Common use of Approval by Landlord of Improvements Clause in Contracts

Approval by Landlord of Improvements. After completion of Landlord’s Work and Base Building Work, Tenant may not make alterations, additions or improvements to the Demised Premises (“Alterations”), or any part thereof (other than interior improvements or alterations of a decorative nature which shall not require Landlord’s consent), without the prior written consent of Landlord, not to be unreasonably withheld or delayed, but it shall be deemed reasonable for Landlord to withhold consent if any Alterations would adversely affect the Building Systems and/or the Building’s Structure. The parties agree that the Base Building Work and Landlord’s Work are not Alterations. Prior to starting any work, Tenant furnish Landlord with (i) copies of any plans and specifications (or if no construction permit is required and plans and specifications are not customarily required for work of the kind proposed (such as, for example, painting or other cosmetic alterations), a reasonably accurate description of the work to be performed), (ii) any permits that may be required by law for performing such work or improvements (other than the Certificate of Occupancy) and (iii) copies of certificates of insurance, for the coverage amounts required herein, for each and every contractor and/or vendor performing work in or about the Demised Premises for Tenant. In all events, Landlord shall be permitted to approve, at its sole and absolute discretion, the contractors to be used by Tenant for HVAC work, plumbing work, mechanical work or electrical work, which approval shall not be unreasonably withheld or delayed, provided that such contractors charge commercially reasonable fees. Landlord agrees to respond to any written request for approval of any plans and specifications (and confirmation if same contain Specialty Alterations) and contractors within seven (7) business days after receipt thereof by Landlord. Any permitted Alterations shall be performed lien free, in a good and workmanlike manner and using Building standard or better quality materials in accordance with all requirements of any applicable governmental authority, the terms and conditions of all required insurance policies and any other provisions relating to Tenant’s work herein contained. Tenant’s Alterations shall be performed in such a manner as to cause a minimum of interference with other construction activities currently in progress at the same time in the Building or as to any other tenant’s use or occupancy of their leased premises. Tenant shall reimburse Landlord within thirty (30) days after rendition of a xxxx for all of Landlord’s actual reasonable out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant’s plan and specifications and for the monitoring of construction of the Alterations. Without Landlord’s prior written consent, Tenant shall not use any portion of the Common Areas in connection with the making of any Alterations. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Demised Premises upon the expiration or sooner termination of this Lease, unless Landlord requires the removal of any such Alterations, which are not customary for a business office (“Specialty Alterations”), and the parties agree that Tenant’s cabling and wiring are not a Specialty Alteration. Notwithstanding anything to the contrary contained herein, Landlord agrees that there are no Specialty Alterations on the Preliminary Space Plan. If Landlord requires the removal of such Specialty Alterations, it shall so notify Tenant at the time of its approval of same (and failing such notice by the Landlord at the time of such approval with respect to any such Alteration, the Tenant shall have no such removal obligation with respect to such Alteration), and Tenant shall at its sole cost and expense, forthwith and with all due diligence (but in any event not later than ten (10) business days after the expiration or earlier termination of the Lease) remove all or any portion of any such Specialty Alterations made by Tenant which are designated by Landlord to be removed (including without ​ ​ limitation stairs, if applicable) and repair and restore the Demised Premises in a good and workmanlike manner to their original condition, reasonable wear and tear, casualty and condemnation excepted. Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all loss, liability, damage cost or expense (including, without limitation, reasonable attorney’s fees, disbursements and court costs) resulting from such work. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Landlord’s consent to or approval of any Alterations, (or the plans or specifications therefore) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable laws and insurance requirements, and Tenant shall be solely responsible for ensuring all such compliance.

Appears in 2 contracts

Samples: Lease Agreement (Agile Therapeutics Inc), Lease Agreement (Agile Therapeutics Inc)

