the time Landlord is providing such consent, Landlord shall indicate whether such Alteration must be removed upon expiration or termination of the Lease. In Landlord's failure to make such indication as part of its consent shall serve as Landlord's indication that the event thatproposed Alteration does not have to be removed.
(ii) As to any Alteration for which Landlord's consent is not required, prior to making the Alteration, Tenant may request that Landlord indicate within ten (10) days after receiving of such request, whether such Alteration must be removed. Tenant will not be required to remove the Permitted Alterations Noticesubject Alteration upon the expiration or termination of the Lease if Landlord indicates that such Alteration is not required to be removed or if Landlord fails to indicate within the aforesaid ten (10) days that such Alteration must be removed. If Tenant fails to request that Landlord indicate whether such Alteration must be removed, Landlord determinesmay require the removal of such Alteration at the expiration of the Lease Term. If, in its reasonable discretionduring the Lease Term, that any alteration, addition or change of any sort to all or any portion of the proposed Alterations are not Permitted Alterationsinterior of the Premises is required by law, and so notifies Tenantregulation, ordinance or order of any public agency, Tenant shall apply for Landlord’s consent for promptly make the same at its sole cost and expense. If during the Lease Term, any alteration, addition, or change to the Common Area is required by law, regulation, ordinance or order of any public agency as a result of any Alterations performed by Tenant within the Premises, Tenant shall promptly make the same at its sole cost and expense. If during the Lease Term, any alteration, addition, or change to the Common Area is required by law, regulation, ordinance or order of any public agency other than as provided in the preceding sentence, Landlord shall make the same and the cost of such Alterations alteration, addition or change shall be a Common Area Charge and, subject to the limitations set forth in accordance with the provisions Paragraph 12 above, Tenant shall pay Tenant's Pro Rata Share of this Article IXsaid cost to Landlord as provided in Paragraph 12 above.
Appears in 1 contract
Alterations. A. (A) Except to the extent provided in Section 3.4 hereof, ----------- Tenant shall not make or cause to be made any alterations, additions, renovations, improvements or installations in or to the Leased Premises Alterations without Landlord’s 's prior consent, which such consent . Landlord shall not be unreasonably withheldwithhold or delay its consent to any proposed nonstructural Alterations, unless Landlord reasonably determines provided that the proposed such Alterations could (i) are not visible from the outside of the Building, (ii) do not adversely affect the exterior or common areas any part of the Building other than the Premises or adversely affect the Building’s structure require any material alterations, installations, improvements, additions or safety; (ii) adversely affect other physical changes to be performed in or made to any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems portion of the Building or the functioning thereof; Real Property other than the Premises, (iii) do not adversely affect any service required to be furnished by Landlord to any other tenant or become visible from the exterior occupant of the Leased Premises or the Building; or , (iv) interfere with do not adversely affect the operation proper functioning of any Building System, and (v) do not adversely affect or violate the certificate of occupancy for the Building or the provision Premises. Landlord shall not unreasonably withhold or delay its consent to Tenant's Initial Alterations.
(1) Prior to making any Alterations, including, without limitation, the Initial Alterations, Tenant shall (i) submit to Landlord reasonably detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of services or utilities such plans and specifications (except with respect to other tenants any nonstructural Alteration referred to in Section 3.4 hereof for which Landlord's approval is not required), which, in the Building. Tenant case of nonstructural Alterations which meet the criteria set forth in Section 3.1(A) above, shall in no event make not be unreasonably withheld or permit delayed, (ii) at Tenant's expense, obtain all permits, approvals and certificates required by any Governmental Authorities, it being agreed that all filings with Governmental Authorities to obtain such permits, approvals and certificates shall be made, at Tenant's expense, by a Person approved by Landlord, which approval shall not be unreasonably withheld or delayed, and (iii) furnish to Landlord duplicate original policies or certificates thereof of worker's compensation (covering all persons to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations employed by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead Tenant's contractors and administrative costs and expenses incurred subcontractors in connection with the management or supervision such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably approve, naming Landlord and its agents, any Lessor and any Mortgagee, as additional insureds. Upon completion of such work Alteration, Tenant, at Tenant's expense, shall obtain a certificate of occupancy and any other approvals with respect to such Alteration as shall be required by any Governmental Authority and shall furnish Landlord with copies thereof, together with the last field set of plans and specifications (or marked shop drawings) for such Alterations, it being agreed that all filings with Governmental Authorities to obtain such permits, approvals and certificates shall be made, at Tenant's expense, by a Person approved by Landlord.
B. Notwithstanding anything contained , which approval shall not be unreasonably withheld or delayed. All Alterations shall be made and performed substantially in this Section 9.03accordance with the plans and specifications therefor as approved by Landlord, Tenant all Requirements, the Rules and Regulations, and all rules and regulations relating to Alterations promulgated by Landlord in its reasonable judgment. All materials and equipment to be incorporated in the Premises as a result of any Alterations or a part thereof shall have the right be first quality and no such materials or equipment (other than Tenant's Property) shall be subject to make Permitted Alterations any lien, encumbrance, chattel mortgage or title retention or security agreement. In addition, no Alteration at a cost for labor and materials (hereinafter definedas reasonably estimated by Landlord's architect, engineer or contractor) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description excess of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty One Hundred Fifty Thousand Dollars ($20,000.00) 150,000), either individually or in the aggregate with any other Alteration constructed in any twelve (12) month period; , shall be undertaken prior to Tenant's providing to Landlord such security as shall be reasonably satisfactory to Landlord or required by any Mortgagee or Lessor. If, as a result of any Alterations performed by Tenant, any alterations, installations, improvements, additions or other physical changes are required to be performed in or made to any portion of the Building or the Real Property other than the Premises in order to comply with any Requirement(s), which alterations, installations, improvements, additions or other physical changes would not otherwise have had to be performed or made pursuant to the applicable Requirement(s) at such time, Landlord, at Tenant's sole cost and expense, may perform or make such alterations, installations, improvements, additions or other physical changes and take such actions as Landlord shall deem reasonably necessary to comply with any such Requirements, and the amount of the security required pursuant to the preceding sentence shall include, in addition to the amounts set forth in the preceding sentence, an amount equal to the cost of such alterations, installations, improvements, additions or other physical changes, as reasonably estimated by Landlord's architect, engineer or contractor. All Alterations requiring the consent of Landlord shall be performed only under the supervision of an independent licensed architect approved by Landlord, which approval shall not be unreasonably withheld or delayed. Landlord hereby approves SCR Design Organization, Inc. as Tenant's architect for the Internal Alterations.
