Common use of By Tenant Clause in Contracts

By Tenant. Except for Minor Alterations, Tenant shall not make or permit to be made any Alterations without Landlord’s prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterations, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense, shall be performed in good and workmanlike manner using new materials of good quality and shall comply with all Requirements. Tenant shall not commence the making of any such Alterations until (a) all required governmental approvals and permits shall have been obtained, (b) all requirements regarding insurance imposed by this Lease have been satisfied, (c) Tenant shall have given Landlord at least five (5) Business Days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (d) any and all conditions to Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. Tenant shall not make any Alterations to the Outside Areas. As used in this Article, Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 2 contracts

Samples: Reciprocal Easement Agreement (Silver Spring Networks Inc), Reciprocal Easement Agreement (Silver Spring Networks Inc)

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By Tenant. Except for Minor AlterationsTenant shall, Tenant shall at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not make or permit to be made any Alterations without Landlord’s prior written consentexpress responsibility under this Lease, which as and shall keep the Premises in compliance with all applicable Laws and insurance requirements and in good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant and located in the Premises or other portions of the Building or Project; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors retained by or on behalf of Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Landlord reserves the right to perform any Major Alterations may be given of the foregoing maintenance or withheld in Landlord’s sole discretion. All Alterations shall repair obligations or require that such obligations be performed only by contractors, engineers or architects reasonably a contractor approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterations, once so approved, shall be made, constructed or installed by Tenant all at Tenant’s expense, . All work shall be performed in good accordance with the rules and workmanlike manner using new materials of good quality and shall comply with all Requirementsprocedures described in Section 8(a). If Tenant fails to make any repairs to the Premises for more than thirty (30) days after notice from Landlord (although notice shall not commence the making of any such Alterations until (a) all be required governmental approvals and permits shall have been obtained, (b) all requirements regarding insurance imposed by this Lease have been satisfied, (c) Tenant shall have given Landlord at least five (5) Business Days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (d) any and all conditions to Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. Tenant shall not make any Alterations to the Outside Areas. As used in this Article, Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorwaysif there is an emergency, or if the like. As a part area to be repaired is visible from the exterior of and at the time granting Landlord’s approval for Tenant to make AlterationsBuilding), Landlord may require that (but without any obligation), in addition to any other remedy available to Landlord, make the repairs, and Tenant remove any such Alterations prior shall pay the reasonable cost of the repairs to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. At the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s requestthis Lease, Tenant shall pay surrender the Premises in the condition required under this Lease, excepting reasonable wear and tear and losses required to be restored by Landlord’s reasonable out of pocket costs . If Landlord elects to inspect the construction store any personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, same shall be stored at the sole cost and risk of Tenant. Landlord or its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Complex or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s Alterations closets, bathrooms, break rooms and around outside walls) for mold prevention. In signing this Lease, Tenant has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the Premises. Tenant agrees to have Landlord’s architect revise Landlord’s drawings immediately notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to show evaluate and make recommendations and/or take appropriate corrective action. Tenant relieves Landlord from any liability for any bodily injury or illness or damages to property caused by or associated with moisture or the work performed growth of or occurrence of mold or mildew on the Premises. In addition, execution of this Lease constitutes acknowledgment by TenantTenant that control of moisture and mold prevention are integral to its Lease obligations.

Appears in 2 contracts

Samples: Office Lease Agreement (Interpace Biosciences, Inc.), Office Lease Agreement (Cancer Genetics, Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractorswriting, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering the plans and specifications approved therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant's written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in writing by Landlord. Paragraph 2.5 above, Landlord shall not unreasonably withhold be deemed to have made the election at the time the alterations, modifications or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsimprovements were completed). All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasCommon Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises, without Landlord's consent, which consent shall not be unreasonably withheld, conditioned or delayed. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 2 contracts

Samples: Jazz Semiconductor Inc, Jazz Semiconductor Inc

By Tenant. Except for Minor AlterationsOther than the Tenant Improvements, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any improvements within the Leased Premises (except for Alterations without Landlord’s prior written consentwhich are purely cosmetic or decorative) until Landlord shall have first approved, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractorswriting, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering the plans and specifications approved therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in writing by Landlord. Paragraph 2.6 above, Landlord shall not unreasonably withhold be deemed to have made the election at the time the alterations, modifications or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsimprovements were completed). All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 2 contracts

Samples: Lease (Cardiodx Inc), Lease (Cardiodx Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct any improvements to be made any Alterations or within the Leased Premises without Landlord’s prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlordapproval, and then not until Landlord shall be made have first approved, in accordance with complete and detailed architecturalwriting, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefore, which approval shall not be unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationswithheld. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense, using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall tenant make any Alterations modifications, alterations or improvements to the Outside AreasCommon Areas or any areas outside of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 2 contracts

Samples: Lease (Adeza Biomedical Corp), Lease (Adeza Biomedical Corp)

By Tenant. Except for Minor Alterations, Tenant shall not make any - alterations to or permit modifications of the Leased Premises or construct any improvements to be made any Alterations or within the Leased Premises without Landlord’s prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlordapproval, and then not until Landlord shall be made have first approved, in accordance with complete and detailed architecturalwriting, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefore, which approval shall not be unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationswithheld. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense, using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsthat match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9, and (dv) any if requested by Landlord, Tenant shall provide a cash deposit or payment and all conditions to Landlord’s approval of performance bond for such work have been satisfied which deposit or bond shall be in such amount as to Landlord’s reasonable satisfactioncover the cost of removing the work and restoring the Property to its original condition. In no event shall Tenant shall not make any Alterations modifications, alterations or improvements to the Outside AreasCommon Areas or any areas outside of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, alterations or modifications Landlord may require that Tenant remove any such Alterations prior to increase the expiration amount of its Security Deposit to cover the cost of removing Tenant’s alterations or earlier termination modifications and to restore the condition of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s costto its prior condition. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations alterations or modifications and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 2 contracts

Samples: Industrial Space Lease (Corsair Gaming, Inc.), Corsair Gaming, Inc.

By Tenant. Except for Minor Alterations, Tenant shall not make or permit to be made any Alterations without Landlord’s 's prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s 's sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterations, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense, shall be performed in good and workmanlike manner using new materials of good quality and shall comply with all Requirements. Tenant shall not commence the making of any such Alterations until (a) all required governmental approvals and permits shall have been obtained, (b) all requirements regarding insurance imposed by this Lease have been satisfied, (c) Tenant shall have given Landlord at least five (5) Business Days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (d) any and all conditions to Landlord’s 's approval of such work have been satisfied to Landlord’s 's reasonable satisfaction. Tenant shall not make any Alterations to the Outside Areas. As used in this Article, Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s 's approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s 's cost. At Landlord’s 's request, Tenant shall pay Landlord’s reasonable out of 's actual out-of-pocket costs to inspect the construction of Tenant’s 's Alterations and to have Landlord’s 's architect revise Landlord’s 's drawings to show the work performed by TenantTenant and may require payment of an administrative fee for Landlord's involvement with such Alterations, which fee shall not exceed two percent (2%) of the cost of each such Alteration.

Appears in 2 contracts

Samples: Reciprocal Easement Agreement (Forescout Technologies, Inc), Reciprocal Easement Agreement (Forescout Technologies, Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct any improvements to be made any Alterations or within the Leased Premises without Landlord’s 's prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlordapproval, and then not until Landlord shall be made have first approved, in accordance with complete and detailed architecturalwriting, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefore, which approval shall not be unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationswithheld. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense, using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsthat match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modifications, alterations or improvements to the Outside AreasCommon Areas or any areas outside of the Leased Premises. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s 's approval for Tenant to make Alterations, alterations or modifications Landlord may require that Tenant remove any such Alterations prior to increase the expiration amount of it's Security Deposit to cover the cost of removing Tenant's alterations or earlier termination modifications and to restore the condition of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s costto it's prior condition. At Landlord’s request, Tenant shall pay Landlord’s 's reasonable out of pocket costs to inspect the construction of Tenant’s Alterations 's alterations or modifications and to have Landlord’s 's architect revise Landlord’s 's drawings to show the work performed by Tenant.

Appears in 2 contracts

Samples: Lease (Centillium Communications Inc), Acceptance Agreement (Virage Logic Corp)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractorswriting, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefore, which approval shall not be unreasonably withhold withheld or delay its approval of delayed. Landlord's consent shall not be required for non-structural interior improvements costing less than $10,000 in any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationscalendar year. Plans are required. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount reasonably satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modifications, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises without Landlord's approval which shall not be unreasonably withheld. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 2 contracts

Samples: Acceptance Agreement (Atroad Inc), Acceptance Agreement (Atroad Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractorswriting, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefor, which approval shall not be unreasonably withhold withheld, conditioned or delay delayed. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease and Landlord’s removal/no removal decision shall be delivered to Tenant simultaneously with its approval of any such contractorsalternations or modifications. If such additional request is not included, engineersLandlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, architectsLandlord shall be deemed to have made the election at the time the alterations, plans modifications or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsimprovements were completed). All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 2 contracts

Samples: Sublease (Gigamon Inc.), Lease (Palo Alto Networks Inc)

By Tenant. Except for Minor AlterationsTenant shall not do anything or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”). At its sole cost and expense, Tenant shall not make or permit promptly comply with all Applicable Laws which relate to be made (i) Tenant’s use of the Premises, (ii) any Alterations without Landlord’s prior written consentmade by Tenant to the Premises, which and any Improvements in the Premises, or (iii) the Base Building, but as to the Base Building, only to the extent such obligations are triggered by Alterations made by Tenant to the Premises to the extent such Alterations are not normal and customary business office improvements in Comparable Buildings, or triggered by the Improvements to the extent such Improvements are not normal and customary business office improvements, or triggered by Tenant’s use of the Premises for non-general office use. Tenant shall not, however, be responsible for the cost of complying with Applicable Laws to the extent that any Major Alterations may such compliance is required as a result of the Base Building failing to comply with Applicable Laws in effect as of the Delivery Date. Should any standard or regulation now or hereafter be given imposed on Landlord or withheld in LandlordTenant by a state, federal or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards for employers, employees, landlords or tenants, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations to the extent they apply to Tenant’s sole discretionuse or occupancy of the Premises. All Alterations Tenant shall be performed only by contractorsresponsible, engineers at its sole cost and expense, to make all alterations to the Premises as are required to comply with the governmental rules, regulations, requirements or architects reasonably approved by Landlord, and shall be made standards described in accordance this Article 24 with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlordwhich Tenant is responsible for compliance. Landlord shall not unreasonably withhold or delay its approval The judgment of any such contractorscourt of competent jurisdiction or the admission of Tenant in any judicial action, engineersregardless of whether Landlord is a party thereto, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterations, once so approvedthat Tenant has violated any of said governmental measures, shall be made, constructed or installed by Tenant at conclusive of that fact as between Landlord and Tenant’s expense, shall be performed in good and workmanlike manner using new materials of good quality and shall comply with all Requirements. Tenant shall not commence the making promptly pay all fines, penalties and damages that may arise out of any such Alterations until (a) all required governmental approvals and permits shall have been obtained, (b) all requirements regarding insurance or be imposed by this Lease have been satisfied, (c) Tenant shall have given Landlord at least five (5) Business Days prior written notice because of its intention failure to commence such work so that comply with the provisions of this Article 24. For purposes of Section 1938 of the California Civil Code, Landlord may post and file notices of non-responsibilityhereby discloses to Tenant, and (d) any and all conditions to Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. Tenant shall not make any Alterations to the Outside Areas. As used in this Articlehereby acknowledges, Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed not undergone inspection by Tenanta Certified Access Specialist (CASp).

Appears in 2 contracts

Samples: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit modifications of the Premises or construct any improvements to be made any Alterations or within the Premises without Landlord’s 's prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlordapproval, and then not until Landlord shall be made have first approved, in accordance with complete and detailed architecturalwriting, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefore, which approval shall not be unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationswithheld. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense, using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsthat match or complement the original improvements existing as of the Commencement Date. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, and (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (d) any and all conditions to Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. In no event shall Tenant shall not make any Alterations modifications, alterations or improvements to the Outside AreasCommon Areas or any areas outside of the Premises. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, ; overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part Tenant shall pay Landlord's reasonable costs to inspect the construction of Tenant's alterations or modifications and at to have Landlord's architect revise Landlord's drawings to show the time granting work performed by Tenant. Notwithstanding the foregoing, Tenant may construct non-structural alterations without Landlord’s approval for 's prior approval, if the cost of any such project does not exceed Twenty-Five Thousand Dollars ($25,000); provided, however, that as to any such non-structural alterations, Landlord reserves the right to require Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations alterations prior to the expiration or earlier termination of this Lease by giving written notice of such required removal to Tenant at least thirty (30) days prior to the Term expiration or earlier termination of this Lease; provided, however, if Tenant submits to Landlord a written notice of such alteration that clearly requests Landlord's determination as to whether any such alteration must be removed and repair any damage caused by states in the text that such notice constitutes as "Alternation Notice" pursuant to Section 6.1 of this Lease (an "Alteration Notice"), then Landlord shall not be entitled to require removal or restore the Premises at Tenant’s cost. At Landlord’s request, of such alteration unless it notifies Tenant shall pay Landlord’s reasonable out in writing of pocket costs to inspect the construction such requirement within fifteen (15) days following delivery of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantsuch Alteration Notice.