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Approval by Landlord of Improvements. After completion of LandlordTenant’s Work and Base Building Work, Tenant may not make alterations, additions or improvements to the Demised Premises (“Alterations”), or any part thereof part, (other than interior improvements or alterations of a decorative nature which shall not require Landlord’s consentnature), without the prior written consent of Landlord, not to be unreasonably withheld or delayed, but it shall be deemed if the reasonable for Landlord to withhold consent if cost of such alterations, additions or improvements exceeds five thousand ($5,000) dollars or includes any Alterations would adversely affect the Building Systems and/or the Building’s Structure. The parties agree that the Base Building Work and Landlord’s Work are not AlterationsHVAC work, plumbing work, mechanical work or electrical work or any structural alterations. Prior to starting any work, Tenant furnish Landlord with (i) copies of any plans and specifications (or if no construction permit is required and plans and specifications are not customarily required for work of the kind proposed (such as, for example, painting or other cosmetic alterations), a reasonably accurate description of the work to be performed)specifications, (ii) any permits that may be required by law for performing such work or improvements (other than the Certificate of Occupancy) and (iii) copies of certificates of insurance, for the coverage amounts required herein, for each and every contractor and/or vendor performing work in or about the Demised Premises for Tenant. In all events, Landlord shall be permitted to approve, at its sole and absolute discretion, the contractors to be used by Tenant for HVAC work, plumbing work, mechanical work or electrical work, which approval shall not be unreasonably withheld or delayed, provided that such contractors charge commercially reasonable fees. Landlord agrees to respond to any written request for approval of any plans and specifications (and confirmation if same contain Specialty Alterations) and contractors within seven (7) business days after receipt thereof by Landlord. Any permitted Alterations shall be performed lien free, in a good and workmanlike manner and using Building standard or better quality materials in accordance with all requirements of any applicable governmental authority, the terms and conditions of all required insurance policies and any other provisions relating to Tenant’s work herein contained. Tenant’s In no event shall Tenant make any Alterations shall be performed in such a manner as to cause a minimum of interference with other construction activities currently in progress at the same time in outside dimensions of the Building or as to any other tenant’s use the existing bearing walls and columns, exterior walls, roof, structural ceiling or occupancy of their leased premisesfoundations. Tenant shall reimburse Landlord within thirty (30) days after rendition of As a xxxx for all condition of Landlord’s actual reasonable out-of-pocket costs incurred in connection with approval of any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for shall have the review and approval of Tenant’s plan and specifications and for right to require Tenant to restore the monitoring of construction of Demised Premises to the Alterations. Without Landlord’s conditions prior written consent, Tenant shall not use any portion of the Common Areas in connection with the making of to any Alterations. Any Alterations made by Tenant Landlord shall become the property of Landlord upon installation and shall remain on and be surrendered with the Demised Premises upon the expiration or sooner termination of this Lease, unless Landlord requires the removal of any such Alterations, which are not customary for a business office (“Specialty Alterations”), and the parties agree that Tenant’s cabling and wiring are not a Specialty Alteration. Notwithstanding anything to the contrary contained herein, Landlord agrees that there are no Specialty Alterations on the Preliminary Space Plan. If Landlord requires the removal of such Specialty Alterations, it shall so notify Tenant at the time of Landlord grants its approval of same (and failing such notice by consent to the Landlord at the time of such approval with respect to any such Alteration, the Alterations whether Tenant shall have no such removal obligation with respect be required to such Alteration), and Tenant shall at its sole cost and expense, forthwith and with all due diligence (but in any event not later than ten (10) business days after the expiration or earlier termination of the Lease) remove all or any portion of any such Specialty Alterations made by Tenant which are designated by Landlord to be removed (including without ​ ​ limitation stairs, if applicable) and repair and restore the Demised Premises in a good and workmanlike manner to their original condition, reasonable wear and tear, casualty and condemnation excepted. Tenant agrees the conditions prior to indemnify, defend and hold Landlord harmless from and against any and all loss, liability, damage cost or expense (including, without limitation, reasonable attorney’s fees, disbursements and court costs) resulting from such work. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Landlord’s consent to or approval of any Alterations, (or the plans or specifications therefore) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable laws and insurance requirements, and Tenant shall be solely responsible for ensuring all such compliance.