(vi2) require a permit. In the event that, If Landlord shall fail to disapprove Tenant's final plans and specifications for any Alteration within ten (10) days Business Days, or within five (5) Business Days (with respect to any resubmission of disapproved plans), after receiving Landlord's receipt thereof (provided in each instance the Permitted Alterations Noticesame shall be of a scope and scale reasonably susceptible of review in such periods), Landlord determinesshall be deemed to have approved such plans and specifications. Any disapproval given by Landlord shall be accompanied by a statement of the reasons for such disapproval. Landlord reserves the right to disapprove any plans and specifications in part, to reserve approval of items shown thereon pending its review and approval of other plans and specifications, and to condition its approval upon Tenant making revisions to the plans and specifications or supplying additional information. Any review or approval by Landlord of any plans and/or specifications or any preparation or design of any plans by Landlord's architect or engineer (or any architect or engineer designated by Landlord) with respect to any Alteration is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant or any other Person with respect to the compliance thereof with any Requirements, the adequacy, correctness or efficiency thereof or otherwise. The granting by Landlord of its consent to any Alterations shall not be deemed to imply that Landlord's estate or interest in the Land and/or the Building may be subjected to any lien by any contractor, subcontractor, mechanic, materialmen, vendor or other supplier engaged by Tenant, directly or indirectly, in connection with such Alteration.
(C) Tenant shall be permitted to perform Alterations during the hours of 8:00 A.M. to 6:00 P.M. on Business Days, provided that such work shall not unreasonably interfere with or interrupt the operation and maintenance of the Building or unreasonably interfere with or interrupt the use and occupancy of the Building by other tenants in the Building. Otherwise, Alterations shall be performed at such times and in such manner as Landlord may from time to time reasonably designate. All Tenant's Property installed by Tenant and all Alterations in and to the Premises which may be made by Tenant at its reasonable discretionown cost and expense prior to and during the Term, shall remain the property of Tenant. Upon the Expiration Date, Tenant shall remove Tenant's Property from the Premises and, at Tenant's option, Tenant also may remove, at Tenant's cost and expense, all Alterations made by Tenant to the Premises, provided, however, in any case, that Tenant shall repair and restore in a good and workerlike manner to good condition any damage to the proposed Alterations are not Permitted Premises or the Building caused by such removal. Notwithstanding the foregoing, however, Landlord, upon notice given at least thirty (30) days prior to the Fixed Expiration Date or upon such shorter notice as is reasonable under the circumstances upon the earlier expiration of the Term, may require Tenant to remove any Specialty Alterations, and so notifies to repair and restore in a good and workmanlike manner to good condition any damage to the Premises or the Building caused by such removal.
(D) All Alterations shall be designed and performed, at Tenant's sole cost and expense, by contractors, subcontractors or mechanics approved by Landlord (which approval shall not be unreasonably withheld or delayed). Prior to making any Alteration, including the Initial Alterations, Landlord shall furnish to Tenant, at Tenant's request, a list of contractors who may perform Alterations to the Premises on behalf of Tenant. Such list shall contain at least three (3) contractors per non-mechanical trade. Annexed hereto as Schedule -------- F and made a part hereof, is the list of contractors who may perform Alterations - to the Premises as of the Commencement Date. If Tenant shall engage any contractor set forth on said list, Tenant shall apply for not be required to obtain Landlord’s 's consent for such contractor unless, prior to the earlier of (a) entering into a contract with such contractor, and (b) the commencement of work by such contractor, Landlord shall notify Tenant that such contractor has been removed from the list. Notwithstanding the foregoing, with respect to Alterations which affect the Building Systems or structural elements of the Building, Tenant shall use Landlord's designated contractor with respect to the applicable Building Systems or structural element, and the Alteration shall, at Tenant's cost and expense, be designed by an engineer designated by Landlord.
(E) Any mechanic's lien filed against the Premises or the Real Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be discharged by Tenant within thirty (30) days after Tenant shall have received notice thereof (or such shorter period if required by the terms of any Superior Lease or Mortgage), at Tenant's expense, by payment or filing the bond required by law. Tenant shall not, at any time prior to or during the Term, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in accordance the Premises, whether in connection with any Alteration or otherwise, if such employment would interfere or cause any labor conflict with other contractors, mechanics or laborers engaged in the construction, maintenance or operation of the Building by Landlord, Tenant or other tenants. In the event of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Building immediately. Tenant shall at all times employ contractors, mechanics and laborers who in each instance are members of the applicable trade union.
Section 3.2 Neither Landlord nor any managing agent of the Building ----------- shall receive any fee or compensation for reviewing any Tenant's plans and specifications for any Alteration or for inspecting any such Alteration. Tenant shall, however, reimburse Landlord for all reasonable out-of-pocket third party costs and expenses incurred by Landlord in connection with any Alterations performed by Tenant, which total costs and expenses shall not exceed $5,000 for the Initial Alterations.
Section 3.3 Upon the request of Tenant, Landlord, at Tenant's cost and ----------- expense, shall join in any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with any permitted Alteration (provided that the provisions of the applicable Requirement shall require that Landlord join in such application) and shall otherwise cooperate with Tenant in connection therewith, provided that Landlord shall not be obligated to incur any cost or expense, including, without limitation, attorneys' fees and disbursements, or suffer any liability in connection therewith.
Section 3.4 Anything contained in this Lease to the contrary ----------- notwithstanding, Landlord's consent shall not be required with respect to any nonstructural Alteration, provided that such Alteration meets the conditions set forth in clauses (i) through (vi) of Section 3.1(A) hereof; provided, however, that at least ten (10) days prior to making any such nonstructural Alteration, Tenant shall submit to Landlord for informational purposes only the detailed plans and specifications for such Alteration, as required by Section 3.1(B)(1) (i) hereof, and any such Alteration shall otherwise be performed in compliance with the provisions of this Article IX3.
(A) Landlord shall perform the work, and make the ----------- installations, in the Premises designated as "Landlord's Work" on Schedule D ---------- annexed hereto and made a part hereof ("Landlord's Work"). ------------------
(B) Landlord shall reimburse Tenant for the costs incurred by Tenant in performing the work and making the installations in the Premises designated as "Tenant's Items" on Schedule D. Tenant shall utilize a contractor ---------- designated by Landlord in the performance of such work. Such reimbursement shall be made by Landlord within fifteen (15) days following receipt by Landlord of an invoice for the work, together with evidence reasonably satisfactory to Landlord that the work was completed. At Tenant's option, in lieu of receiving reimbursement, Tenant may forward the invoice for the work to Landlord for direct payment to the contractor, provided that such invoice is accompanied by evidence reasonably satisfactory to Landlord that the work was completed.