Appears in 2 contracts

Samples: Lease (Quantenna Communications Inc), Lease (Quantenna Communications Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole 's reasonable discretion. All Alterations shall be performed only by contractorssuch modifications, engineers alterations or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterationsimprovements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least lease five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises, without the prior written consent of Landlord in accordance with Section 4.2. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As Notwithstanding the foregoing, Tenant, without Landlord's prior written consent, shall be permitted to make non-structural alterations to the Building, provided that: (a) such alterations do not exceed $10,000 individually or $100,000 in the aggregate, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration and deliver to Landlord a part set of the plans and specifications therefor, either "as built" or marked to show construction changes made, and (d) Tenant shall, upon Landlord's request, remove the alteration at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term Lease and repair any damage caused by such removal or restore the Leased Premises at Tenant’s costto their condition prior to such alteration. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.6.2

Appears in 2 contracts

Samples: Vantive Corp, Vantive Corp

By Tenant. Except for Minor AlterationsTenant shall not do anything or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”). At its sole cost and expense, Tenant shall not make or permit promptly comply with all Applicable Laws which relate to be made (i) Tenant’s use of the Premises, (ii) any Alterations without Landlord’s prior written consentmade by Tenant to the Premises, which and any Improvements in the Premises, or (iii) the Base Building, but as to the Base Building, only to the extent such obligations are triggered by Alterations made by Tenant to the Premises to the extent such Alterations are not normal and customary business office improvements in Comparable Buildings, or triggered by the Improvements to the extent such Improvements are not normal and customary business office improvements, or triggered by Tenant’s use of the Premises for non-general office use. Tenant shall not, however, be responsible for the cost of complying with Applicable Laws to the extent that any Major Alterations may such compliance is required as a result of the Base Building failing to comply with Applicable Laws in effect as of the Delivery Date. Should any standard or regulation now or hereafter be given imposed on Landlord or withheld in LandlordTenant by a state, federal or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards for employers, employees, landlords or tenants, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations to the extent they apply to Tenant’s sole discretionuse or occupancy of the Premises. All Alterations Tenant shall be performed only by contractorsresponsible, engineers at its sole cost and expense, to make all alterations to the Premises as are required to comply with the governmental rules, regulations, requirements or architects reasonably approved by Landlord, and shall be made standards described in accordance this Article 24 with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlordwhich Tenant is responsible for compliance. Landlord shall not unreasonably withhold or delay its approval The judgment of any such contractorscourt of competent jurisdiction or the admission of Tenant in any judicial action, engineersregardless of whether Landlord is a party thereto, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterations, once so approvedthat Tenant has violated any of said governmental measures, shall be made, constructed or installed by Tenant at conclusive of that fact as between Landlord and Tenant’s expense, shall be performed in good and workmanlike manner using new materials of good quality and shall comply with all Requirements. Tenant shall not commence the making promptly pay all fines, penalties and damages that may arise out of any such Alterations until (a) all required governmental approvals and permits shall have been obtained, (b) all requirements regarding insurance or be imposed by this Lease have been satisfied, (c) Tenant shall have given Landlord at least five (5) Business Days prior written notice because of its intention failure to commence such work so that Landlord may post and file notices comply with the provisions of non-responsibility, and (d) any and all conditions to Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. Tenant shall not make any Alterations to the Outside Areas. As used in this Article, Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by TenantArticle 24.

Appears in 2 contracts

Samples: Project Agreement (Dropbox, Inc.), Project Agreement (Dropbox, Inc.)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct any improvements to be made any Alterations or within the Leased Premises without Landlord’s prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlordapproval, and then not until Landlord shall be made have first approved, in accordance with complete and detailed architecturalwriting, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefore, which approval shall not be unreasonably withhold or delay its approval of withheld. Notwithstanding the foregoing, Tenant shall be permitted to make alterations following not less than ten (10) business days notice to Landlord, but without Landlord’s prior approval, to the extent any such contractorsalteration is merely cosmetic in nature (i.e., engineersre-painting and re-carpeting) and together with all other such alterations in any calendar year costs less than $20,000, architectsand provided that such alteration does not (a) affect the exterior of the Building, plans (b) affect the structure of the Building or specificationsthe systems and equipment of the Building, except as limited pursuant to Section 6.6 and/or (c) interfere with respect to Minor AlterationsBuilding services or the use of the Property or the Building by other tenants or occupants. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense, using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsthat match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modifications, alterations or improvements to the Outside AreasCommon Areas or any areas outside of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and If Landlord reserves the right to require Tenant to remove any alterations or modifications at the time granting Landlord’s approval for end of the Lease Term, and the cost of such removal and restoration together with the cost of removal and restoration of all other alterations and modifications which Landlord may require Tenant to make Alterationsremove exceeds $25,000.00, then as a condition to granting its consent, Landlord may require that Tenant remove any to increase the amount of its Security Deposit hereunder to cover such Alterations prior costs to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s costextent they exceed $25,000.00. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations alterations or modifications and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 2 contracts

Samples: Industrial Space Lease (Silicon Graphics International Corp), Acceptance Agreement (Rackable Systems, Inc.)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any Major Alterations may be given modification, alteration or withheld improvement if, in Landlord’s sole discretion. All Alterations shall be performed only by contractorsreasonable judgment, engineers such modification, alteration or architects reasonably approved by Landlordimprovement would adversely affect the structure of the Building, and shall be made in accordance with complete and detailed architecturalany of the Building’s systems, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold the appearance of the Building or delay its approval the value or utility of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsthe Leased Premises. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least lease five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at Notwithstanding the time granting foregoing, Tenant, without Landlord’s approval for Tenant prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make Alterationsalterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord may require that the notice required pursuant to Paragraph 4.9 above, (c) Tenant remove any such Alterations prior shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of the Term this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and repair any damage caused by such removal or restore the Leased Premises at Tenant’s cost. At Landlord’s requestto their condition prior to such alteration, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations wear and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenanttear excepted.

Appears in 2 contracts

Samples: Lsi Logic Corp, Lsi Logic Corp

By Tenant. Except for Minor Alterations, Tenant shall not make sublet the Leased Premises or permit to be made any Alterations portion thereof or assign its interest in this Lease, whether voluntarily or by operation of Law, without Landlord’s 's prior written consent which shall not be unreasonably withheld. Any attempted subletting or assignment without Landlord's prior written consent, at Landlord's election, shall constitute a default by Tenant under the terms of this Lease. The acceptance of rent by Landlord from any person or entity other than Tenant, or the acceptance of rent by Landlord from Tenant with knowledge of a violation of the provisions of this paragraph, shall not be deemed to be a waiver by Landlord of any provision of this Article or this Lease or to be a consent to any subletting by Tenant or any assignment of Tenant's interest in this Lease. Without limiting the circumstances in which it may be reasonable for Landlord to withhold its consent to an assignment or subletting, Landlord and Tenant acknowledge that it shall be reasonable for Landlord to withhold its consent in the following instances: (a) the proposed assignee or sublessee is a governmental agency; (b) in Landlord's reasonable judgment, the use of the Leased Premises by the proposed assignee or sublessee would involve occupancy by other than primarily general office or software engineering personnel, would entail any alterations which would lessen the value of the leasehold improvements in the Leased Premises, or would require increased services by Landlord; (c) in Landlord's reasonable judgment, the financial worth of the proposed assignee is less than that of Tenant or does not meet the credit standards applied by Landlord; (d) the proposed assignee or sublessee (or any of its affiliates) has been in material default under a lease, has been in litigation with a previous landlord, or in the ten years prior to the assignment or sublease has filed for bankruptcy protection, has been the subject of an involuntary bankruptcy, or has been adjudged insolvent; (e) Landlord has experienced a previous default by or is in litigation with the proposed assignee or sublessee; (f) in Landlord's reasonable judgment, the Leased Premises, or the relevant part thereof, will be used in a manner that will violate any negative covenant as to use contained in this Lease; (g) the use of the Leased Premises by the proposed assignee or sublessee will violate any Major Alterations may applicable law, ordinance or regulation, or the proposed assignee or sublessee will use or store Hazardous Materials; (h) the proposed assignee or sublessee is, as of the date of this Lease, a tenant in the Building; (i) the proposed assignment or sublease fails to include all of the terms and provisions required to be given included therein pursuant to this Article 7; (j) Tenant is in default of any obligation of Tenant under this Lease, or withheld Tenant has defaulted under this Lease on three or more occasions during the 12 months preceding the date that Tenant shall request consent; or (k) in Landlord’s sole discretion. All Alterations shall be performed only by contractorsthe case of a subletting of less than the entire Leased Premises, engineers if the subletting would result in the division of the Leased Premises into more than two subparcels or architects reasonably approved by Landlord, and shall would require improvements to be made outside of the Leased Premises. 7.2 Merger, Reorganization, or Sale of Assets. Any dissolution, merger, consolidation or other reorganization of Tenant, or the sale or other transfer in accordance with complete and detailed architecturalthe aggregate over the Lease Term of a controlling percentage of the capital stock of Tenant, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval the sale or transfer of any such contractors, engineers, architects, plans all or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterations, once so approveda substantial portion of the assets of Tenant, shall be madedeemed a voluntary assignment of Tenant's interest in this Lease except that any public offering of capital stock or sales of stock (other than a block trade) through an over- the-counter market or recognized national or international exchange shall not be included in determining whether a controlling percentage of the capital stock of Tenant has been transferred. The phrase "controlling percentage" means the ownership of and the right to vote stock possessing more than fifty percent of the total combined voting power of all classes of Tenant's capital stock issued, constructed outstanding and entitled to vote for the election of directors. If Tenant is a partnership, a withdrawal or installed change, voluntary, involuntary or by Tenant at Tenant’s expenseoperation of Law, of any general partner, or the dissolution of the partnership, shall be performed deemed a voluntary assignment of Tenant's interest in good this Lease. Notwithstanding the foregoing, Tenant may, without Landlord's prior written consent and workmanlike manner using new materials without being subject to any of good quality and shall comply with all Requirements. Tenant shall not commence the making provisions of this Article 7, including without limitation, Landlord's right to recapture any such Alterations until (a) all required governmental approvals and permits shall have been obtainedportion of the Leased Premises, (b) all requirements regarding insurance imposed by sublet the Leased Premises or assign this Lease have been satisfiedto (individually, a "Permitted Assignee," collectively, "Permitted Assignees"): (ci) a subsidiary, affiliate, division, corporation or joint venture controlling, controlled by or under common control with Tenant; or (ii) a successor corporation related to Tenant shall have given Landlord at least five (5) Business Days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibilityby merger, and (d) any and all conditions to Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. Tenant shall not make any Alterations to the Outside Areas. As used in this Articleconsolidation, Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorwaysnonbankruptcy reorganization, or the likegovernment action; provided that any Permitted Assignee under (i) or (ii) above has a net worth equal to or greater than Tenant and does not have any contingent or off-balance sheet liabilities that make it less credit worthy than Tenant. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.7.3

Appears in 2 contracts

Samples: Vantive Corp, Vantive Corp

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises the cost of which exceeds $10,000 until Landlord shall have first approved, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractorswriting, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering the plans and specifications approved therefor, which approval will not be unreasonably withheld or delayed. Landlord's approval shall be deemed given if not denied by Landlord in writing by Landlorda written notice to Tenant delivered within fifteen (15) days following receipt of Tenant's written request. Tenant's written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Section 2.6 above, Landlord shall not unreasonably withhold be deemed to have made the election at the time the alterations, modifications or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsimprovements were completed). All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first reasonably approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if reasonably requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: Aviron

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct any improvements to be made any Alterations or within the Leased Premises without Landlord’s prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlordapproval, and then not until Landlord shall be made have first approved, in accordance with complete and detailed architecturalwriting, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefore, which approval shall not be unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationswithheld. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense, using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior to written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord to cover any perils relating the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modifications, alterations or improvements to the Outside AreasCommon Areas or any areas outside the Leased Premises. As used in this the Article, Alterations the term “modifications”, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.Initial _____ _____ _____

Appears in 1 contract

Samples: Industrial Space Lease (Viasystems Group Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct any improvements to be made any Alterations or within the Leased Premises without Landlord’s 's prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlordapproval, and then not until Landlord shall be made have first approved, in accordance with complete and detailed architecturalwriting, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefore, which approval shall not be unreasonably withhold or delay its approval withheld. Tenant may, however, make nonstructural alterations without Landlord's consent to the extent the cost of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsparticular project is less than twenty-five thousand dollars ($25,000). All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense, using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsthat match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modifications, alterations or improvements to the Outside AreasCommon Areas or any areas outside of the Leased Premises. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s 's reasonable out of pocket costs to inspect the construction of Tenant’s Alterations 's alterations or modifications and to have Landlord’s 's architect revise Landlord’s 's drawings to show the work performed by Tenant. Notwithstanding the above provisions, however, Landlord and Tenant acknowledge that as a part of the consideration of Tenant and Landlord having entered into this Lease Agreement, that Tenant intends to modify the interior of the Leased Premises. By the terms of Exhibit "C" hereof, Landlord agrees to reimburse Tenant for a portion of the expense in the modification of said interior (the "Initial Tenant Improvements").

Appears in 1 contract

Samples: Va Linux Systems Inc

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s 's sole discretion. All Alterations shall be performed only by contractorssuch modifications, engineers alterations or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterationsimprovements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless such modifications have been approved in writing by Landlord. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As Notwithstanding the foregoing, Tenant, without Landlord's prior written consent, shall be permitted to make non-structural alterations to the Building, provided that: (a) such alterations do not exceed $10,000 individually, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration and deliver to Landlord a part set of the plans and specifications therefor, either "as built" or marked to show construction changes made, and (d) Tenant shall, upon Landlord's request, remove the alteration at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term Lease and repair any damage caused by such removal or restore the Leased Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and their condition prior to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantsuch alteration.

Appears in 1 contract

Samples: Lease (Webex Inc)

By Tenant. Except for Minor AlterationsThis Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make or permit to be made any Alterations without Landlord’s prior written consentNon-Standard Office Improvements until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole discretion as to Non-Standard Office Improvements which affect the Building façade, structure, or systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion. All Alterations Landlord’s written approval shall, if applicable, also contain Landlord’s election to require Tenant to remove the subject Non-Standard Office Improvements at the expiration or earlier termination of this Lease, in which event Tenant shall be performed only by contractors, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant obligated to Section 6.6 with respect to Minor Alterationsdo so. All such Alterationsmodifications, once so approved, alterations or improvements shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord which approval shall not be unreasonably withheld or delayed, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) any and all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside Common Areas (except the Exclusive Use Common Areas). As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at Notwithstanding the time granting foregoing, Tenant, without Landlord’s approval for Tenant prior written consent, shall be permitted to make Alterationsalterations to the Leased Premises which are not Non-Standard Office Improvements provided that: (a) Tenant shall timely provide Landlord the notices required pursuant to Paragraph 4.9 above, (b) Tenant shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for such alterations, and shall provide copies of such approvals and permits to Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination commencing any work with respect to such alterations, and (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the Term alteration and repair any damage caused by such removal deliver to Landlord a set of the plans and specifications therefor, either “as built” or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings marked to show the work performed by Tenantconstruction changes made.