Appears in 1 contract

Samples: Lease Agreement (Sco Group Inc)

Approval by Landlord of Improvements. After completion of Landlord’s Work and Base Building Tenant's Work, Tenant may not make alterations, additions or improvements to the Demised Premises ("Alterations"), or any part thereof part, (other than interior improvements or alterations of a decorative nature which shall not require Landlord’s consentnature), without the prior written consent of Landlord, not to be unreasonably withheld or delayed, but it shall be deemed if the reasonable for Landlord to withhold consent if cost of such alterations, additions or improvements exceeds five thousand ($5,000) dollars or includes any Alterations would adversely affect the Building Systems and/or the Building’s Structure. The parties agree that the Base Building Work and Landlord’s Work are not AlterationsHVAC work, plumbing work, mechanical work or electrical work or any structural alterations. Prior to starting any work, Tenant furnish Landlord with (i) copies of any plans and specifications (or if no construction permit is required and plans and specifications are not customarily required for work of the kind proposed (such as, for example, painting or other cosmetic alterations), a reasonably accurate description of the work to be performed)specifications, (ii) any permits that may be required by law for performing such work or improvements (other than the Certificate of Occupancy) and (iii) copies of certificates of insurance, for the coverage amounts required herein, for each and every contractor and/or vendor performing work in or about the Demised Premises for Tenant. In all events, Landlord shall be permitted to approve, at its sole and absolute discretion, the contractors to be used by Tenant for HVAC work, plumbing work, mechanical work or electrical work, which approval shall not be unreasonably withheld or delayed, provided that such contractors charge commercially reasonable fees. Landlord agrees to respond to any written request for approval of any plans and specifications (and confirmation if same contain Specialty Alterations) and contractors within seven (7) business days after receipt thereof by Landlord. Any permitted Alterations shall be performed lien free, in a good and workmanlike manner and using Building standard or better quality materials in accordance with all requirements of any applicable governmental authority, the terms and conditions of all required insurance policies and any other provisions relating to Tenant’s 's work herein contained. Tenant’s In no event shall Tenant make any Alterations shall be performed in such a manner as to cause a minimum of interference with other construction activities currently in progress at the same time in outside dimensions of the Building or as to any other tenant’s use the existing bearing walls and columns, exterior walls, roof, structural ceiling or occupancy of their leased premisesfoundations. Tenant shall reimburse Landlord within thirty (30) days after rendition of As a xxxx for all condition of Landlord’s actual reasonable out-of-pocket costs incurred in connection with 's approval of any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for shall have the review and approval of Tenant’s plan and specifications and for the monitoring of construction of the Alterations. Without Landlord’s prior written consent, right to require Tenant shall not use any portion of the Common Areas in connection with the making of any Alterations. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with to restore the Demised Premises upon the expiration or sooner termination of this Lease, unless Landlord requires the removal of any such Alterations, which are not customary for a business office (“Specialty Alterations”), and the parties agree that Tenant’s cabling and wiring are not a Specialty Alteration. Notwithstanding anything to the contrary contained hereinconditions prior to any Alterations; provided, Landlord agrees however, that there are no Specialty Alterations on the Preliminary Space Plan. If Landlord requires the removal of such Specialty Alterationsif Tenant, it shall so notify Tenant at the time of its approval of same (and failing such notice by it requests Landlord's consent, also inquires whether Landlord will require Tenant to restore the Demised Premises, Landlord at the time shall notify Tenant of such approval with respect requirement to restore prior to Tenant making any such Alterationrequested Alterations. Tenant, the Tenant shall have no such removal obligation with respect to such Alteration), and Tenant shall at its sole cost and expense, forthwith shall be allowed to secure the Demised Premises utilizing card key access, camera surveillance and with all due diligence (but in any event not later than ten (10) business days after the expiration or earlier termination of the Lease) remove all or any portion other security measures deemed necessary by Tenant, subject to Landlord's reasonable approval of any such Specialty Alterations made by Tenant which are designated by Landlord to be removed (including without ​ ​ limitation stairs, if applicable) and repair and restore the Demised Premises in a good and workmanlike manner to their original condition, reasonable wear and tear, casualty and condemnation excepted. Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all loss, liability, damage cost or expense (including, without limitation, reasonable attorney’s fees, disbursements and court costs) resulting from such work. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Landlord’s consent to or approval of any Alterations, (or the plans or specifications therefore) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable laws and insurance requirements, and Tenant shall be solely responsible for ensuring all such compliancesystems.