Appears in 1 contract
Alterations. A. Tenant shall not make or cause to be made any alterations, additions, renovations, improvements or installations in or to the Leased Premises without Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord Concessionaire shall have the right (but not from time to time after the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description completion of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations initial Concessionaire Improvements in accordance with the provisions of [Article VI.A.7 (Construction of Concessionaire Improvements) hereof, and at Concessionaire's sole cost and expense, to make alterations and changes ("Alterations") in or to the Premises (except as hereinafter provided), provided Concessionaire shall not then be in default in the performance of any of Concessionaire's covenants or agreements in this Agreement; and further provided that Substantial Alterations may be made only with the written consent of the State, which consent shall not be unreasonably withheld or delayed. "Substantial Alterations" means any Alterations (i) to infrastructure improvements, (ii) to the structure of the Premises or any portion thereof, (iii) to other items required to be shown on the Concessionaire Improvement Plans for such Alterations or Substantial Alterations, as the case may be, and approved by State, or (iv) which would cost more than ten percent (10%) of the replacement cost of the Concessionaire Improvements. The provisions of (Article IX.VI.A.7 (Construction of Concessionaire Improvements) shall apply to and shall be complied with by Concessionaire as a condition to the performance of any Alteration or Substantial Alteration. The State's approval of the Concessionaire Improvement Plans for Alterations or Substantial Alterations, as the case may be, shall not be required for those aspects of the Concessionaire Improvement Plans to the extent such approval would not be required for initial Concessionaire Improvements. Furthermore, all Alterations and Substantial Alterations shall be subject to the following:
Appears in 1 contract
Samples: Concession Agreement
Alterations. A. Tenant shall not make or cause permit alterations to be made any alterationsthe foundation, additionsroof, renovationsHVAC System, improvements or installations in windows, exterior doors, walls, parking lot or to any item existing outside of the Leased Premises without Landlord’s prior consentProperty walls unless and until the plans have been approved by Landlord in writing, which such consent approval shall not be unreasonably withheld, unless conditioned or delayed. Landlord reasonably determines that shall require Tenant to remove the proposed Alterations could (i) alterations and restore the Property upon termination of this Lease; or alternatively, whether such alteration shall become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Notwithstanding the foregoing, Tenant may perform alterations to the Property without Landlord’s consent if such alterations do not affect the exterior or common areas structural components of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building Property or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the BuildingProperty’s systems. Tenant shall ensure that all alterations shall be made in no event make accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or permit better than the original construction the Property. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Property, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any lien. If any lien is filed against the Property for work claimed to have been done for or material claimed to have been furnished to, through or under Tenant, Tenant shall cause such lien to be made any alterations, modification, substitution discharged of record within thirty (30) days after filing or other change to provide Landlord with endorsements to Landlord insuring against the mechanical, electrical, plumbing, HVAC and sprinkler systems within existence of or serving the Leased Premisesattempted enforcement of such lien. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to indemnify Landlord a reasonable from all costs, losses, expenses and attorneys’ fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management any construction or supervision of such work by Landlord.
B. alteration and any related lien. Notwithstanding anything contained in this Section 9.037.02 to the contrary, Tenant shall have the right be permitted to (A) make Permitted Alterations minor cosmetic alterations (hereinafter definedcarpeting and painting); (B) in the Leased Premisesrewire electrical lines servicing Tenant’s equipment, and (C) install or replace data cabling without Landlord’s consent consent; provided, however, Tenant (but with twenty (20I) days prior written notice (shall not penetrate the “Permitted Alterations Notice”)roof, which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect roof membrane, the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month periodwalls and floor without Landlord’s consent; and (viII) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, shall remove all Tenant’s data cabling in its reasonable discretion, that entirety upon Tenant’s surrender of the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXProperty.
Appears in 1 contract
Samples: Lease Agreement (Regis Corp)
Alterations. A. Tenant (a) LESSEE shall have the right to make such interior alterations, decorations and improvements to the PREMISES not constituting a part of the building as may be proper and necessary for the conduct of its business and for the beneficial use of the PREMISES, provided the same do not affect the exterior or structural portion of the PREMISES and provided further that LESSEE shall:
(i) pay all costs, expenses and charges thereof,
(ii) make the same in accordance with applicable laws and building codes and in a good and workmanlike manner,
(iii) cause the same to be performed by qualified contractors who shall not create any labor or other disturbance in the OFFICE BUILDING while performing same,
(iv) fully and completely indemnify LESSOR against any mechanic's lien or other liens or claims in connection with the taking thereof, and
(v) not thereby diminish the value of the PREMISES or OFFICE BUILDING.
(b) LESSEE may make or cause to be made any alterations, additionsdecorations and improvements constituting a part of the building or affecting the exterior or structural portion of the PREMISES with the same provisions as contained in subparagraph (a) (i) - (v) but only after (i) obtaining. LESSOR'S prior consent thereto, renovations, improvements or installations in or and (ii) obtaining LESSOR'S consent to the Leased Premises without Landlord’s prior consentcontractor engaged to perform such work, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas . Upon completion of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations,. decorations and improvements constituting a part of the building or affecting the exterior and/or structural portions, additionsthe same shall immediately thereupon become a part of the PREMISES and be included in the word "PREMISES" as used in this LEASE.
(c) Notwithstanding the fact that alterations, renovationsdecorations and/or improvements to the PREMISES made by LESSEE may constitute a part of and be included in the word PREMISES as used in this LEASE, repair and/or restoration of damages thereto caused by fire and/or other casualty shall be the responsibility of LESSEE, whether or not covered by insurance by LESSEE, unless otherwise covered by LESSOR'S insurance (which shall not be considered primary insurance.)
(d) All of LESSEE'S CHATTELS and all interior alterations, decorations and improvements not constituting a part of the building installed in the PREMISES by LESSEE shall remain the property of LESSEE and shall be removed by LESSEE upon the termination of this LEASE, and LESSEE shall make any repairs necessitated by such removal. Any thereof not removed on or installations before the termination of this LEASE and surrender of possession of the PREMISES by TenantLESSEE shall be deemed abandoned by LESSEE and, Landlord at LESSOR'S election, may be treated and/or disposed of by LESSOR as LESSOR'S own property without further right or claim thereto by LESSEE, except that LESSEE shall reimburse LESSOR for the cost of removal if LESSOR elects to have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterationssame removed, and so notifies Tenant, Tenant LESSEE shall apply be liable to LESSOR for Landlord’s consent for such Alterations in accordance with the provisions any damages sustained by LESSOR as a result of this Article IXLESSEE'S failure to remove same.