Appears in 1 contract

Samples: Lease (Aruba Networks, Inc.)

By Tenant. Except for Minor AlterationsBy taking possession of the Premises, Tenant shall not make or permit be deemed to have accepted the Premises as being in good and sanitary order, condition and repair and to have accepted the Premises in their condition existing as of the date of such possession, subject to all applicable laws, covenants, conditions, restrictions, easements, and other matters of public record and the Rules and Regulations from time to time promulgated by Landlord governing the use of any portion of the Project. Tenant shall further be made any Alterations without Landlord’s prior written consent, which as deemed to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved have accepted the Tenant improvements constructed by Landlord, and shall be made if any, as being completed in accordance with complete and detailed architectural, mechanical and engineering the plans and specifications approved for such improvements, excluding only the punch list items referred to in writing by LandlordArticle 4a. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterations, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense, shall be performed in good and workmanlike manner using new materials of good quality and shall comply with all Requirementsabove. Tenant shall not commence at Tenant's sole cost and expense, keep every part of the making of any such Alterations until (a) all Premises in good condition and repair, ordinary wear and tear excepted. If Tenant fails to maintain the Premises as required governmental approvals and permits shall have been obtained, (b) all requirements regarding insurance imposed by this Lease have been satisfiedLease, (c) Landlord may give Tenant shall have given Landlord at least five (5) Business Days prior written notice of its intention to do such acts as are reasonably required to so maintain the Premises and if Tenant fails to commence such work so that Landlord may post and file notices immediately in an emergency or where immediate action is required to protect the Premises or any portion of non-responsibilitythe Project, or within ten (10) days after such notice is given under other circumstances, and (d) diligently prosecute it to completion, then Landlord or Landlord's agents, in addition to all of the rights and remedies available hereunder or by law and without waiving any alternative remedies, shall have the right to enter the Premises and all conditions to Landlord’s approval of do such work have been satisfied to Landlord’s reasonable satisfaction. Tenant shall not make any Alterations to the Outside Areas. As used in this Article, Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of acts and expend such funds at the time granting Landlord’s approval for expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant to make AlterationsLandlord as additional rent, Landlord may require that Tenant remove upon demand. With respect to any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Landlord pursuant to this Article 11.a., Landlord shall be liable to Tenant only for physical damage caused to Tenant's personal property located within the Premises to the extent such damage is caused by Landlord's active negligence or willfulmisconduct and such damage is neither insured against nor required to be insured against by Tenant pursuant to this Lease. In no event shall Landlord have any liability to Tenant for any other damages, or for any inconvenience or interference with the use of the Premises by Tenant, or for any consequential damages, including lost profits, as a result of performing any such work. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the panics hereto affirm that Landlord has made no representations or warranty to Tenant respecting the condition of the Premises or any part of the Project except as specifically set forth in this Lease.

Appears in 1 contract

Samples: Centre Office Lease (QCS Net Corp)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct any improvements to be made any Alterations or within the Leased Premises without Landlord’s prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlordapproval, and then not until Landlord shall be made have first approved, in accordance with complete and detailed architecturalwriting, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefore, which approval shall not be unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationswithheld. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense, using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsthat match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9, and (dv) any if requested by Landlord Tenant shall provide a cash deposit or payment and all conditions to Landlord’s approval of performance bond for such work have been satisfied which deposit or bond shall be in such amount as to Landlord’s reasonable satisfactioncover the cost of removing the work and restoring the Property to its original condition. In no event shall Tenant shall not make any Alterations modifications, alterations or improvements to the Outside AreasCommon Areas or any areas outside of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, alterations or modifications Landlord may require that Tenant remove any such Alterations prior to increase the expiration amount of it’s Security Deposit to cover the cost of removing Tenant’s alterations or earlier termination modifications and to restore the condition of the Term and repair any damage caused by such removal or restore the Premises at Tenantto it’s costprior condition. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations alterations or modifications and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: Acceptance Agreement (Lexar Media Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s 's sole discretion, except that if Tenant's alterations, modifications, or improvements are generic (and not specialized) in nature and are generally reusable by other likely tenants of the Leased Premises in Landlord's reasonable opinion, then such approval shall not be unreasonably withheld, delayed or conditioned. All Alterations Tenant's written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Paragraph 2.6 above, Landlord shall be performed only by contractorsdeemed to have made the election at the time the alterations, engineers modifications or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsimprovements were completed). All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) if requested by Landlord, for any and all conditions to Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. alteration or modification exceeding One Hundred Thousand Dollars ($100,000) in cost, Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of Subject to Tenant's repair and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s requestrestoration obligations, Tenant shall pay be entitled to make interior, non-structural alterations to the Leased Premises which do not exceed either Seventy Thousand Dollars ($70,000) in cost per project or Two Hundred Fifty Thousand Dollars ($250,000) in cost in the aggregate, without obtaining Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant's prior written consent.

Appears in 1 contract

Samples: Lease (Macromedia Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld or delayed. Landlord's approval shall be deemed given if not denied by Landlord in a written notice to Tenant delivered within fifteen (15) days following receipt of Tenant's written request. Tenant's written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Section 2.6 above, Landlord shall be deemed to have made any Alterations without Landlord’s the election at the time the alterations, modifications or improvements were completed). Notwithstanding the foregoing, in the event Tenant exercises the First Expansion Option (as hereafter defined), Tenant shall have the right, at its sole cost and expense, subject to the prior written consent, approval of Landlord (which approval shall not be unreasonably withheld or delayed) to construct a covered open walkway between the Building and the 1184 Building (as hereafter defined) and Tenant shall not be required to any Major Alterations may be given or withheld in Landlord’s sole discretionremove such walkway upon the termination of this Lease. All Alterations shall be performed only by contractorsmodifications, engineers alterations or architects reasonably improvements, once approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterations, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations until (a) all required governmental approvals and permits shall have been obtained, (b) all requirements regarding insurance imposed by this Lease have been satisfied, (c) Tenant shall have given Landlord at least five (5) Business Days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (d) any and all conditions to Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. Tenant shall not make any Alterations to the Outside Areas. As used in this Article, Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, modifications or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration alterations or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.the

Appears in 1 contract

Samples: Lease (Juniper Networks Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises which affect the structural components of the Leased Premises or Building until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole 's reasonable discretion. All Alterations , provided that any such alterations, improvements or modifications shall be performed only by contractorsremoved at the expiration or earlier termination of this Lease and the Leased Premises returned to their condition existing prior to such alterations, engineers improvements or architects reasonably approved by modifications. Tenant may make non-structural alterations to or modifications of the Leased Premises or construct any non-structural improvements within the Leased Premises without Landlord's consent, provided that (i) Tenant shall notify Landlord at least five (5) business days prior to commencing such alterations, modifications or improvements, (ii) Landlord shall have the right to receive final plans and specifications for such alterations, modifications and/or improvements, and (iii) Tenant shall be made obligated to remove all such alterations, modifications and improvements in accordance with complete and detailed architecturalParagraph 2.6 hereof at the expiration or earlier termination of this Lease. At Tenant's option, mechanical and engineering plans and specifications approved in writing by Landlord. Tenant may submit a written request to Landlord shall not unreasonably withhold requesting that alterations, modifications or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited improvements made pursuant to Section 6.6 with respect this Paragraph 6.1 be allowed to Minor Alterationsremain at the expiration or earlier termination of this Lease, which Landlord may decide in its sole and absolute discretion. If such request is not made, Landlord may make an election to require removal at the expiration or earlier termination of this Lease. All such Alterationsmodifications, once so approved, alterations or improvements shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor, in substantial compliance with the plans and specifications therefor previously provided to Landlord. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so to that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises except as expressly provided herein. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of Subject to Tenant's obligations under Paragraph 2.6 hereof (including, without limitation, the obligation to remove and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s requestrepair), Tenant shall pay have the right, subject to Landlord’s 's reasonable out prior approval: (i) to use building shafts or conduits between the Leased Premises and other parts of pocket costs the Building for the installation of maintenance of conduits, cables, ducts, pipes and other devices for communications, data processing devices, supplementary HVAC and other facilities Consistent with its use of the Leased Premises; and (ii) to inspect cover or block Out windows (including the construction installation of Tenant’s Alterations sheet rock walls on the second floor of the Building) for the purpose of providing a more stable and to have Landlord’s architect revise Landlord’s drawings to show secure technical environment within the work performed by TenantPremises (provided that such covering or blocking does not affect the exterior appearance of the Building).

Appears in 1 contract

Samples: Lease (Digital Island Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only Landlord reserves the right to require that Tenant remove any improvements or alterations installed by contractors, engineers Tenant in the Leased Premises on or architects reasonably approved by Landlordbefore the expiration or earlier termination of the Lease, and shall to require that Tenant restore the Leased Premises to the condition they were in prior to installation of such improvements or alterations. Tenant may request, by written notice to Landlord at the time of such installation or alteration, Landlord’s waiver of such requirement, which may be made withheld or conditioned in accordance with complete and detailed architecturalLandlord’s sole discretion. However, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord Tenant shall not unreasonably withhold be required to remove any improvements or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsalterations that are for first class general office use. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld or delayed), in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) any and all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasCommon Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls of the Leased Premises other than in connection with the installation of typical office equipment and furniture. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s , but shall not include any cosmetic improvement (i.e. carpeting, painting) for which no approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantis required.

Appears in 1 contract

Samples: Lease (Threshold Pharmaceuticals Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole discretion. All Alterations Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be performed only by contractorsdeemed to have made the election at the time the alterations, engineers modifications or architects reasonably approved by improvements were completed). Notwithstanding the above, Tenant may make certain alterations and modifications to the Leased Premises upon prior notice to Landlord, but without the requirement of obtaining Landlord’s consent, if such alterations and shall be made modifications meet all the following requirements: (a) the costs thereof is less than $20,000 through the term of this Lease, (b) such alterations and additions do not affect any structural components of the Building or any Building systems and are not visible from outside the Leased Premises, and (c) such alterations and modifications are constructed in accordance compliance with complete all applicable Laws and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval the other provisions of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsthis Article 6. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any per_ls relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: Lease (Blue Coat Systems Inc)

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Except for Minor AlterationsPermitted Alterations (as hereinafter defined), Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or the Property, or construct any Alterations without Landlordimprovements within the Leased Premises or Tenant’s prior written consentexclusive use areas of the Property until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractorsdiscretion as to alterations, engineers or architects reasonably approved by Landlordmodifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval shall not be unreasonably withheld, conditioned or delayed. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at least sixty (60) days prior to the expiration, or ten (10) days after the earlier termination, of this Lease. If and only if, Landlord shall have notified Tenant in writing at the time Landlord provided consent to any modifications, alterations or improvements to be made in accordance with complete and detailed architecturalby Tenant, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold that they would have to be removed, Tenant shall, upon the expiration or delay its approval sooner termination of this Lease, remove any such contractorsmodifications, engineersalterations or improvements constructed or installed by Tenant (“Required Removables”) and repair all damage caused by such removal. For the avoidance of doubt, architectsunder no circumstance shall Tenant be required to remove or restore (or pay for any removal or restoration of) the Tenant Improvements, plans the ECV Stations, or specifications, except as limited pursuant to Section 6.6 with respect to Minor any Permitted Alterations. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor reasonably satisfactory to Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor, if any. All work undertaken by Tenant shall be performed done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of as good or better quality and shall comply with all Requirementsexisting in the Building. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) any and all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall not make have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any Alterations perils relating to the Outside Areasproposed work not covered by insurance carried by Tenant pursuant to Article 9. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior Notwithstanding anything to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s requestcontrary in this Lease, Tenant shall pay have the right to make modifications, alterations and/or improvements to the Leased Premises and any exclusive use areas of the Outside Areas so noted on the Site Plan without Landlord’s reasonable out consent if such modifications, alterations and/or improvements will not (a) affect the Building Systems in any material way or the structural components of pocket costs the Building or (b) cost more than $250,000 in the aggregate in any consecutive twelve (12) month period, provided (i) that prior to inspect the construction making any such modifications, alterations and/or improvements, Tenant (A) provides Landlord ten (10) business days’ prior written notice of Tenant’s Alterations and its intent to have Landlord’s architect revise Landlord’s drawings to show do so (which notice shall include a reasonably detailed description of the work performed to be made by Tenant.), and (B) shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for such modifications, alterations and/or improvements, and shall have provided copies of such approvals and permits to Landlord prior to commencing any work, (ii) all such modifications, alterations and/or improvements are made in compliance with the provisions and restrictions set forth in this Paragraph 110015197v.8

Appears in 1 contract

Samples: Lease (Personalis, Inc.)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any Major Alterations may be given modification, alteration or withheld improvement if, in Landlord’s sole discretion. All Alterations shall be performed only by contractorsreasonable judgment, engineers such modification, alteration or architects reasonably approved by Landlordimprovement would adversely affect the structure of the Building, and shall be made in accordance with complete and detailed architecturalany of the Building’s systems, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold the appearance of the Building or delay its approval the value or utility of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsthe Leased Premises. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least lease five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at Notwithstanding the time granting foregoing, Tenant, without Landlord’s approval for Tenant prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make Alterationsalterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord may require that the notice required pursuant to Paragraph 4.9 above, (c) Tenant remove any such Alterations prior shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of the Term this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and repair any damage caused by such removal or restore the Leased Premises at Tenant’s cost. At Landlord’s requestto their condition prior to such alteration, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations wear and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenanttear excepted.

Appears in 1 contract

Samples: Lsi Logic Corp

By Tenant. Except for Minor AlterationsThis Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval may be made any Alterations withheld in Landlord’s reasonable discretion; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days’ prior written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which as (a) do not adversely affect any systems or equipment of Building 3 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 3, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Lease. Tenant’s written request shall also contain a request for Landlord to any Major Alterations elect whether or not it will require Tenant to remove the subject alterations, Building 3 modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may be given make such election at the expiration or withheld earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Landlord’s sole discretion. All Alterations Paragraph 2.6 above, Landlord shall be performed only by contractorsdeemed to have made the election at the time the alterations, engineers modifications or architects reasonably approved by Landlordimprovements were completed); provided, however, with respect to Tenant’s initial alterations and shall improvements to be made pursuant to and in accordance with complete and detailed architecturalthe Work Letter, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsmake the foregoing written request. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) any and all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasCommon Areas or the exterior or structural components of Building 3 including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: By And (Kodiak Sciences Inc.)