Appears in 1 contract

Samples: Lease Agreement (Cover All Technologies Inc)

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Approval by Landlord of Improvements. After completion of Landlord’s Work and Base Building WorkExcept with respect to painting or carpeting, Tenant may not make make, repairs, alterations, additions or improvements to the Demised Premises (“Alterations”)Premises, or any part thereof (other than interior improvements or alterations of a decorative nature which shall not require Landlord’s consent)thereof, without the prior written consent of Landlord, not if the reasonable cost of such improvements is estimated to be unreasonably withheld or delayed, but it shall be deemed reasonable for Landlord exceed an amount equal to withhold consent if any Alterations would adversely affect the Building Systems and/or the Building’s Structure. The parties agree that the Base Building Work and Landlord’s Work are not Alterations. Prior to starting any work, Tenant furnish Landlord with (i) copies of any plans and specifications (or if no construction permit is required and plans and specifications are not customarily required for work $0.50 per rentable square feet of the kind proposed (such as, for example, painting or other cosmetic alterations), a reasonably accurate description of the work to be performed), (ii) any permits that may be required by law for performing such work or improvements (other than the Certificate of Occupancy) and (iii) copies of certificates of insurance, for the coverage amounts required herein, for each and every contractor and/or vendor performing work in or about the Demised Premises for Tenant. In all events, Landlord shall be permitted to approve, at its sole and absolute discretion, the contractors to be used by Tenant for HVAC work, plumbing work, mechanical work or electrical work, which approval shall not be unreasonably withheld or delayed, provided that such contractors charge commercially reasonable fees. Landlord agrees to respond to any written request for approval of any plans and specifications (and confirmation if same contain Specialty Alterations) and contractors within seven (7) business days after receipt thereof by LandlordPremises. Any permitted Alterations alterations shall be performed lien free, in a good and workmanlike xxxxxxx-like manner and using Building standard or better quality materials in accordance with all requirements of any applicable governmental authority, the terms and conditions of all required insurance policies and any other provisions relating to Tenant’s work Tenant Work herein contained. Tenant’s Alterations In no event shall be performed in such a manner as to cause a minimum Tenant make any alterations of interference with other construction activities currently in progress at the same time in outside dimensions of the Building or as the existing load-bearing walls and columns, exterior walls, roof, structural ceiling or foundations. Landlord shall have the right to require Tenant to restore the Demised Premises to the conditions prior to any other tenantalterations made after the completion of the initial Tenant Work (subject to the immediately succeeding sentence). If Landlord’s use consent to an alteration, addition or occupancy improvement is required hereunder and Landlord consents to the same, then at the time Landlord provides such consent Landlord shall notify Tenant if such alteration, addition or improvement will need to be removed at the end of their leased premises. the Term (and the Demised Premises restored as provided above), it being agreed that if Landlord informs Tenant shall reimburse that such alteration, addition or improvement will need to be removed at the end of the Term, Landlord within may thereafter later (as long as such notice is provided at least thirty (30) days after rendition of a xxxx for all of Landlord’s actual reasonable out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for prior to the review and approval of Tenant’s plan and specifications and for the monitoring of construction end of the Alterations. Without Landlord’s prior written consentTerm) instruct Tenant not to remove such alteration, Tenant shall not use any portion of the Common Areas in connection with the making of any Alterations. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Demised Premises upon the expiration addition or sooner termination of this Lease, unless Landlord requires the removal of any such Alterations, which are not customary for a business office (“Specialty Alterations”), and the parties agree that Tenant’s cabling and wiring are not a Specialty Alteration. Notwithstanding anything to the contrary contained herein, Landlord agrees that there are no Specialty Alterations on the Preliminary Space Plan. If Landlord requires the removal of such Specialty Alterations, it shall so notify Tenant at the time of its approval of same (and failing such notice by the Landlord at the time of such approval with respect to any such Alteration, the Tenant shall have no such removal obligation with respect to such Alteration), and Tenant shall at its sole cost and expense, forthwith and with all due diligence (but in any event not later than ten (10) business days after the expiration or earlier termination of the Lease) remove all or any portion of any such Specialty Alterations made by Tenant which are designated by Landlord to be removed (including without ​ ​ limitation stairs, if applicable) and repair and restore the Demised Premises in a good and workmanlike manner to their original condition, reasonable wear and tear, casualty and condemnation excepted. Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all loss, liability, damage cost or expense (including, without limitation, reasonable attorney’s fees, disbursements and court costs) resulting from such work. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Landlord’s consent to or approval of any Alterations, (or the plans or specifications therefore) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable laws and insurance requirements, and Tenant shall be solely responsible for ensuring all such complianceimprovement.

Appears in 1 contract

Samples: Lease (Edge Therapeutics, Inc.)

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