Appears in 1 contract
Samples: Lease Agreement (GLB Bancorp Inc)
Alterations. A. Except as set forth on Exhibit “C” attached hereto, Tenant shall not without first obtaining Landlord’s written approval: (a) make or cause to be made any alterations, additions, renovationsor improvements (collectively, improvements “Alterations”); (b) install or installations in cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, shades or awnings; or (c) make any other Alterations to the Leased Premises without first obtaining Landlord’s prior consentwritten approval. The foregoing notwithstanding, which if the proposed Alteration is, in Landlord’s judgment, (a) likely to affect the structure of the Building or the electrical, plumbing, life safety or HVAC systems or otherwise adversely impacts the value of the Building, (b) does not comply with applicable laws, (c) affects the exterior of the Leased Premises, (d) violates any existing covenants, conditions or restrictions affecting the Property or violates Landlord’s loan documents, or (e) would unreasonably interfere with the normal business operations of other tenants in the Building, if any, such consent may be withheld at the sole and absolute discretion of Landlord; except for the foregoing, Landlord’s approval shall not be unreasonably withheld, unless conditioned or delayed. Tenant shall present to Landlord reasonably determines that plans and specifications for such work at the proposed time approval is sought. In the event Landlord consents to the making of any Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of to the Leased Premises or by Tenant, the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant same shall in no event make or permit to be made by Tenant at Tenant’s sole cost and expense. All such work shall be done only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld. All such work with respect to any alterationsAlterations shall be done lien free and in a good and workmanlike manner and diligently prosecuted to completion such that, modificationexcept as absolutely necessary during the course of such work, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased PremisesPremises shall at all times be a complete operating unit. If Landlord consents to Any such Alterations shall be performed and done strictly in accordance with all laws and ordinances relating thereto. In performing the work or any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03changes, Tenant shall have the right same performed in such a manner as not to make Permitted obstruct access to any portion of the Building. Any Alterations (hereinafter defined) in to or of the Leased Premises, without Landlord’s consent (including, but with twenty (20) days prior written notice (the “Permitted Alterations Notice”)not limited to, which notice wallcovering, paneling, and built‑in cabinet work, but excepting movable furniture and equipment, shall contain at once become a description part of the Permitted Alterations proposed to realty and shall be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in surrendered with the Leased Premises that could not unless Landlord otherwise elects at the time permission is granted to Tenant to install such items. Notwithstanding anything herein to the contrary, with respect to any non-structural alteration which (i) does not affect the exterior any Building system or common areas any portion of the Building or outside the structure or safety of the Building; Leased Premises and (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) does not cost more than Twenty Thousand Dollars ($20,000.00) 25,000 in any the aggregate in a twelve (12) month period; and (vi) require a permit. In , the event thatconsent of Landlord will not be required, within ten (10) provided Landlord receives at least 10 days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXadvance notice thereof.
Appears in 1 contract
Samples: Lease Agreement (Healthequity Inc)
Alterations. A. (a) In addition to any Restoration, Tenant may, at its sole expense and without Landlord’s consent, perform Alterations to the Improvements which do not constitute a Material Alteration; provided, however, in no event may Tenant make Alterations that (i) are inconsistent with Tenant’s permitted use of the Leased Property, (ii) materially and adversely affect the structural elements of the Improvements or the Building Systems, (iii) materially and adversely affect the useful life of the Improvements, (iv) materially change the exterior appearance of the Building, or (v) materially diminish the quality of finishes in the main ground floor lobby area, elevator lobby areas, stairways, visitor/guest bathrooms or elevator cabs. Tenant shall not make or cause to be made perform any alterations, additions, renovations, improvements or installations in or to the Leased Premises Material Alteration without Landlord’s prior written consent, which consent may not be unreasonably withheld, delayed or conditioned.
(b) Before making any Alterations, Tenant shall obtain, at its sole cost, all necessary Permits required to perform the proposed Alterations and at least five (5) Business Days before commencing work shall deliver copies of all such Permits to Landlord, together with plans and specifications for such work (except that no such plans and specifications shall be required to be delivered to Landlord for any minor or cosmetic Alterations, including changing any interior wall and floor coverings if plans are not required for permitting for such Alterations). Tenant shall diligently construct and complete all Alterations (i) in a good and workmanlike manner using a quality of material and workmanship at least as good as the original work or installation of the Improvements or Building Systems, as the case may be, (ii) in the case of a Material Alteration, substantially in accordance with the plans and specifications approved by Landlord, and in the case of any other Alteration (except any minor or cosmetic Alterations, including changing any interior wall and floor coverings if plans are not required for permitting for such Alterations), substantially in accordance with the plans and specifications delivered to Landlord, (iii) free of Liens, and (iv) within a commercially reasonable period, accounting for the scope and nature of the Alteration. Upon substantial completion of any Alterations, Tenant shall provide Landlord with evidence of Tenant’s compliance with the requirements of this Section 16(b). Once substantially completed, an Alteration shall become part of the Improvements for all purposes under this Lease.
(c) Any and all Alterations (whether temporary or permanent in character) which are constructed, installed or otherwise made by or on behalf of Tenant at Tenant’s cost shall be the property of Tenant, except those Alterations inextricably integrated with the Building or the Building Systems, which shall be the property of Tenant until the expiration or sooner termination of this Lease and shall thereupon become the property of Landlord. At the end of the Term, Tenant may elect to leave at the Leased Property the Tenant Improvements (and replacements of the Tenant Improvements) and any subsequent Alterations thereto that consist of customary office and/or laboratory Alterations (including, without limitation, fixed office partitions, carpeting, ceiling grids, lighting and cabling installed by Tenant) and office/laboratory-related Alterations that would not reasonably require an extraordinary cost (or damage to the Leased Property) to remove. Any other Alterations shall be removed at Tenant’s expense and the Leased Property restored to the condition as existed prior to such installation, unless with respect to any such Alteration, Tenant requests Landlord’s consent to such Alterations remaining in place either at the time Tenant requests Landlord’s consent to the installation of such Alteration, or at the time Landlord is advised by Tenant of its intention to install an Alteration and delivers the applicable plans and specifications to Landlord, as applicable, and Landlord consents in writing to such Alterations remaining in place. At Lease expiration or termination, all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment, other than system wiring and cabling) shall, at Landlord’s option, be removed by Tenant, at Tenant’s sole cost and expense, and such removal shall be accomplished in a good and workmanlike manner so as not to damage the Building, and any damage shall be repaired at Tenant’s cost and expense. If Tenant fails to remove any items required to be removed pursuant to this Section 16(c), such items shall be deemed to have been abandoned by Tenant, Landlord may do so and the reasonable costs and expenses thereof shall be deemed Additional Rent hereunder and shall be reimbursed by Tenant to Landlord within fifteen (15) days of Tenant’s receipt of an invoice therefor from Landlord.