By Tenant. Except for Minor AlterationsThis Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole discretiondiscretion as to alterations, modifications, and improvements which affect the Building 2 structure or materially affect the Building 2 systems, and otherwise such approval shall not be unreasonably withheld, conditioned or delayed. All Alterations In the event Landlord fails to respond to any such request within ten (10) days, then Tenant may resubmit the request to Landlord with a cover letter stating “LANDLORD’S FAILURE TO RESPOND WITHIN FIVE (5) BUSINESS DAYS SHALL RESULT IN THE DEEMED CONSENT TO SUCH ALTERATION” in all capital letters and in bold face type. In the event Landlord thereafter fails to respond to such second request by the date which is five (5) business days following the second notice, then Landlord shall be performed only deemed to have approved such alterations and to have waived its right to require such Alteration to be removed upon the expiration or earlier termination of this Lease. Tenant’s written request shall also contain a request for Landlord to identify any Non-Standard Office Improvements and elect whether or not it will require Tenant to remove such Non-Standard Office Improvements at the expiration or earlier termination of this Lease. If such additional request is not included by contractorsTenant, engineers Landlord may make such election at the expiration or architects reasonably approved by Landlordearlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed). As used herein, “Non-Standard Office Improvements” shall mean alterations, modifications, and shall be made improvements that (i) affect the Building 2 structure, (ii) are other than typical leasehold improvements for office tenants in accordance with complete and detailed architecturalBuilding 2 or in buildings similar to Building 2 in the area in which the Property is located, mechanical and engineering plans and specifications approved or (iii) in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval ’s reasonable judgment would materially increase Landlord’s cost of any preparing the Premises for another tenant (such contractorsas, engineerswithout limitation, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsinterior staircases). All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) any and all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. Tenant shall not make any Alterations to the Outside Areas. As used in this Article, Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. Notwithstanding the foregoing, Tenant, without Landlord’s reasonable out prior written consent, shall be permitted to make non-structural alterations to the Leased Premises which do not affect Building systems and are not visible from outside the Leased Premises, provided that (a) such alterations do not exceed $100,000 individually or in a series of pocket costs related projects, (b) Tenant shall timely provide Landlord the notice required pursuant to inspect Paragraph 4.9 above, (c) Tenant shall have secured the construction approval of Tenant’s Alterations all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for such alterations, and shall provide copies of such approvals and permits to have Landlord’s architect revise Landlord’s drawings Landlord prior to commencing any work with respect to such alterations, and (d) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made; such alterations complying with the work performed foregoing conditions need not be removed by TenantTenant at the expiration of the Lease Term.

Appears in 1 contract

Samples: By and Between (Applovin Corp)

By Tenant. Except for Minor AlterationsTenant will make no changes, alterations, or improvements affecting the exterior of the Demised Premises or the structure of the Building within which the Demised Premises are located. Provided that Tenant is not then in default under this Lease, Tenant may from time to time, at its own expense and upon compliance with the requirements of Section 6.2, alter, renovate or improve the interior of the Demised Premises. All such work will be performed in a good and workmanlike manner; in accordance with accepted building practices and applicable laws, including, but not limited to, building codes and zoning ordinances; and so as not to weaken or impair the strength or lessen the value of the Building in which the Demised Premises are located. Prior to commencement of all such work, Tenant shall obtain Landlord's prior written approval of the plans and specifications therefor ("Tenant's Plans") and either (i) arrange for Landlord to perform the work on terms and conditions acceptable to Landlord and Tenant, each in its sole discretion or (ii) bid the project out to contractors approved by Landlord in writing in advance (which approval shall not make be unreasonably withheld). Tenant shall provide Landlord with a copy of the information submitted to bidders at such time as the bidders receive their copy. Regardless of the contractors who perform the work pursuant to the above, Tenant shall pay Landlord on demand prior to or during the course of such construction an amount (the "Alteration Operations Fee") equal to five percent (5%) of the total cost of the work being performed (and for purposes of calculating the Alteration Operations Fee, such cost shall include architectural and engineering fees, but shall not include permit fees) as compensation to Landlord for Landlord's internal review of Tenant's Plans and general oversight of the construction (which oversight shall be solely for the benefit of Landlord and shall in no event be a substitute for Tenant's obligation to retain such project management or other services as shall be necessary to ensure that the work is performed properly and in accordance with the requirements of this Lease). Tenant shall also reimburse Landlord for Landlord's expenses such as electrical energy consumed in connection with the work, freight elevator operation, additional cleaning expenses, additional security services, fees and charges paid to third party architects, engineers and other consultants for review of the work and the plans and specifications with respect thereto and to monitor contractor compliance with Building construction requirements, and for other miscellaneous costs incurred by Landlord as result of the work. Default by Tenant in the payment of any sums agreed to be paid by Txxxxx for or in connection with any work performed pursuant to this Section 7.2 (regardless of whether such agreement is pursuant to this Section 7.2 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of Rent hereunder. Any alterations, including, without limitation, moveable partitions that are affixed to the Demised Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. In no event shall any alterations or repairs made by, or on behalf of, Tenant be deemed to be performed by Txxxxx as an agent of Landlord. Further, nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord's interest in the Demised Premises or the Project to liability under any Alterations without Landlord’s mechanics' or other lien law as a result of work performed by, or on behalf of, Txxxxx. Tenant shall comply with Lxxxxxxx's reasonable procedures (as such procedures may be reasonably modified by Landlord from time to time) for ensuring Tenant's timely payment of sums due to mechanics, materialmen and suppliers performing work on any alteration or repair so as to avoid any liens being filed against the Demised Premises or the Project. Tenant shall give Landlord not less than ten (10) business days prior written consent, which as notice of the date the construction of any alteration is to commence. Landlord may post and record an appropriate notice of non-responsibility with respect to any Major Alterations may alteration and Tenant shall maintain any such notices posted by Landlord in or on the Demised Premises. Lxxxxxxx's sole election any or all alterations made for or by Tenant shall be given removed by Tenant from the Demised Premises at the expiration or withheld in Landlord’s sole discretionsooner termination of this Lease and the Demised Premises shall be restored by Tenant to their condition prior to the making of the alterations, ordinary wear and tear excepted. All Alterations The removal of the alterations and the restoration of the Premises shall be performed only by contractors, engineers or architects reasonably a general contractor selected by Txxxxx and approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterations, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense, shall be performed in good and workmanlike manner using new materials of good quality and shall comply with all Requirements. Tenant shall not commence the making of any such Alterations until (a) all required governmental approvals and permits shall have been obtained, (b) all requirements regarding insurance imposed by this Lease have been satisfied, (c) Tenant shall have given Landlord at least five (5) Business Days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (d) any and all conditions to Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. Tenant shall not make any Alterations to the Outside Areas. As used in this Article, Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, which event Tenant shall pay Landlord’s reasonable out the general contractor's fees and costs in connection with such work. Any separate work letter or other agreement which is hereafter entered into between Landlord and Tenant pertaining to alterations shall be deemed to automatically incorporate the terms of pocket costs to inspect this Lease without the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantnecessity for further reference thereto.

Appears in 1 contract

Samples: Lease (Ra Medical Systems, Inc.)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct any improvements to be made any Alterations or within the Leased Premises without Landlord’s prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlordapproval, and then not until Landlord shall be made have first approved, in accordance with complete and detailed architecturalwriting, mechanical and engineering the plans and specifications approved in writing by therefore, which approval shall nor be unreasonably withheld. Tenant may, however, make nonstructural alterations without Landlord. Landlord shall not unreasonably withhold or delay its approval ’s consent to the extent the cost of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsparticular project is less than twenty-five thousand dollars($25.000). All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense, using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsthat match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at or least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modifications, alterations or improvements to the Outside AreasCommon Areas or any areas outside of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations alterations or modifications and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant. Notwithstanding the above provisions, however, Landlord and Tenant acknowledge that as a part of the consideration for Tenant and Landlord having entered into this Lease Agreement, that Tenant intends to modify the interior of the Leased Premises. By the terms of Exhibit “C” hereof, Landlord agrees to reimburse Tenant for a portion of the expense in the modification of said interior (the “Initial Tenant Improvements”).

Appears in 1 contract

Samples: Sublease (@Road, Inc)

By Tenant. Except for Minor AlterationsThis Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Building E Tenant shall not make or permit to be made any Alterations without Landlord’s prior written consentNon-Standard Improvements until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole discretion as to modifications, alterations and/or improvements which affect the Building façade or structure, or materially adversely affect the Building’s systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion. All Alterations Landlord’s written approval shall, if applicable, also contain Landlord’s election to require Tenant to remove the subject Non-Standard Improvements at the expiration or earlier termination of this Lease, in which event Tenant shall be performed only by contractorsobligated to do so, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant subject to Section 6.6 with respect to Minor AlterationsParagraph 2.6 above. All such Alterationsmodifications, once so approved, alterations or improvements shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord which approval shall not be unreasonably withheld or delayed, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new (or reclaimed or recycled) materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) any and all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside Common Areas (except the Exclusive Use Areas). As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at Notwithstanding the time granting foregoing, Tenant, without Landlord’s approval for Tenant prior written consent, shall be permitted to make Alterationsalterations to the Leased Premises which are not Non-Standard Improvements provided that: (a) Tenant shall timely provide Landlord the notices required pursuant to Paragraph 4.9 above, (b) Tenant shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for such alterations, and shall provide copies of such approvals and permits to Landlord may require that Tenant remove prior to commencing any work with respect to such alterations, (c) the cost of any such Alterations prior to the expiration or earlier termination project does not exceed Two Hundred Thousand Dollars ($200,000) and not more than three (3) such projects are performed in any twelve (12) month period, and (d) Tenant shall notify Landlord in writing within thirty (30) days of completion of the Term alteration and repair deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made. In addition, Tenant may perform any damage caused by such removal or restore cabling and cosmetic alterations not visible outside the Leased Premises at Tenant’s cost. At without Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantprior approval.

Appears in 1 contract

Samples: Disturbance Agreement (Palo Alto Networks Inc)

By Tenant. Except for Minor AlterationsTenant will at all times during the term of this Lease, any extensions thereof, and during any period of holding over, at its sole expense, under the direction of Landlord, keep, maintain, replace and repair interior walls, floor coverings, ceiling (including without limitation tiles and grids), Tenant shall Improvements, fire extinguishers, outlets and fixtures and any appliances, in first class condition, subject to ordinary wear and tear. Tenant will also keep the Leased Premises in a clean and safe condition, the non-structural interior portions of the Leased Premises, including all interior plate glass, glass doors and windows, among other things, in good order, condition, and repair, in a safe, clean, and free of trash and waste condition, and in compliance with all applicable laws, ordinances, rules, and regulations of governmental authority, or of any company or companies insuring against losses resulting from damage or destruction to the Leased Premises or personal injuries, deaths, or property damage occurring in, on, or about the Leased Premises. The cost of all repairs made necessary to the Leased Premises by the fault or negligence of Tenant, its employees, agents, customers or invitees, will be paid promptly by Tenant, except to the extent covered by Landlord’s Insurance. Tenant will not make any repairs, alterations or permit additions, including alterations prior to be made the commencement of this Lease, or make any Alterations contracts therefore, without first procuring Landlord’s prior written consent, which as unless the cost thereof is less than Twenty-five Thousand Dollars ($25,000) and said repairs, alterations or additions are non-structural in nature. Prior to Tenant’s commencement of any Major Alterations may be given repairs, alterations or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractorsadditions to the Leased Premises, engineers either under this Article or architects reasonably approved by LandlordArticle 8, and shall be made in accordance with complete and detailed architectural, mechanical and engineering Tenant will deliver to Landlord any plans and specifications approved in writing as well as copies of proposed contracts and necessary permits, and furnish such indemnification against liens, costs, damages and expenses as may be reasonably required by the Landlord. Landlord shall not unreasonably withhold or delay its approval , Tenant has the right to install a generator, subject to applicable Governmental Requirements, the installation, maintenance, repair and removal of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsthe generator will be at Tenant’s sole cost and expense. All such Alterationsalterations, once so approvedadditions, shall improvements and fixtures, other than trade fixtures, which may be made, constructed made or installed by Tenant either of the parties hereto upon the Leased Premises, and which are in any manner attached to the floors, walls or ceilings at Tenant’s expense, shall be performed in good and workmanlike manner using new materials the termination of good quality and shall comply with all Requirements. Tenant shall not commence the making of any such Alterations until (a) all required governmental approvals and permits shall have been obtained, (b) all requirements regarding insurance imposed by this Lease have been satisfied, (c) Tenant shall have given Landlord will at least five (5) Business Days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (d) any and all conditions to Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. Tenant shall not make any Alterations to the Outside Areas. As used in this Article, Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term become the property of Landlord and will remain upon and be surrendered with the Leased Premises as a part thereof, without damage or injury, unless Landlord requests, at the time approving such installation, that such alterations or improvements be removed, in which event the same will be removed by the Tenant at the expiration of the term of this Lease at its own expense, and it will be obligated to repair any damage caused by such removal damages occasioned thereby. Tenant will leave the Leased Premises in the condition as set forth in this subsection and Article 34. Any other terms or restore provisions in this Lease to the Premises at Tenant’s cost. At Landlord’s requestcontrary notwithstanding, Tenant shall pay Landlord’s reasonable out of pocket costs have the right to inspect the construction remove equipment, trade fixtures, racks, office cubicles, wall-mounted displays and any other fixtures or improvements made by or on behalf of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show , so long as Tenant repairs damage, if any, caused by the work performed by Tenantremoval.