(d) The Trade Fixtures are and shall remain Tenant’s Property. Tenant may, at its own cost, at any time before the termination of this Lease, install or place or reinstall or replace upon or remove from the Leased Property any such Trade Fixtures, so long as Tenant repairs any damage to the Leased Property caused by such installation, placement, reinstallation, replacement or removal. No Trade Fixtures shall become Landlord’s property, except to the extent they are not removed by Tenant and deemed abandoned and Landlord elects to retain them, and except to the extent Landlord acquires an interest in such Trade Fixtures by legal process in connection with a judgment obtained against Tenant following an Event of Default.
(e) All Alterations shall be performed by Landlord’s Contractor, or another qualified contractor selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld. In the event Tenant elects to engage a contractor other than Landlord’s Contractor for any Alterations, unless Tenant shall provide to Landlord reasonably determines a copy of such other contractor’s bid or proposal, and if such Alterations consist of customary office and office-related Alterations only (and not any specialized work in Tenant’s reasonable opinion) and if within seven (7) days of Landlord’s receipt of such bid or proposal Landlord’s Contractor submits a bid or proposal that the proposed Alterations could (i) affect the exterior or common areas meets all of the Building or adversely affect the Buildingterms of such other contractor’s structure or safety; (ii) adversely affect in any respect the electricalbid, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no accept such Landlord’s Contractor’s bid which meets all of such other contractor’s terms. In the event make or permit to be made Tenant does not utilize Landlord’s Contractor for installation of any alterationsAlterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord only the reasonable third-party review costs incurred by a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without third-party on Landlord’s consent (but with twenty (20) days prior written notice (behalf to review the “Permitted plans and specifications and inspect the Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state confirm that such Alterations they are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations installed in accordance with the provisions of Tenant’s obligations under this Article IXLease with respect to Alterations.
Appears in 1 contract
Alterations. A. (a) The Tenant shall not:
(i) demolish the Premises or do anything which would or might damage or injure them or divide them up or merge them with any other property;
(ii) make any external alterations or additions to or do anything which would change the external appearance of the Premises;
(iii) make any structural alterations or additions to the Premises; or
(iv) erect any new structure on or make any other alteration or addition to the Premises; except in accordance with the following provisions.
(b) The Tenant shall not be permitted to make or cause to be made any structural alterations, additions, renovations, improvements demolish or installations change the external appearance of the Premises other than in relation to either the Building Improvement Works or the Capital Premises Works.
(c) The Tenant shall be entitled to make internal non structural alterations or additions to the Leased Premises without and to put up, take down and alter internal free- standing partitions:
(i) which do not affect or prejudice the Landlord’s prior consent's rights under any warranties as to the design and construction of the Premises or anything in them;
(ii) which do not affect or interfere with any Services or Service Media in the Premises;
(iii) with the consent of the Landlord, which such consent shall not be unreasonably withheldwithheld or delayed; in which case the Tenant shall comply with the following obligations.
(d) Before commencement of any of the works referred to in clause (c) above, unless Landlord reasonably determines that the proposed Alterations could Tenant shall:
(i) affect obtain an Approved Set of Drawings from the exterior or common areas Landlord and supply the Landlord with a duplicate set of the Building or adversely affect the Building’s structure or safety; those drawings;
(ii) adversely affect notify the Landlord in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems writing of the Building full reinstatement cost of anything which the Tenant will be installing in the Premises which may be or become the functioning thereof; property of the Landlord;
(iii) be or become visible from enter into such covenants as the exterior Landlord shall reasonably require with regard to the execution of the Leased Premises or work and the Building; or reinstatement of the Premises;
(iv) interfere with obtain all necessary consents for the operation work, under any Enactment;
(v) notify the Landlord in writing of its intention to commence the work so that the Landlord may notify its insurers;
(vi) make a written declaration that the Tenant is the sole client for the purposes of the Building Construction Regulations;
(vii) provide the Landlord with a copy of that declaration and the acknowledgement of it from the Health and Safety Executive; and
(viii) provide any security which the Landlord reasonably requires to enable the Landlord to reinstate the Premises or to complete any work which the provision of services or utilities to other tenants in the Building. Tenant starts but does not finish.
(e) The Tenant shall in no event make or permit use all reasonable endeavours to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC start and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise finish such work within such time frame as the Landlord and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead agree acting reasonably and administrative costs shall carry out and expenses incurred in connection with the management or supervision of such complete that work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the Approved Set of Drawings and all the other provisions of this Article IXlease.
(f) The Tenant shall notify the Landlord, immediately and in writing, on completion of such work.
(g) Neither the Landlord nor its advisers shall be liable for the design or execution of any alterations or additions made by the Tenant, even though they may have approved the drawings for them or supervised their execution.
(h) Where the Landlord has reasonably required in the giving of its consent in accordance with sub-clause 6.8 (d) (iii) the Tenant shall remove any alterations or additions from the Premises and restore the Premises to the condition as evidenced by the Schedule of Condition, unless the Landlord gives the Tenant written permission not to do so.
Appears in 1 contract
Samples: Lease Agreement
Alterations. A. Tenant shall Lessee agrees not make to make, perform or conduct or cause to be made made, performed or conducted any alterationsmajor construction, additionsalterations or renovation to any Private Improvements or Ancillary Improvements to or on the Amended Leased Property, renovationswithout the prior written consent of the General Manager and without obtaining such building permits, other permits and licenses as required by law. Lessee shall barricade and secure any unsafe area pending such construction, alteration or renovation. Lessee shall keep the Amended Leased Property, the Private Improvements and the Ancillary Improvements and any other improvements free and clear of any and all claims attaching to real property, liens or installations encumbrances (hereinafter referred to as "liens" or "encumbrances") in any way arising out of any construction, alteration, renovation or use by Lessee and will remove any such claims, liens or encumbrances in a timely manner. Any construction, renovation or alterations to improvements on the Amended Leased Premises without Landlord’s prior consentProperty, which such consent other than those constituting what would be defined by law as personal property, shall become a part of the Amended Leased Property upon completion and shall not be unreasonably withheldremoved, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere but shall remain with the operation Amended Leased Property at the termination, non-renewal, cancellation or expiration of this Amended and Restated Lease. Notwithstanding the Building preceding sentence, any equipment or the provision of services personal property owned by Lessee which are not permanently attached or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents affixed to any such alterationsreal property and which can be removed without damaging the real property, additionsshall remain the property of Lessee and may be removed by Lessee, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlordif timely.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IX.
Appears in 1 contract
Samples: Lease Agreement
Alterations. A. Tenant shall will not make remove or cause demolish any improvement or building which is part of the Premises or any portion thereof or allow it to be made any alterationsremoved or demolished, additions, renovations, improvements or installations in or to without the Leased Premises without prior written consent of Landlord’s prior consent, which consent may be withheld in Landlord's sole and absolute discretion other than where such removal is required to comply with law or in the event of an emergency, in which case said consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make further agrees that it will not make, authorize or permit to be made any alterations, modification, substitution changes or other change alterations in or to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving Premises without first obtaining the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s 's written consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”)thereto, which notice consent shall contain a description of the Permitted Alterations proposed to not be undertaken by Tenant and state unreasonably withheld if Landlord is satisfied that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect Tenant has the exterior financial resources to undertake such changes or common areas of the Building or the structure or safety of the Building; alterations and (ii) such changes or alterations will not adversely affect the electricallicensure, plumbingcertification, fire/life/safety if applicable, or mechanical systems value of the Building Premises. All alterations, improvements and additions to the Premises shall be in quality and class at least equal to the original work and shall become the property of the Landlord and shall meet all building and fire codes, and all other applicable codes, rules, regulations, laws and ordinances. Nothing herein shall be deemed or construed to require Tenant to obtain Landlord's consent to non-structural changes or alterations such as painting, the replacement of wall coverings or the functioning thereofreplacement of floor coverings; (iii) provided, however, that all such work shall also be or in quality and class at least equal to the original work and shall become visible from the exterior property of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; Landlord and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterationsshall meet all building and fire codes, and so notifies Tenantall other applicable codes, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IXrules, regulations, laws and ordinances.
Appears in 1 contract
Samples: Lease Agreement (Emeritus Corp\wa\)
Alterations. A. Tenant shall not make make, or cause allow to be made made, any alterations, physical additions, renovations, improvements or installations in partitions, including without limitation the attachment of any fixtures or equipment, in, about or to the Leased Premises ("Alterations") without obtaining the prior written consent of Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the withheld with respect to proposed Alterations could which: (ia) affect comply with all applicable Regulations; (b) are, in Landlord's reasonable opinion, compatible with the exterior Building or common areas the Project and its mechanical, plumbing, electrical, heating/ventilation/air conditioning systems, and will not by their installation or operation cause the Building or Project or such systems to be required to be modified to comply with any Regulations (including, without limitation, the Americans With Disabilities Act); and (c) will not interfere with the use and occupancy of any other portion of the Building or adversely affect Project by any other tenant or its invitees. Specifically, but without limiting the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems generality of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenantforegoing, Landlord shall have the right of written consent for all plans and specifications for the proposed Alterations, construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to be employed on the work of Alterations, and the time for performance of such work, and may impose reasonable rules and regulations for contractors and subcontractors performing such work. Tenant shall also supply to Landlord any documents and information reasonably requested by Landlord in connection with Landlord's consideration of a request for approval hereunder. Tenant shall cause all Alterations to be accomplished in a first-class, good and workmanlike manner, and to comply with all applicable Regulations and Paragraph 27 hereof. Tenant shall at Tenant's sole expense, perform any additional work required under applicable Regulations due to the Alterations hereunder. No review or consent by Landlord of or to any proposed Alteration or additional work shall constitute a waiver of Tenant's obligations under this Paragraph 12, nor constitute any warranty or representation that the same complies with all applicable Regulations, for which Tenant shall at all times be solely responsible. Tenant shall reimburse Landlord for all reasonable third party costs which Landlord may incur in connection with granting approval to Tenant for any such Alterations, including any costs or expenses which Landlord may incur in electing to have outside architects and engineers review said plans and specifications, and shall pay Landlord an administration fee of five percent (but 5%) of the cost of the Alterations as Additional Rent hereunder. All such Alterations shall remain the property of Tenant until the expiration or earlier termination of this Lease, at which time they shall be and become the property of Landlord; provided, however, that Landlord may, at Landlord's option as long as Landlord gave written notice to Tenant prior to the construction of the Alterations regarding its intent to exercise this option,, require that Tenant, at Tenant's expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to cause any damage to the obligation) Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. In addition to and wholly apart from Tenant's obligation to pay Tenant's Proportionate Share of Operating Expenses, Tenant shall be responsible for and shall pay prior to delinquency any taxes or governmental service fees, possessory interest taxes, fees or charges in lieu of any such taxes, capital levies, or other charges imposed upon, levied with respect to or assessed against its sole discretion fixtures or personal property, on the value of Alterations within the Premises, and on Tenant's interest pursuant to manage this Lease, or supervise any increase in any of the foregoing based on such work and Alterations. To the extent that any such taxes are not separately assessed or billed to Tenant, Tenant shall pay the amount thereof as invoiced to Tenant by Landlord a provided Landlord provides Tenant reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of documentation supporting such work by Landlordcharges.
B. Notwithstanding anything contained in this Section 9.03In compliance with Paragraph 27 hereof, Tenant shall have the right to make Permitted Alterations (hereinafter defined) in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within at least ten (10) business days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenantbefore beginning construction of any Alteration, Tenant shall apply for Landlord’s consent for such Alterations give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in accordance with the provisions office of this Article IXthe recorder of the county in which the Building is located.
Appears in 1 contract
Samples: Lease (Geocities)
Alterations. A. Except as otherwise specifically provided in this Lease and minor cosmetic changes to the interior of the Premises, Tenant shall not make or cause to be made any alterations, additions, renovations, additions or improvements or installations in or to the Leased Premises without the prior written consent of Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless conditioned or delayed. Landlord reasonably determines shall not be required to notify Tenant of whether it consents to any alteration, addition or improvement until it (a) has received plans and specifications in a CAD disk format (or other format which is the industry standard at the time of the alteration) therefor which are sufficiently detailed to allow construction of the work depicted thereon to be performed in a good and workmanlike manner, and (b) has had a period of five business days to review them. Landlord's approval of any plans and specifications shall not be a representation that the proposed Alterations could (i) affect plans or the exterior work depicted thereon will comply with law or common areas be adequate for any purpose, but shall merely be Landlord's consent to performance of the Building work. Upon completion of any material alteration, addition, or adversely improvement, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor in a CAD disk format (or other format which is the industry standard at the time of the alteration); provided that Tenant is not required to provide such plans in a CAD disk format (or other format which is the industry standard at the time of the alteration) for alterations, addition, or improvements that cost less than $10,000.00 in the aggregate to construct; provided further, however, that in any event, and regardless of cost, if the alteration, addition or improvement will affect the Building’s structure 's structure, HVAC system, or safety; (ii) adversely affect in any respect the mechanical, electrical, plumbingor plumbing systems, fire/life/safety then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord and provided to Landlord in a CAD disk format (or mechanical (including HVAC) systems other format which is the industry standard at the time of the Building or alteration). Tenant may erect shelves, bins, machinery and trade fixtures provided that such items (1) do not alter the functioning thereof; (iii) be or become visible from the exterior basic character of the Leased Premises or the Building; (2) do not overload or damage the same; and (iv3) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to may be made any alterations, modification, substitution or other change removed without damage to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Unless Landlord consents to any such specifies in writing otherwise, all alterations, additions, renovationsand improvements, improvements but not Tenant's trade fixtures, shall be Landlord's property when installed in the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or installations before the earlier to occur of the day of termination or expiration of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition, reasonable wear and tear excepted. All work performed by TenantTenant in the Premises (including that relating to the installations, repair replacement, or removal of any item) shall be performed in accordance with all applicable governmental laws, ordinances, regulations, and with Landlord's reasonable specifications and requirements, in a good and workmanlike manner, and so as not to damage or alter the Building's structure or the Premises. Tenant shall be responsible for compliance with The Americans With Disabilities Act of 1990 (as amended, the "Act") as the Act effects the Premises, including the entrance doors to the Premises located in exterior walls of a Building which are modified by Tenant in connection with its renovation of the Premises or the outside of a Building; Landlord shall be responsible for compliance with the Act as it effects the Project and are not the responsibility of Tenant as provided in this sentence. Notwithstanding the foregoing, Landlord shall have bear all expenses of altering the right (but not applicable portion of the obligation) in its sole discretion Expansion Space to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection comply with the management or supervision Act as of such work by Landlord.