Appears in 1 contract

Samples: Lease Agreement (Virtual Radiologic CORP)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct any improvements to be made any Alterations or within the Leased Premises without Landlord’s prior written consentapproval, which as approval shall not be unreasonably withheld, and then not until Landlord shall have first approved, in writing, the plans and specifications therefore, which approval shall not be unreasonably withheld, conditioned or delayed (the “Alterations”). Notwithstanding the foregoing, Landlord approval shall not be required with respect to any Major non-structural Alterations may be given or withheld to the Leased Premises, which non-structural Alterations do not exceed, in Landlord’s sole discretionthe aggregate, Fifty Thousand Dollars ($50,000). All Alterations work undertaken by Tenant shall be performed only by contractors, engineers or architects reasonably approved by Landlord, and shall be made done in accordance with complete all Laws and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterations, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense, shall be performed in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsthat match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such Alterations or the construction of any such Alterations until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained broad form builder’s risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modifications, alterations or improvements to any areas outside of the Outside AreasLeased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: Industrial Space Lease (Asyst Technologies Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractorswriting, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering the plans and specifications approved therefore, which approval may not be unreasonably conditioned, delayed (which in writing by this case shall mean beyond fifteen (15) business days), or withheld. Landlord's approval of Tenant's plans and specifications shall create no liability on the part of Landlord for their completeness, sufficiency, or compliance with Laws or Private Restrictions. Tenant's written request shall also contain a request (in bold, all capital letters) for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Paragraph 2.6 above, Landlord shall not unreasonably withhold be deemed to have made the election at the time the alterations, modifications or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsimprovements were completed). All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (c) Tenant shall have given Landlord at least five (5) Business Days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (d) any and all conditions to Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. Tenant shall not make any Alterations to the Outside Areas. As used in this Article, Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.have

Appears in 1 contract

Samples: By And (Equinix Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole 's reasonable discretion. All Alterations Landlord's approval shall be performed only deemed given if not denied by contractorsLandlord in a written notice to Tenant delivered within fifteen (15) days following receipt of Tenant's written request. Tenant's written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, engineers modifications or architects reasonably approved by Landlordimprovements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Section 2.6 above, Landlord shall be deemed to have made in accordance with complete and detailed architecturalthe election at the time the alterations, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold modifications or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsimprovements were completed). All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As Notwithstanding the foregoing, Tenant, without Landlord's prior written consent, shall be permitted to make non-structural alterations to the Building, provided that: (a) such alterations do not exceed $50,000 individually or $200,000 in the aggregate, (b) Tenant shall timely provide Landlord the notice no less than ten (10) days prior to commencing such alterations , (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration and deliver to Landlord a part set of the plans and specifications therefor, either "as built" or marked to show construction changes made, and (d) Tenant shall, upon Landlord's request, remove the alteration at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term Lease and repair any damage caused by such removal or restore the Leased Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and their condition prior to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantsuch alteration.

Appears in 1 contract

Samples: Lease (Redback Networks Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractorswriting, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord shall therefor, which approval may not be unreasonably withhold withheld, delayed or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsconditioned. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, satisfied and (ciii) Tenant shall have given Landlord at least lease five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (d) any and all conditions to Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. In no event shall Tenant shall not make any Alterations modification, alterations or improvements whatsoever to the Outside Areas. As used in this Article, Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, Areas or the likeexterior or structural components of the Building. As a part Notwithstanding the foregoing, Tenant, without Landlord's prior written consent, shall be permitted to make non-structural alterations to the Building, provided that: (a) such alterations do not exceed $10,000 individually or $100,000 in the aggregate, (b) Tenant shall timely provide Landlord with notice of the proposed improvements including such details as Landlord may reasonably request regarding the proposed improvements and their estimated cost and (c) Tenant shall, upon Landlord's request, remove the alteration at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term Lease and repair any damage caused by such removal or restore the Leased Premises at Tenant’s costto their condition existing prior to such alteration. At Tenant agrees to provide landlord with copies of plans for all material improvements or alterations to the Leased Premises, regardless of whether or not Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs 's consent to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantsuch improvements or alterations is required hereunder.

Appears in 1 contract

Samples: Copper Mountain Networks Inc

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct any improvements to be made any Alterations or within the Leased Premises without Landlord’s 's prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlordapproval, and then not until Landlord shall be made have first approved, in accordance with complete and detailed architecturalwriting, mechanical and engineering the plans and specifications approved in writing by therefore, which approval shall nor be unreasonably withheld. Tenant may, however, make nonstructural alterations without Landlord. Landlord shall not unreasonably withhold or delay its approval 's consent to the extent the cost of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsparticular project is less than twenty-five thousand dollars($25.000). All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense, using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsthat match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at or least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modifications, alterations or improvements to the Outside AreasCommon Areas or any areas outside of the Leased Premises. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s 's reasonable out of pocket costs to inspect the construction of Tenant’s Alterations 's alterations or modifications and to have Landlord’s 's architect revise Landlord’s 's drawings to show the work performed by Tenant. Notwithstanding the above provisions, however, Landlord and Tenant acknowledge that as a part of the consideration for Tenant and Landlord having entered into this Lease Agreement, that Tenant intends to modify the interior of the Leased Premises. By the terms of Exhibit "C" hereof, Landlord agrees to reimburse Tenant for a portion of the expense in the modification of said interior (the "Initial Tenant Improvements").

Appears in 1 contract

Samples: Sublease (Va Software Corp)

By Tenant. Except for Minor AlterationsTenant shall not do anything or suffer anything to be done by any Tenant Party in or about the Premises or the Project which will in any way conflict with any law, statute, ordinance or other federal, state or local governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”). At its sole cost and expense, Tenant shall not make or permit promptly comply with all such Applicable Laws which relate to be made (i) Tenant’s use of the Premises, (ii) any Alterations without Landlord’s prior written consentmade by Tenant to the Premises or the Tenant Improvements, which or (iii) the Base Building, but as to the Base Building, only to the extent such obligations are triggered by Alterations or Tenant Improvements to the extent such Alterations are not normal and customary business office improvements in Comparable Buildings, or triggered by the Tenant Improvements to the extent such Tenant Improvements ae not normal and customary business office improvements, or triggered by Tenant’s particular use of the Premises and Project as opposed to customary business office use. Tenant shall not, however, be responsible for the cost of complying with Applicable Laws to the extent that any Major Alterations such compliance is required as a result of the Base Building failing to comply with Applicable Laws in effect as of date the Building was substantially completed (i.e., 2018). Notwithstanding the foregoing terms of this Article 24 to the contrary, Tenant may be given defer such compliance with Applicable Laws while Tenant contests, in a court of proper jurisdiction, in good faith, the applicability of such Applicable Laws to the Premises or withheld in LandlordTenant’s sole discretion. All Alterations shall be performed specific use or occupancy of the Premises; provided, however, Tenant may only by contractors, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord defer such compliance if such deferral shall not (a) prohibit Tenant from obtaining or maintaining a certificate of occupancy for the Premises, (b) prohibit Landlord from obtaining or maintaining a certificate of occupancy for the Building or any portion thereof, (c) unreasonably withhold and materially affect the safety of the employees and/or invitees of Landlord or delay its approval of any such contractorstenant in the Building (including Tenant), engineers(d) create a significant health hazard for the employees and/or invitees of Landlord or of any tenant in the Building (including Tenant), architects(e) otherwise materially and adversely affect Tenant’s use of or access to the Buildings or the Premises, plans or specifications(f) impose material obligations, except as limited pursuant liability, fines, or penalties upon Landlord or any other tenant of the Building, or would materially and adversely affect the use of or access to Section 6.6 with respect to Minor Alterationsthe Building by Landlord or other tenants or invitees of the Building. All such AlterationsThe judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, once so approvedregardless of whether Landlord is a party thereto, that Xxxxxx has violated any of said governmental measures, shall be made, constructed or installed by Tenant at conclusive of that fact as between Landlord and Tenant’s expense, shall be performed in good and workmanlike manner using new materials of good quality and . Landlord shall comply with all Requirements. Applicable Laws relating to the Common Areas of the Building, provided that compliance with such Applicable Laws is not the responsibility of Tenant shall not commence the making of any such Alterations until (a) all required governmental approvals and permits shall have been obtained, (b) all requirements regarding insurance imposed by under this Lease have been satisfied, (c) Tenant shall have given Landlord at least five (5) Business Days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibilityLease, and (d) any and all conditions to provided further that Landlord’s approval failure to comply therewith would prohibit Tenant from obtaining or maintaining a certificate of such work have been satisfied to Landlord’s reasonable satisfaction. Tenant shall not make any Alterations to occupancy for the Outside Areas. As used in this Article, Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorwaysPremises, or would unreasonably and materially affect the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction safety of Tenant’s Alterations employees or create a significant health hazard for Tenant’s employees, or would otherwise materially and adversely affect Tenant’s use of or access to have Landlord’s architect revise Landlord’s drawings the Premises. Landlord shall be permitted to show include in Operating Expenses any costs or expenses incurred by Landlord under this Article 24 to the work performed extent not prohibited by Tenantthe terms of Section 4.2.4 above.

Appears in 1 contract

Samples: Lease (Vir Biotechnology, Inc.)

By Tenant. Except Tenant shall be entitled to make improvements, alterations or modifications (collectively, "Alterations") to the Removable Tenant Improvements without Landlord's consent, provided that: (1) Tenant shall notify Landlord and provide copies of plans and specifications for Minor Alterationsan Alteration no less than ten (10) days prior to commencing such Alteration, (2) Tenant shall notify Landlord in writing within thirty (30) days of completion of the Alteration and deliver to Landlord a set of the plans and specifications therefor, either "as built" or marked to show construction changes made, (3) Tenant shall remove the Alteration at the termination of the Lease and repair any damage to the Leased Premises caused by their removal, and (4) no such Alteration shall impact or otherwise affect the exterior or structural components of the Buildings. Subject to Paragraph 6.1(a), Tenant shall not make or permit to be made any Alterations without Landlord’s prior written consentto the Leased Premises or Property (other than to the Removable Tenant Improvements) until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole 's reasonable discretion. All Alterations Tenant's written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject Alteration at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Paragraph 2.6 above, Landlord shall be performed only by contractors, engineers deemed to have made the election at the time the Alteration was completed). In no event shall Tenant be allowed make any Alteration that will impact or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold otherwise affect the exterior or delay its approval structural components of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsthe Buildings. All such Alterations, once so approvedapproved (if approval is required pursuant to the terms hereof), shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations until (a1) all required governmental approvals and permits shall have been obtained, (b2) all requirements regarding insurance imposed by this Lease have been satisfied, (c3) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (d4) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. Tenant shall not make any Alterations to the Outside Areas. As used in this Article, Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable out of pocket costs discretion to inspect cover any perils relating to the construction of Tenant’s Alterations and proposed work not covered by insurance carried by Tenant pursuant to have Landlord’s architect revise Landlord’s drawings to show the work performed by TenantArticle 9.

Appears in 1 contract

Samples: Lease (Cell Genesys Inc)

By Tenant. Except for Minor AlterationsThis Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval may be made any Alterations withheld in Landlord’s reasonable discretion; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days’ prior written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which as (a) do not adversely affect any systems or equipment of Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Lease. Tenant’s written request shall also contain a request for Landlord to any Major Alterations elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may be given make such election at the expiration or withheld earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Landlord’s sole discretion. All Alterations Paragraph 2.6 above, Landlord shall be performed only by contractorsdeemed to have made the election at the time the alterations, engineers modifications or architects reasonably approved by Landlordimprovements were completed); provided, however, with respect to Tenant’s initial alterations and shall improvements to be made pursuant to and in accordance with complete and detailed architecturalthe Work Letter, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsmake the foregoing written request. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) any and all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasCommon Areas or the exterior or structural components of Building 4 including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Kodiak Sciences Inc.)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractorswriting, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering the plans and specifications approved in writing by Landlordtherefor, which approval shall not be unreasonably withheld. Landlord shall not unreasonably withhold or delay its approval of respond to Tenant's written request to make any such contractorsalterations or modifications within ten (10) calendar days after receipt of such request. Without limiting the generality of the foregoing, engineersTenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, architectsalteration or improvement if, plans in Landlord's reasonable judgment, such modification, alteration or specificationsimprovement would adversely affect the structure of the Building, except as limited pursuant to Section 6.6 with respect to Minor Alterationsany of the Building's systems, the appearance of the Building or the value or utility of the Building or the Property. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part Notwithstanding the foregoing, Tenant, without Landlord's prior written consent (but subject to the other terms and conditions of and at the time granting Landlord’s approval for Tenant this Article 6), shall be permitted to make Alterations, Landlord may require that Tenant remove any such Alterations prior alterations to the expiration or earlier termination Leased Premises which do not affect the structure of the Term Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and repair any damage caused by do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such removal alterations do not exceed $25,000 individually or restore $100,000 in the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.aggregate,

Appears in 1 contract

Samples: Lease (Trident Microsystems Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations, modifications or permit construction of improvement to be made any Alterations or in or about the Premises (“Alterations”) of the Premises without Landlord’s 's prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlordapproval, and then not until Landlord shall be made have first approved in accordance with complete and detailed architectural, mechanical and engineering writing the plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsthereof. All such Alterations, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense, using a licensed contractor first approved by Landlord in writing in strict compliance with the Landlord-approved plans and specifications thereof. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices Notices of non-responsibilityNon- Responsibility, and (div) if requested by Landlord, Tenant and/or its contractor shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9 and all conditions to Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. Tenant shall not provide Landlord with proof that its contractor has such insurance as Landlord may reasonably require. In no event shall Tenant make any Alterations modifications, alterations or improvements to the Outside AreasCommon Areas or any areas outside of the Premises. As used in this Article, the term Alterations shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at In the time granting event that Tenant receives Landlord’s 's prior written approval for Tenant to make commence any Alterations, which approval or disapproval shall be in Landlord's sole and subjective discretion, then, as a condition precedent to Tenant's commencing such Alterations, Tenant shall submit to Landlord may require the following items: (i) all architectural, engineering, construction and/or design drawings, plans specifications, studies, reports, bids and other material of every kind relating to the Alterations (the Plans and Specifications); (ii) an original signed copy of the contract between Tenant and any and all contractors, subcontractors, materialmen or suppliers together with copies of any and all subcontracts and supply contacts relating to the Alterations; (iii) an executed indemnification from Tenant’s contractor in a form reasonably acceptable to Landlord (iv) originally signed lien waivers from all subcontractors and materialmen or suppliers for all work done and/or material supplied in connection with the Alterations and (v) an originally signed general release of liens from Tenant's general contractor in a form acceptable to Landlord. Upon completion of the Alterations, Tenant shall submit to Landlord: (i) a certification from Tenant's general contractor and, if requested by Landlord, from Tenant's architect, certifying that Tenant remove any such Alterations each has inspected the Premises not more than five (5) days prior to the expiration or earlier termination date of the Term certification and repair any damage caused that the Alterations have been constructed in good and workmanlike manner and in substantial accordance with the Plans and Specifications and with the requirements of the governmental authorities having jurisdiction or control over same, and that all materials for which payment has been made by such removal Tenant have been delivered to and have been incorporated into the Premises; and (ii) final unconditional certificate(s) of occupancy, or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect equivalent issued by the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantapplicable governmental authority.

Appears in 1 contract

Samples: Industrial Space Lease (SOS Hydration Inc.)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole 's reasonable discretion. All Alterations It is agreed that it shall be performed only by contractorsreasonable for Landlord to require Tenant to remove all or any portion of such alterations, engineers modifications or architects reasonably approved by Landlordimprovements at the end of the Lease Term and to fully restore the Leased Premises, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. provided that Landlord shall not unreasonably withhold or delay notifies Tenant of such requirements at the time Landlord grants its approval of any such contractorsthe alterations, engineersmodifications, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsimprovements. All such Alterationsalterations, modifications or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five fifteen (515) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alternations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises. As used in this Article, Alterations the term "modifications, alternations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As Notwithstanding the foregoing, Tenant, without Landlord's prior written consent, shall be permitted to make non-structural alterations to the Building, provided that: (a) such alterations do not exceed $10,000 individually or $100,000 in the aggregate, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration and deliver to Landlord a part set of the plans and specifications therefor, either "as built" or marked to show construction changes made, and (d) Tenant shall, upon Landlord's request, remove the alteration at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term Lease and repair any damage caused by such removal or restore the Leased Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and their condition prior to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantsuch alteration.

Appears in 1 contract

Samples: Va Linux Systems Inc

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractorswriting, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering the plans and specifications approved in writing therefor, which approval may not be unreasonably withheld by Landlord. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall not unreasonably withhold be deemed to have made the election at the time the alterations, modifications or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsimprovements were completed). All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises, except as specifically provided in this Lease. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: Sublease (Atheros Communications Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractorswriting, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord shall therefor, which approval may not be unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationswithheld. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9 and (dv) with respect to any and all conditions to alteration or modification that affect Building Systems, Tenant shall first obtain approval from Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfactiondesignated engineer for the affected Building System. Tenant shall not pay to Landlord, within thirty (30) days of demand therefor an administrative fee in connection with any alterations or modifications in the Leased Premises in an amount equal to the greater of (x) 3% of the total cost of such alterations or modifications or (y) $250. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises without Landlord’s prior written consent, which may be granted or withheld in Landlord’s sole discretion (collectively, “Prohibited Alterations”). As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at Notwithstanding the time granting foregoing, Tenant, without Landlord’s approval for Tenant prior written consent, shall be permitted to make Alterations, Landlord may require that Tenant remove any such alterations other than Prohibited Alterations prior to the expiration Building, provided that: (a) such alterations do not exceed $25,000 individually or earlier termination $100,000 in the aggregate, (b) Tenant shall timely provide Landlord the notice required pursuant to subparagraph (iii) above, (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the Term alteration and repair any damage caused by such removal deliver to Landlord a set of the plans and specifications therefor, either “as built” or restore the Premises at Tenant’s cost. At marked to show construction changes made, and (d) Tenant shall, upon Landlord’s request, remove the alteration at the termination of the Lease and restore the Leased Premises to their condition prior to such alteration. Landlord shall render a decision, at the time that request is made by Tenant shall pay for approval of an alteration or upon notification of an alteration not requiring Landlord’s reasonable out consent, whether such alteration can remain or if such alteration must be removed at the expiration or sooner termination of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by TenantLease Term.

Appears in 1 contract

Samples: Office Lease (Cortina Systems Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s 's sole but reasonable discretion. All Alterations shall be performed only by contractorssuch modifications, engineers alterations or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterationsimprovements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld or delayed), in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least lease five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside Areas. As used in this Article, Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, Areas or the like. As a part exterior or structural components of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.the

Appears in 1 contract

Samples: Simplex Solutions Inc

By Tenant. Except Tenant shall keep the Premises in good, clean and habitable condition and shall at its sole cost and expense keep the same free of dirt, rubbish, ice or snow, insects, rodents, vermin and other pests and make all needed repairs and replacements, including replacement of cracked or broken glass, except for Minor Alterationsrepairs and replacements required to be made by Landlord. Without limiting the coverage of the previous sentence, but subject to the limitation set forth in the following sentence, it is understood that Tenant’s responsibilities therein include the repair and replacement in accordance with all applicable Laws of all lighting, heating, air conditioning, plumbing and other electrical, mechanical and electromotive installation, equipment and fixtures and also include all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in, under and above the Premises, regardless of when or how the defect or other cause for repair or replacement occurred or became apparent. All repairs by Tenant shall conform, at a minimum, to the Building Standards attached hereto as Exhibit K, as the same may be modified by Landlord from time to time. All contractors and subcontractors shall be subject to Landlord’s written approval in accordance with Section 8(b)(iii). If any repairs required to be made by Tenant hereunder are not made or commenced within ten (10) days after written notice delivered to Tenant by Landlord (such time period not being subject to the notice and cure provisions of Section 17(f)), Landlord may at its option make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs, unless caused by the gross negligence or willful misconduct of Landlord, its employees, agents or contractors. Tenant shall pay to Landlord upon demand as Rent hereunder, the cost of such repairs plus interest at the Default Rate, such interest to accrue continuously from the date of payment by Landlord until repayment by Tenant. Notwithstanding the foregoing, Landlord shall have the right to make such repairs without notice to Tenant in the event of an emergency, or if such repairs relate to the exterior of the Premises. At the expiration of this Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and casualties not make or permit required to be made repaired by Tenant. If Landlord elects to store any Alterations without Landlord’s prior written consentpersonal property of Tenant, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, same shall be performed only stored at the sole risk of Tenant. Unless caused by the gross negligence or willful misconduct of Landlord, its employees, agents or contractors, engineers Landlord and its agents shall not be liable for any loss or architects reasonably approved by Landlorddamage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Complex or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. In signing this Lease, Tenant has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the Premises. Tenant agrees to promptly notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. TENANT RELIEVES LANDLORD FROM ANY LIABILITY FOR ANY BODILY INJURY OR DAMAGES TO PROPERTY CAUSED BY OR ASSOCIATED WITH MOISTURE OR THE GROWTH OF OR OCCURRENCE OF MOLD OR MILDEW ON THE PREMISES, UNLESS SAME IS IN EXISTENCE ON THE DATE OF THIS LEASE OR IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD, ITS EMPLOYEES, AGENTS OR CONTRACTORS. In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations. Notwithstanding Tenant’s repair and maintenance obligations pursuant to this Section 8(b)(ii), if any item of Tenant’s repair and maintenance obligations set forth herein involves a capital repair, replacement, improvement and/or equipment under generally accepted accounting principles consistently applied (“Tenant Repair Capital Item”), Tenant shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by provide written notice thereof to Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractorsshall, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 the receipt of such notice from Tenant, make such Tenant Repair Capital Item, and following completion thereof, provide Tenant with respect to Minor Alterations. All such Alterations, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense, shall be performed in good and workmanlike manner using new materials of good quality and shall comply with all Requirements. Tenant shall not commence the making of any such Alterations until (a) all required governmental approvals and permits shall have been obtained, (b) all requirements regarding insurance imposed by this Lease have been satisfied, (c) Tenant shall have given Landlord at least five (5) Business Days prior written notice of its intention (i) the total cost of such Tenant Repair Capital Item (“Tenant Repair Capital Item Cost”), (ii) the estimated useful life of such Tenant Repair Capital Item per generally accepted accounting principles consistently applied (“Useful Life”), (iii) the amortization of such Tenant Repair Capital Item Cost over such Useful Life at an interest rate equal to commence such work so that Landlord may post and file notices the “prime rate” as announced from time to time by Bank of non-responsibilityAmerica, N.A., plus one percent (1%) per annum, and (div) any the monthly amount due and all conditions payable by Tenant to Landlord’s approval reimburse Landlord for that portion of such work have been satisfied to Landlord’s reasonable satisfaction. the amortized Tenant shall not make any Alterations Repair Capital Item Cost applicable to the Outside Areas. As used in this Articleremainder of the Lease Term, Alterations which monthly amount shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for be paid by Tenant to make Alterations, Landlord may require that concurrently with the payment by Tenant remove any such Alterations prior to the expiration or earlier termination Landlord of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantmonthly Base Rent.

Appears in 1 contract

Samples: Lease Agreement (Ultragenyx Pharmaceutical Inc.)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as approval shall not be unreasonably withheld. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any Major Alterations may be given modification, alteration or withheld improvement if, in Landlord’s sole discretion. All Alterations shall be performed only by contractorsreasonable judgment, engineers such modification, alteration or architects reasonably approved by Landlordimprovement would adversely affect the structure of the Building, and shall be made in accordance with complete and detailed architecturalany of the Building’s systems, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold the appearance of the Building or delay its approval the value or utility of any such contractors, engineers, architects, plans the Building or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsthe Property. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at Notwithstanding the time granting foregoing, Tenant, without Landlord’s approval for Tenant prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make Alterations, Landlord may require that Tenant remove any such Alterations prior alterations to the expiration or earlier termination Leased Premises which do not affect the structure of the Term Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and repair any damage caused by do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such removal alterations do not exceed $25,000 individually or restore $100,000 in the Premises at Tenant’s cost. At aggregate, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) Tenant shall, upon Landlord’s request, Tenant shall pay Landlord’s reasonable out remove the alteration at the termination of pocket costs the Lease and restore the Leased Premises to inspect the construction of Tenant’s Alterations and their condition prior to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantsuch alteration.

Appears in 1 contract

Samples: Lease (Silicon Image Inc)

By Tenant. Except for Minor Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as "Alterations") without acquiring the prior written consent of Landlord in each instance, provided that: (a) the Alterations are non-structural and the structural integrity of the building in which the Premises is located shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the electrical, mechanical, plumbing, HVAC or other systems servicing the Premises is not impaired; or (d) the cost in each case does not exceed Ten Thousand and No/100 Dollars ($10,000.00) (the "Permitted Alterations"). For any other Alterations, Tenant shall be required to obtain the prior written consent of Landlord, which consent Landlord shall not make unreasonably withhold, condition, or permit to be made delay. If Tenant makes written request for any Alterations without requiring Landlord’s 's prior written consent, which as such request must be accompanied by a description of the proposed Alterations. If Landlord fails to any Major deny consent to the proposed Alterations may be given or withheld in Landlord’s sole discretion. All Alterations writing accompanied by reasons for such denial within thirty (30) days of Tenant's request, then Landlord shall be performed only deemed to have granted consent to the Alterations described. After obtaining Landlord's consent for any Alterations (either expressly or by contractorsinference), engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterations, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense, shall be performed in good and workmanlike manner using new materials of good quality and shall comply with all Requirements. Tenant shall not commence the making of any such Alterations until (a) all required governmental approvals and permits shall have been obtained, (b) all requirements regarding insurance imposed by this Lease have been satisfied, (c) Tenant shall have given give Landlord at least five (5) Business Days days' prior written notice of its intention to commence such work so that the commencement of any Alterations at the Premises, and Landlord may elect to record and post and file notices of non-responsibilityresponsibility at the Premises. This provision shall apply to improvements made by Tenant at any time, including Tenant’s initial leasehold improvements and fixturing. No changes, alterations, or improvements affecting the exterior of the Premises shall be made by Tenant without the prior written approval of Landlord. Tenant also agrees to pay one hundred percent (d100%) of any and all conditions to increase in the Real Estate Taxes or Landlord’s approval Personal Property Taxes resulting from such improvements. All alterations, decorations, additions and improvements made by Tenant, or made by Landlord on Tenant’s behalf as provided in this Lease, shall be the property of such work have been satisfied to Landlord’s reasonable satisfaction. Upon obtaining the prior written consent of Landlord, Tenant shall not make any Alterations to the Outside Areas. As used in this Articleremove such alterations, Alterations shall include the installation of additional electrical outletsdecorations, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of additions and at the time granting Landlord’s approval for improvements made by Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At as provided in Section 8.5, and if Tenant fails to do so and moves from the Premises, all such alterations, decorations, and additions and improvements shall remain the property of Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: Lease (Adma Biologics, Inc.)