B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (hereinafter defined) applicable Commencement Date based on the density ratios of comparable space in the Leased Current Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the event that, within ten (10) days after receiving the Permitted Alterations Notice, Landlord determines, in its reasonable discretion, that the proposed Alterations are not Permitted Alterations, and so notifies Tenant, Tenant shall apply for Landlord’s consent for such Alterations in accordance with the provisions of this Article IX.
Appears in 1 contract
Samples: Lease Agreement (Luminex Corp)
Alterations. A. (A) Tenant, upon at least ten (10) days written notice to Landlord, but without obtaining Landlord’s consent, may make Alterations within the Premises which do not require a building permit and are purely decorative in nature, such as painting, carpeting, wall covering, and the like (such Alterations, hereinafter “Decorative Alterations”) and other Alterations not of the type described in clauses (1) through (5) of the following sentence that cost in the aggregate less than $150,000 in any twelve (12) month period and do not require a building permit (“Minor Alterations”). Tenant shall not make or cause to be made any alterations, additions, renovations, improvements or installations in or to the Leased Premises without Landlord’s prior consent, which such consent shall not be unreasonably withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or common areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterationsother Alterations without Landlord’s prior written consent, modificationwhich consent shall not be unreasonably withheld or delayed, substitution or other change provided that (1) the outside appearance of the Building shall not be affected; (2) the strength of the Building shall not be affected; (3) the structural parts of the Building shall not be affected; (4) except as otherwise expressly provided in this Lease, no part of the Building outside of the Premises shall be affected; and (5) the proper functioning of the Building Systems shall not be adversely affected and the use of such systems by Tenant shall not be increased beyond Tenant’s allocable portion of reserve capacity thereof, if any. Reference is made to the mechanicalConstruction Rules and Regulations annexed to this Lease as Schedule F and incorporated herein by reference. Any dispute between the parties as to whether Landlord’s withholding or delay of its consent to a proposed Alteration is reasonable shall be resolved by expedited arbitration in accordance with Article 43 of this Lease.
(1) Prior to making any Alterations, Tenant shall, at Tenant’s expense, (i) other than with respect to Decorative Alterations and Minor Alterations, submit to Landlord three (3) sets of blue lines of final, stamped and detailed plans and specifications (including layout, architectural, electrical, plumbingmechanical and structural drawings) that comply with all Laws for each proposed Alteration, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to Tenant shall not commence any such alterationsAlteration without first obtaining Landlord’s approval of such plans and specifications in accordance with subsection (2) below, additions(ii) at Tenant’s expense, renovationsobtain all permits, improvements or installations approvals and certificates required by any Government Authorities, and (iii) furnish to Landlord certificates evidencing worker’s compensation insurance (covering all persons to be employed by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead Tenant’s contractors and administrative costs and expenses incurred subcontractors, in connection with the management or supervision such Alteration) and commercial general liability insurance (including premises operation, bodily injury, personal injury, death, independent contractors, products and completed operations, broad form contractual liability and broad form property damage coverages) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably approve, and as otherwise specified in Schedule H annexed to this Lease, naming Landlord and its agents, any Lessor and any Mortgagee, as additional insureds. Within thirty (30) days after completion of such work Alteration, Tenant, at Tenant’s expense, shall obtain certificates of final approval of such Alterations required by any Government Authority and shall furnish Landlord with copies thereof, together with the “as-built” plans and specifications for such Alterations, in AutoCad, Release 14 format, on CD Rom, or such other format as shall from time to time be reasonably designated by Landlord.
B. . Notwithstanding anything contained in this Section 9.03the foregoing, Tenant shall have submit Tenant’s plans and specifications to applicable Government Authorities in such format as may be required by such Government Authorities. All Alterations shall be made and performed substantially in accordance with the right plans and specifications therefor as approved by Landlord, all Laws and the Construction Rules and Regulations. All materials and equipment to make Permitted Alterations (hereinafter defined) be incorporated in the Leased PremisesPremises as a result of any Alterations shall be first quality and no such materials or equipment shall be subject to any lien, without encumbrance, chattel mortgage, title retention or security agreement. In addition, except for Decorative Alterations and Landlord’s consent Initial Alterations Work, (but with twenty (20x) days prior written notice (the “Permitted Alterations Notice”), which notice shall contain a description of the Permitted Alterations proposed any Alteration to be undertaken performed by or on behalf of a party other than the original named Tenant or a permitted successor for which the cost of labor and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations materials (as reasonably estimated by Landlord’s architect, engineer or contractor) is in excess of Seventy Five Thousand ($75,000.00) Dollars, either individually or in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere aggregate with the operation of the Building or the provision of services or utilities to any other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) Alteration constructed in any twelve (12) month period; , shall not be undertaken prior to Tenant’s delivering to Landlord such security for timely lien-free completion thereof as is reasonably satisfactory to Landlord, and (viy) require all Alterations shall be performed only under the supervision of a permit. In licensed architect reasonably satisfactory to Landlord.