By Tenant. Except for Minor Alterationsas expressly provided in subparagraph (a) of --------- this Paragraph 16, and except as provided in Paragraph 29(e), Tenant shall will, at its sole cost and expense, (i) in the event Tenant elects not make or permit to be made any Alterations without Landlord’s prior written consentself-manage the Project, which as hire a company experienced in the management and maintenance of facilities similar to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably the Project (approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. which approval Landlord shall not unreasonably withhold withhold, condition or delay delay, and which approval shall be deemed granted if Landlord fails to respond to a written request therefor within twenty (20) days; Landlord hereby approves Washington Group International for all purposes in connection with this Lease as a management company), to manage and maintain the Project (the contract with such company shall provide for the contract to terminate on the date (the "Applicable Date") which is the earlier of the Recapture Date (as defined in Paragraph 29(e) hereof), the last day of the term of this Lease, and the day Landlord terminates Tenant's right to possession of the Demised Premises pursuant to Paragraph 26(b)(ii) hereof), and (ii) take care of and maintain the Project in first class order, repair and operating condition and make repairs, restorations, and replacements to the Project, including without limitation the heating, ventilating, air conditioning, mechanical, electrical, elevator, and plumbing systems, structural roof, walls, and foundations, paving, curbs, landscaping, and the fixtures and appurtenances to the Project as and when needed to preserve them in good working order and condition and as required by Article IX of the Declaration and regardless of whether the repairs, restorations, and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital or non-capital, or the fault or not the fault of Tenant, its approval of any such agents, employees, invitees, visitors, or contractors, engineersbut not to the extent caused by the negligence or intentional misconduct of Landlord, architectsits employees, plans agents or specificationslicensees. Tenant agrees to keep and maintain in full force and effect, except as limited pursuant to Section 6.6 from the first day of the Move-in Period and continuing thereafter throughout the term of this Lease, at Tenant's sole expense, a maintenance contract with a reputable heating and air conditioning contractor with respect to Minor Alterationsthe heating and air conditioning equipment servicing the Project. All such Alterations, once so approvedSuch contract shall provide for service to be rendered on a regular periodic basis, shall be made, constructed or installed by Tenant at Tenant’s expense, shall be performed in good and workmanlike manner using new materials of good quality and shall comply with all Requirementsprovide for the contract to terminate on the Applicable Date. Tenant shall not commence deliver to Landlord written evidence of such service contract upon request of Landlord. All repairs, restorations, and replacements by Tenant hereunder will be in quality and class equal to the making original work or installations. If Tenant fails to make repairs, restorations, or replacements within thirty (30) days after receipt of any such Alterations until (a) all required governmental approvals and permits shall have been obtained, (b) all requirements regarding insurance imposed by this Lease have been satisfied, (c) Tenant shall have given Landlord at least five (5) Business Days prior written notice from Landlord of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (d) any and all conditions to Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. Tenant shall not make any Alterations to the Outside Areas. As used in this Article, Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterationsneed therefor, Landlord may require that thereafter make them at the expense of Tenant remove any such Alterations prior and the expense will be collectible as additional rent to the expiration or earlier termination be paid by Tenant within thirty (30) days after its receipt of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenanta valid invoice therefor.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractorswriting, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefore, which approval shall not be unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationswithheld. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making ranking of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modifications, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises without Landord's consent. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: Industrial Space Lease (Gatefield Corp)

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By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole reasonable discretion. All Alterations Landlord’s approval shall be performed only deemed given if not denied by contractorsLandlord in a written notice to Tenant delivered within fifteen (15) days following receipt of Tenant’s written request. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, engineers modifications or architects reasonably approved improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election upon any subsequent request by LandlordTenant or at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Section 2.7 above, and Landlord shall be deemed to have made in accordance with complete and detailed architecturalthe election at the time the alterations, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold modifications or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsimprovements were completed). All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at Notwithstanding the time granting foregoing, Tenant, without Landlord’s approval for Tenant prior written consent, shall be permitted to make Alterationsnon-structural alterations to the Building, provided that: (a) such alterations do not exceed $50,000 individually or $200,000 in the aggregate, (b) Tenant shall timely provide Landlord may require that Tenant remove any such Alterations the notice no less than ten (10) days prior to the expiration or earlier termination commencing such alterations, (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the Term alteration and repair any damage caused by such removal deliver to Landlord a set of the plans and specifications therefor, either “as built” or restore the Premises at Tenant’s cost. At marked to show construction changes made, and (d) Tenant shall, upon Landlord’s request, Tenant shall pay Landlord’s reasonable out remove the alteration at the termination of pocket costs the Lease and restore the Leased Premises to inspect the construction of Tenant’s Alterations and their condition prior to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantsuch alteration.

Appears in 1 contract

Samples: Lease (Redback Networks Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole reasonable discretion. All Alterations Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be performed only by contractorsdeemed to have made the election at the time the alterations, engineers modifications or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsimprovements were completed). All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at Notwithstanding the time granting foregoing, Tenant, without Landlord’s approval for Tenant prior written consent, shall be permitted to make Alterations, Landlord may require that Tenant remove any such Alterations prior non-structural alterations to the expiration Building, provided that: (a) such alterations do not exceed $20,000 individually or earlier termination $100,000 in the aggregate over the Lease Term, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the Term alteration and repair any damage caused by such removal deliver to Landlord a set of the plans and specifications therefor, either “as built” or restore the Premises at Tenant’s cost. At marked to show construction changes made, and (d) Tenant shall, upon Landlord’s request, Tenant shall pay Landlord’s reasonable out remove the alteration at the termination of pocket costs the Lease and restore the Leased Premises to inspect the construction of Tenant’s Alterations and their condition prior to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantsuch alteration.

Appears in 1 contract

Samples: Lease (Allion Healthcare Inc)

By Tenant. This Section 6.1 shall not apply to the Initial Tenant Improvement Work, which shall be governed exclusively by the Work Letter. Except for Minor Alterationsas specifically set forth herein, Tenant shall not make any alterations to or permit to be made modifications of the Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations may approval shall not be given unreasonably withheld, conditioned or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved delayed by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering except as to plans and specifications approved for Prohibited Alterations (as defined below), the approval of which may be withheld by Landlord in writing by Landlordits sole and absolute discretion. As used herein, "Prohibited Alterations" mean any alterations, modifications or improvements which may affect the structural components of the Building or the Systems and Equipment or which can be seen from (or may adversely affect any area) outside the Premises. Landlord shall be deemed to have disapproved Tenant's proposed plans and specifications if neither Landlord's written approval or disapproval is delivered to Tenant within fifteen (15) days following Landlord's receipt of Tenant's written request for approval. Landlord's approval may state that it will require Tenant to remove the subject alterations, modifications or improvements by the expiration or earlier termination of this Lease, in which event Tenant shall be obligated to remove the subject alterations, modifications or improvements by the expiration or earlier termination of this Lease. If Landlord does not unreasonably withhold or delay state in its approval that removal will be required, Landlord shall be deemed to have elected to allow the subject alterations, modifications or improvements to remain on the Premises at the expiration or earlier termination of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsthis Lease. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first reasonably approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations alterations or modifications or the construction of any such improvements until (a) all required governmental approvals and permits shall have been obtained, (b) all requirements regarding insurance imposed by this Lease have been satisfied, (c) Tenant shall have given Landlord at least five three (53) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (d) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9, and all conditions (e) if requested by Landlord and Tenant is no longer Xxxxxxxx & Company, require Tenant to Landlord’s approval obtain a payment and performance bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such work have been satisfied to Landlord’s reasonable satisfactionalterations (other than PreApproved Alterations) and naming Landlord as a co-obligee. In no event shall Tenant shall not make any Alterations alterations, modifications or improvements whatsoever to the Outside AreasCommon Areas or the exterior of the Building including, without limitation, any cuts or penetrations in the floor or exterior walls of the Premises. Any core drilling that Tenant desires to perform in connection with any alterations, modifications or improvements consented to by Landlord pursuant to this Section 6.1 shall be performed during other than Normal Business Hours. As used in this ArticleArticle 6, Alterations the term "alterations, modifications or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part Promptly after completion of and at the time granting Landlord’s approval for Tenant to make Alterationsany alterations, Landlord may require that Tenant remove any such Alterations prior modifications or improvements to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s requestPremises, Tenant shall pay Landlord’s reasonable out deliver to Landlord a reproducible copy of pocket costs to inspect the "as built" drawings of the same, and if Landlord should request, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials used in the construction of Tenant’s Alterations such alterations, modifications or improvements. Tenant shall pay for all overhead, general conditions, fees and other costs and expenses of any alterations, modifications or improvements to have Landlord’s architect revise Landlord’s drawings to show the Premises. All work performed by TenantTenant or any Tenant Party shall be performed so as not to interfere with (a) the other tenants, occupants or users of the Building (including Landlord) or their use or occupancy of the Building or Common Areas, or (b) the owners, tenants, occupants, or users of any neighboring properties. Tenant shall take all precautionary steps reasonably necessary to protect its property, equipment and facilities and the property, equipment and facilities of others affected by any of the work or activities to be performed by Tenant or any Tenant Party, and shall make adequate provision for the safety and convenience of the tenants, occupants or users of the Building (including Landlord). Notwithstanding the foregoing to the contrary, Landlord's prior consent shall not be required with respect to any interior alterations, modifications or improvements to the Premises (collectively, the "PreApproved Alterations") which (i) are not Prohibited Alterations, and (ii) cost less than seventy-five Thousand Dollars ($75,000.00) in the aggregate during any six (6) consecutive month period, so long as (A) Tenant delivers to Landlord notice and copies of all permits and final plans, specifications and working drawings (if any) for any such alterations, modifications or improvements at least five (5) business days prior to commencement of the work thereof, and (B) Tenant complies with the requirements of this Section 6.1 (other than obtaining Landlord's prior written consent).

Appears in 1 contract

Samples: Lease (Crawford & Co)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct any improvements to be made any Alterations or within the Leased Premises without Landlord’s 's prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlordapproval, and then not until Landlord shall be made have first approved, in accordance with complete and detailed architecturalwriting, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefore, which approval shall not be unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationswithheld. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense, using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsthat match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modifications, alterations or improvements to the Outside AreasCommon Areas or any areas outside of the Leased Premises. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s 's approval for Tenant to make Alterations, alterations or modifications Landlord may require that Tenant remove any such Alterations prior to increase the expiration amount of its Security Deposit to cover the cost of removing Tenant's alterations or earlier termination modifications and to restore the condition of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s costto its prior condition. At Landlord’s request, Tenant shall pay Landlord’s 's reasonable out of pocket costs to inspect the construction of Tenant’s Alterations 's alterations or modifications and to have Landlord’s 's architect revise Landlord’s 's drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: Virage Logic Corp

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractorswriting, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering the plans and specifications approved therefor, which approval may not be unreasonably withheld. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in writing by Landlord. Paragraph 2.6 above, Landlord shall not unreasonably withhold be deemed to have made the election at the time the alterations, modifications or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsimprovements were completed). All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first reasonably approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if reasonably requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasCommon Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior or load bearing walls of the Leased Premises. As used in this ArticleArticle 6, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Biolase, Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations, modifications or permit construction of improvement to be made any Alterations or in or about the Premises (“Alterations”) of the Premises without Landlord’s 's prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlordapproval, and then not until Landlord shall be made have first approved in accordance with complete and detailed architectural, mechanical and engineering writing the plans and specifications approved in writing by Landlordthereof. All materials are subject to Xxxxxxxx’s approval. Landlord shall has the right to reject any materials not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 consistent with respect to Minor Alterationsother units within the Premises. All such Alterations, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense, using a licensed contractor first approved by Landlord in writing in strict compliance with the Landlord-approved plans and specifications thereof. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices Notices of nonNon-responsibilityResponsibility, and (div) if requested by Landlord, Tenant and/or its contractor shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9 and all conditions to Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. Tenant shall not provide Landlord with proof that its contractor has such insurance as Landlord may reasonably require. In no event shall Tenant make any Alterations modifications, alterations or improvements to the Outside AreasCommon Areas or any areas outside of the Premises. As used in this Article, the term Alterations shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at In the time granting event that Tenant receives Landlord’s 's prior written approval for Tenant to make commence any Alterations, which approval or disapproval shall be in Landlord's sole and subjective discretion, then, as a condition precedent to Tenant's commencing such Alterations, Tenant shall submit to Landlord may require the following items: (i) all architectural, engineering, construction and/or design drawings, plans specifications, studies, reports, bids and other material of every kind relating to the Alterations (the Plans and Specifications); (ii) an original signed copy of the contract between Tenant and any and all contractors, subcontractors, materialmen or suppliers together with copies of any and all subcontracts and supply contacts relating to the Alterations; (iii) an executed indemnification from Tenant’s contractor in a form reasonably acceptable to Landlord (iv) originally signed lien waivers from all subcontractors and materialmen or suppliers for all work done and/or material supplied in connection with the Alterations and (v) an originally signed general release of liens from Xxxxxx's general contractor in a form acceptable to Landlord. Upon completion of the Alterations, Tenant shall submit to Landlord: (i) a certification from Tenant's general contractor and, if requested by Landlord, from Tenant's architect, certifying that Tenant remove any such Alterations each has inspected the Premises not more than five (5) days prior to the expiration or earlier termination date of the Term certification and repair any damage caused that the Alterations have been constructed in good and workmanlike manner and in substantial accordance with the Plans and Specifications and with the requirements of the governmental authorities having jurisdiction or control over same, and that all materials for which payment has been made by such removal Tenant have been delivered to and have been incorporated into the Premises; and (ii) final unconditional certificate(s) of occupancy, or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect equivalent issued by the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantapplicable governmental authority.

Appears in 1 contract

Samples: Industrial Space Lease

By Tenant. Except for Minor AlterationsThis Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make or permit to be made any Alterations without Landlord’s prior written consentNon-Standard Improvements until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole discretion as to modifications, alterations and/or improvements which affect the Building façade or structure, or materially adversely affect the Building’s systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion. All Alterations Landlord’s written approval shall, if applicable, also contain Landlord’s election to require Tenant to remove the subject Non-Standard Improvements at the expiration or earlier termination of this Lease, in which event Tenant shall be performed only by contractorsobligated to do so, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant subject to Section 6.6 with respect to Minor AlterationsParagraph 2.6 above. All such Alterationsmodifications, once so approved, alterations or improvements shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord which approval shall not be unreasonably withheld or delayed, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new (or reclaimed or recycled) materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) any and all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, Building G alterations or improvements whatsoever to the Outside Common Areas (except the Exclusive Use Areas). As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at Notwithstanding the time granting foregoing, Tenant, without Landlord’s approval for Tenant prior written consent, shall be permitted to make Alterationsalterations to the Leased Premises which are not Non-Standard Improvements provided that: (a) Tenant shall timely provide Landlord the notices required pursuant to Paragraph 4.9 above, (b) Tenant shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for such alterations, and shall provide copies of such approvals and permits to Landlord may require that Tenant remove prior to commencing any work with respect to such alterations, (c) the cost of any such Alterations prior to the expiration or earlier termination project does not exceed Two Hundred Thousand Dollars ($200,000) and not more than three (3) such projects are performed in any twelve (12) month period, and (d) Tenant shall notify Landlord in writing within thirty (30) days of completion of the Term alteration and repair deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made. In addition, Tenant may perform any damage caused by such removal or restore cabling and cosmetic alterations not visible outside the Leased Premises at Tenant’s cost. At without Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantprior approval.