(2) Landlord shall respond to the event that, proposed plans and specifications referred to in Section 6.1(B)(1)(i) within fifteen (15) Business Days after submission (and within ten (10) Business Days after any resubmission), but Landlord shall have no liability to Tenant by reason of Landlord’s failure to respond within such time period. In the event that Landlord fails to respond within the foregoing time period, and Tenant thereafter provides Landlord with a second notice of its proposed plans and specifications (provided such notice shall be delivered in writing in accordance with Article 27 and state in eighteen-point bold, capital letters the following: “IF LANDLORD DOES NOT RESPOND TO THIS REQUEST FOR APPROVAL WITHIN FIVE (5) BUSINESS DAYS, LANDLORD’S APPROVAL OF THE PLANS AND SPECIFICATIONS SHALL BE DEEMED GRANTED IN ACCORDANCE WITH SECTION 6.1(B)(2) OF THE LEASE.”), and Landlord fails to respond to such second notice within five (5) Business Days of Landlord’s receipt thereof, Landlord shall be deemed to have approved the proposed plans and specifications in connection with such Alteration. Landlord reserves the right to disapprove any plans and specifications in part, to reserve approval of items shown thereon pending its review and approval of other plans and specifications, and to condition its approval upon Tenant making revisions to the plans and specifications or supplying additional information. Tenant agrees that any review or approval by Landlord of any plans and/or specifications with respect to any Alteration is solely for Landlord’s benefit, and without any representation or warranty whatsoever to Tenant or any other Person with respect to the adequacy, correctness or sufficiency thereof or with respect to Laws or otherwise.
(3) Notwithstanding anything to the contrary provided herein, Tenant shall be entitled to make Department of Building filings through the professional certification filing procedure. In addition, Tenant shall have the right to submit a scope set of plans and specifications to Landlord prior to one hundred percent (100%) completion of the plans and specifications for a particular Alteration (other than with respect to any of Landlord’s Initial Alterations Work), provided that Landlord shall have the right to condition its approval of items shown on such incomplete plans and specifications pending its review and approval of one hundred percent (100%) complete plans and specifications for such Alteration. Landlord shall execute any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with any permitted Alteration (provided that the applicable Requirement requires Landlord to execute such application) within seven (7) Business Days after Tenant’s request from time to time and shall otherwise cooperate reasonably with Tenant in connection therewith. Landlord agrees to so execute any such applications promptly after Tenant’s submittal of plans and specifications even if the subject Alteration has not yet been approved by Landlord provided that Landlord’s execution of any such application shall not in any way be deemed to mean that Landlord has consented thereto. Nothing contained herein shall obviate Tenant’s obligation to obtain Landlord’s approval to an Alteration as otherwise required in this Article 6. Tenant shall reimburse Landlord for any out-of-pocket costs, including, without limitation, reasonable attorneys’ fees and disbursements, that Landlord incurs in so executing such applications and cooperating with Tenant, within thirty (30) days after receiving the Permitted date that Landlord gives to Tenant an invoice therefor from time to time.
(1) Except as otherwise provided Construction Rules and Regulations, Tenant shall be permitted to perform Alterations Noticeduring Operating Hours, provided that such work does not, in Landlord’s reasonable determination, generate excessive noise or vibration or otherwise interfere with or interrupt the operation and maintenance of the Building or interfere with or interrupt the use and occupancy of the Building by other tenants in the Building. Otherwise, Alterations shall be performed at Tenant’s expense and at such times and in such manner as Landlord determinesmay from time to time reasonably designate.
(2) All Alterations (including Landlord’s Initial Alterations Work) shall become a part of the Building and shall be Landlord’s property from and after the installation thereof and, except as otherwise provided in this Lease, may not be removed or changed without Landlord’s consent. Notwithstanding any provision to the contrary contained in this Lease, however, Tenant, at Tenant’s expense, prior to the Fixed Expiration Date, or, in the case of an earlier termination of this Lease, within thirty (30) days after such termination, shall remove all (i) Specialty Alterations, including those included as part of Landlord’s Initial Alterations Work and (ii) subject to Section 6.1(C)(3), such other items installed by or on behalf of Tenant after the date of this Lease which are unusually difficult and/or expensive to remove as determined by Landlord in its reasonable discretiondiscretion (the items described in this clause (ii) are referred to herein as “Additional Specialty Alterations”); provided, however, that (x) Tenant may elect, by written notice delivered to Landlord no later than six (6) months prior to the proposed Expiration Date (the parties hereby agreeing that TIME SHALL BE OF THE ESSENCE with respect to such date and that Tenant shall have no right whatsoever to make the election provided for in this Section 6.1(C)(2)(x) if such notice is not delivered to Landlord on or prior to such date), not to remove one or more Specialty Alterations and/or Additional Specialty Alterations before the Expiration Date, in which event (I) Landlord shall submit to Tenant a budget (the “Removal Budget”) for the costs of removal of such Specialty Alterations and/or Additional Specialty Alterations (such Removal Budget to include the costs of repairing and restoring any damage to the Building or the Premises caused thereby, together with a fee equal to five (5%) percent of all such costs) (collectively, the “Removal Costs”), (II) Tenant shall pay to Landlord, on or before the date which is ninety (90) days prior to the Expiration Date, an amount equal to one hundred percent (100%) of the Removal Budget, (III) in the event the Removal Costs incurred by Landlord exceed the Removal Budget, Tenant shall pay to Landlord the amount of such excess Removal Costs within thirty (30) days after Landlord submits to Tenant an invoice therefor together with reasonable supporting documentation for the charges set forth therein and (IV) in the event the Removal Costs incurred by Landlord are less than ninety percent (90%) of the Removal Budget, Landlord shall refund to Tenant, on or before the first anniversary of the Expiration Date, the amount by which the Removal Budget exceeds the Removal Costs incurred by Landlord and (y) if Landlord notifies Tenant in writing prior to the Expiration Date that Landlord desires all or any of such Specialty Alterations and/or Additional Specialty Alterations to remain in the Premises, then any such items designated in such notice shall remain in the Premises and shall not Permitted Alterationsbe removed by or on behalf of Tenant. In making its election pursuant to clause (x) above, Tenant shall be reasonable in its determination of which Specialty Alterations and/or Additional Specialty Alterations to not remove, taking into account matters of cost and so notifies time efficiency of the work required with respect to both Landlord and Tenant in connection with the removal of all Specialty Alterations and/or Additional Specialty Alterations (by way of example, for illustrative purposes only, Tenant electing not to remove a staircase, but electing to fill in the staircase upon its removal by Landlord, would be unreasonable). Upon any removal of any Alterations by Tenant, Tenant shall apply for Landlord’s consent for repair and restore in a good and workerlike manner to Building standard condition (reasonable wear and tear excepted) any damage to the Premises or the Building caused by such Alterations in accordance with the removal. The provisions of this Article IX.Section 6.1(C)(2) shall survive the Expiration Date, except that, notwithstanding the foregoing, Tenant shall not be obligated to reimburse Landlord for the costs of removing any Specialty Alterations and/or Additional Specialty Alterations that Landlord did not remove or commence removing on or before the first anniversary of the Expiration Date. In no event shall the failure to remove any Specialty
Appears in 1 contract