Appears in 1 contract

Samples: Disturbance Agreement (Palo Alto Networks Inc)

By Tenant. Except for Minor AlterationsIf Tenant at any time desires any changes, alterations or additions to the Approved Plans or Base Building Final Working Drawings with respect to any of BASE BUILDING WORK, Tenant shall not make submit a detailed written request to Landlord specifying such changes, alterations or permit to be made any Alterations without Landlord’s prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretionadditions (a "CHANGE ORDER"). All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval Upon receipt of any such contractorsrequest, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterations, once so approved, Landlord shall be made, constructed or installed by notify Tenant at Tenant’s expense, shall be performed in good and workmanlike manner using new materials of good quality and shall comply with all Requirements. Tenant shall not commence the making of any such Alterations until (a) all required governmental approvals and permits shall have been obtained, (b) all requirements regarding insurance imposed by this Lease have been satisfied, (c) Tenant shall have given Landlord at least within five (5) Business Days prior written notice business days of its intention (A) whether the matters proposed in the Change Order are approved by Landlord (which approval shall not be unreasonably withheld, delayed or conditioned, and Landlord's failure to commence respond within such work so that Landlord may post five (5) business days period shall be deemed Landlord's approval), (B) Landlord's estimate of the number of days of delay, if any, which shall be caused by such Change Order if implemented (including, without limitation, delays due to the need to obtain any revised plans or drawings and file notices of non-responsibilityany governmental approvals), and (dC) Landlord's estimate of the increase or decrease, if any, which shall occur in the Cost of Improvement for the items or components affected by such Change Order if such Change Order is implemented (including, but not limited to, any costs of compliance with laws or governmental regulations that become applicable because of the requested Change Order). If Tenant notifies Landlord in writing, within five (5) business days after receipt of such notice, of Tenant's approval of the Change Order (including the estimated delays and cost increases or decreases, if any, described in the notice), then Landlord shall cause such Change Order to be implemented and Tenant shall be responsible for all conditions costs or cost increases, resulting from or attributable to Landlord’s the Change Order, subject to the provisions of Section 4 hereof. If Tenant fails to notify Landlord in writing of its approval of such work have been satisfied Change Order within said five (5) business day period, then such Change Order shall be deemed to Landlord’s reasonable satisfaction. Tenant be withdrawn and shall not make any Alterations to the Outside Areas. As used in this Article, Alterations shall include the installation be of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantno further effect.

Appears in 1 contract

Samples: Inhale Therapeutic Systems Inc

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld or delayed. Landlord's approval shall be deemed given if not denied by Landlord in a written notice to Tenant delivered within fifteen (15) days following receipt of Tenant's written request. Tenant's written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Section 2.6 above, Landlord shall be deemed to have made any Alterations without Landlord’s the election at the time the alterations, modifications or improvements were completed). Notwithstanding the foregoing, Tenant shall have the right, at its sole cost and expense, subject to the prior written consent, approval of Landlord (which as approval shall not be unreasonably withheld or delayed) to any Major Alterations may construct a covered open walkway between the Building and the 1194 Building and Tenant shall not be given or withheld in Landlord’s sole discretionrequired to remove such walkway upon the termination of this Lease. All Alterations shall be performed only by contractorsmodifications, engineers alterations or architects reasonably improvements, once approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterations, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises (except to the extent Tenant has obtained Landlord's approval pursuant to Section 4.2). As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.lighting

Appears in 1 contract

Samples: Lease (Juniper Networks Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractorswriting, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering the plans and specifications approved therefor, which approval shall not be unreasonably withheld or delayed. Landlord’s approval shall be deemed given if not denied by Landlord in writing by Landlorda written notice to Tenant delivered within fifteen (15) days following receipt of Tenant’s written request. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall not unreasonably withhold be deemed to have made the election at the time the alterations, modifications or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsimprovements were completed). All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at Notwithstanding the time granting foregoing, Tenant, without Landlord’s approval for Tenant prior written consent, shall be permitted to make Alterations, Landlord may require that Tenant remove any such Alterations prior non-structural alterations to the expiration Building, provided that: (a) such alterations do not exceed $20,000 individually or earlier termination $100,000 in the aggregate over the Lease Term, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the Term alteration and repair any damage caused by such removal deliver to Landlord a set of the plans and specifications therefor, either “as built” or restore the Premises at Tenant’s cost. At marked to show construction changes made, and (d) Tenant shall, upon Landlord’s request, Tenant shall pay Landlord’s reasonable out remove the alteration at the termination of pocket costs the Lease and restore the Leased Premises to inspect the construction of Tenant’s Alterations and their condition prior to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantsuch alteration.

Appears in 1 contract

Samples: Lease (Atheros Communications Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole discretion. All Alterations Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be performed only by contractorsdeemed to have made the election at the time the alterations, engineers modifications or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsimprovements were completed). All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) any and all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasCommon Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: Short Term Lease (Echelon Corp)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole discretiondiscretion unless reasonably required in order to accommodate Tenant’s consolidation from the Portion of the Third Floor and Additional Floor into the Remainder. All Alterations Tenant shall be performed only reimburse Landlord for all costs incurred by contractorsLandlord in connection with review of such plans and specifications, engineers including the cost of any third party consultants or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering contractors to review plans and specifications approved and to inspect or supervise any work performed by or on behalf of Tenant. Landlord’s approval of Tenant’s plans and specifications shall create no liability on the part of Landlord for their completeness, sufficiency, or compliance with Laws or Private Restrictions. Tenant’s written request shall also contain a request (in writing by Landlordbold, all capital letters) for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall not unreasonably withhold be deemed to have made the election at the time the alterations, modifications or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsimprovements were completed). All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five ten (510) Business Days days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: Lease (Electronics for Imaging Inc)

By Tenant. Except for Minor AlterationsThis Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make or permit to be made any Alterations without Landlord’s prior written consentBuilding C Non-Standard Office Improvements until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole discretion as to Non-Standard Office Improvements which affect the Building façade, structure, or systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion. All Alterations Landlord’s written approval shall, if applicable, also contain Landlord’s election to require Tenant to remove the subject Non-Standard Office Improvements at the expiration or earlier termination of this Lease, in which event Tenant shall be performed only by contractors, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant obligated to Section 6.6 with respect to Minor Alterationsdo so. All such Alterationsmodifications, once so approved, alterations or improvements shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord which approval shall not be unreasonably withheld or delayed, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) any and all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside Common Areas (except the Exclusive Use Common Areas). As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at Notwithstanding the time granting foregoing, Tenant, without Landlord’s approval for Tenant prior written consent, shall be permitted to make Alterationsalterations to the Leased Premises which are not Non-Standard Office Improvements provided that: (a) Tenant shall timely provide Landlord the notices required pursuant to Paragraph 4.9 above, (b) Tenant shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for such alterations, and shall provide copies of such approvals and permits to Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination commencing any work with respect to such alterations, and (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the Term alteration and repair any damage caused by such removal deliver to Landlord a set of the plans and specifications therefor, either “as built” or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings marked to show the work performed by Tenantconstruction changes made.

Appears in 1 contract

Samples: Lease (Aruba Networks, Inc.)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as approval shall not be unreasonably withheld or delayed. Landlord's approval shall be deemed given if not denied by Landlord in a written notice to any Major Alterations Tenant delivered within fifteen (15) days following receipt of Tenant's written request. Tenant's written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Section 2.6 above, Landlord shall be given deemed to have made the election at the time the alterations, modifications or withheld in Landlord’s sole discretionimprovements were completed). All Alterations shall be performed only by contractorsmodifications, engineers alterations or architects reasonably improvements, once approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterations, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises (except to the extent Tenant has obtained Landlord's approval pursuant to Section 4.2). As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As Notwithstanding the foregoing, Tenant, without Landlord's prior written consent, shall be permitted to make non-structural alterations to the Building, provided that: (a) such alterations do not exceed $20,000 individually, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration and deliver to Landlord a part set of the plans and specifications therefor, either "as built" or marked to show construction changes made, and (d) Tenant shall, upon Landlord's request, remove the alteration at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term Lease and repair any damage caused by such removal or restore the Leased Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and their condition prior to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantsuch alteration.

Appears in 1 contract

Samples: Lease (Juniper Networks Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make no alterations, additions, or permit improvements to be made any Alterations the Leased Premises without obtaining Landlord’s prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not be unreasonably withhold withheld, conditioned or delay its approval of any such contractors, engineers, architects, plans or specificationsdelayed, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterationsfor interior, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense, shall be performed nonstructural alterations of a decorative nature that do not exceed more than Two Dollars ($2.00) per rentable square foot of the Leased Premises in good and workmanlike manner using new materials of good quality and shall comply with all Requirements. Tenant shall not commence the making of any such Alterations until (a) all required governmental approvals and permits shall have been obtained, (b) all requirements regarding insurance imposed by this Lease have been satisfied, (c) Tenant shall have given Landlord at least five (5) Business Days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (d) any and all conditions to Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. Tenant shall not make any Alterations to the Outside Areas. As used in this Article, Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the likeaggregate. As a part of and at the time granting condition to performing such alterations, whether or not requiring Landlord’s approval for Tenant to make Alterationsconsent, Landlord may require that Tenant remove to provide Landlord with all plans and specifications for the proposed alterations and with all agreements with proposed contractors and subcontractors. Upon completion of any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At alterations requiring Landlord’s requestconsent hereunder, Tenant shall pay to Landlord an amount equal to the lesser of (i) five percent (5%) of the total cost of such alterations, or (ii) Landlord’s reasonable out construction manager’s fee in reviewing and inspecting such alterations (such construction manager’s rate is $100.00 per hour), to reimburse Landlord for review of pocket costs to inspect all plans and specifications and final inspection of the construction of work. All such alterations, additions, and improvements shall be at Tenant’s Alterations sole expense and shall be performed by qualified contractors and subcontractors (Tenant shall submit the names of such contractors and subcontractors to have LandlordLandlord prior to performing any alterations or additions). Tenant shall indemnify Landlord against the imposition of mechanics’ or materialmen’s architect revise Landlord’s drawings to show the liens resulting from work performed by Tenant’s contractors. All improvements, additions, and alterations to the Leased Premises (except trade fixtures) shall become the property of Landlord and shall be surrendered up to Landlord upon the expiration of this Lease unless otherwise agreed by Landlord and Tenant. Landlord acknowledges that all conveyors, trade fixtures and warehousing equipment and racking are the property of Tenant. Prior to Tenant performing any alterations to the Leased Premises in excess of $20,000.00 for which a lien could be filed against the Leased Premises or the Property, Tenant shall have its contractor execute and file in the appropriate public office a Waiver of Mechanics’ Lien, in statutory form and provide Landlord with an original copy thereof.

Appears in 1 contract

Samples: Agreement of Sale (Lenox Group Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct any improvements to be made any Alterations or within the Leased Premises without Landlord’s 's prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlordapproval, and then not until Landlord shall be made have first approved, in accordance with complete and detailed architecturalwriting, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefore, which approval shall not be unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationswithheld. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense, using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant in Article 9. In no event shall tenant make any Alterations modifications, alterations or improvements to the Outside AreasCommon Areas or any areas outside of the Leased Premises. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: Adeza Biomedical Corp

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct any improvements to be made any Alterations or within the Leased Premises without Landlord’s prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlordapproval, and then not until Landlord shall be made have first approved, in accordance with complete and detailed architecturalwriting, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefore, which approval shall not be unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationswithheld. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense, using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior to written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord to cover any perils relating the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modifications, alterations or improvements to the Outside AreasCommon Areas or any areas outside the Leased Premises. As used in this the Article, Alterations the term “modifications”, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: Industrial Space Lease (Viasystems Group Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building façade, structure, or systems, or are specialized in nature or inconsistent with general office/research and development uses, and otherwise such approval may be withheld in Landlord’s reasonable discretion. All Alterations shall be performed only by contractorssuch modifications, engineers alterations or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterationsimprovements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, which approval shall not be unreasonably withheld or delayed, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new (or reclaimed or recycled) materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) any and all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasCommon Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: By and Between (Palo Alto Networks Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct an improvements to be made any Alterations or within the Leased Premises without Landlord’s Landlord s prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlordapproval, and then not until Landlord shall be made have first approved, in accordance with complete and detailed architecturalwriting, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefore, which approval shall not be unreasonably withhold withheld or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsdelayed. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense, using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirements(see attached). Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modifications, alterations or improvements to the Outside AreasCommon Areas or any ,areas outside of the Leased Premises. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: Acceptance Agreement (Asyst Technologies Inc /Ca/)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractorswriting, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefor, which approval shall not be unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationswithheld. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days' prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modifications, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior Notwithstanding anything to the expiration contrary in Section 4.2 or earlier termination Section 6.1 of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.Lease Form:

Appears in 1 contract

Samples: Avant Corp

By Tenant. Except for Minor Alterationsnon-structural alterations not exceeding the sum of Twenty Five Thousand Dollars ($25,000.00) per work of alteration, Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct any improvements to be made any Alterations or within the Leased Premises without Landlord’s 's prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlordapproval, and then not until Landlord shall be made have first approved in accordance with complete and detailed architecturalwriting, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefore, which approval shall not be unreasonably withhold withheld or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsdelayed. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense, using a licensed contractor first reasonably approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefore. All work under taken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall not make have obtained contingency liability and broad form builder's risk insurance in an amount reasonably satisfactory to Landlord to cover any Alterations perils relating to the Outside Areasproposed work not covered by insurance carried by Tenant pursuant to Paragraph 11 hereof. As used in this ArticleParagraph, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting lighting, fixtures, drains, sinks, partitions, partition doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Tessera Inc)

By Tenant. Except for Minor Alterations, This provision refers to alterations made to the Leased Premises after Tenant’s initial occupancy of the Leased Premises. Tenant shall not make any alterations to or permit to modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be made any Alterations without unreasonably withheld or delayed. Landlord’s prior approval shall be deemed given if not denied by Landlord in a written consentnotice to Tenant delivered within fifteen (15) days following receipt of Tenant’s written request. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, which as modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Section 2.6 above, Landlord shall be deemed to any Major Alterations may be given have made the election at the time the alterations, modifications or withheld in Landlord’s sole discretionimprovements were completed). All Alterations shall be performed only by contractorsmodifications, engineers alterations or architects reasonably improvements, once approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterations, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five fifteen (515) Business Days days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any and all conditions perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises (except to the extent Tenant has obtained Landlord’s approval of such work have been satisfied pursuant to Landlord’s reasonable satisfaction. Tenant shall not make any Alterations to the Outside AreasSection 4.2). As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at Notwithstanding the time granting foregoing, Tenant, without Landlord’s approval for Tenant prior written consent, shall be permitted to make Alterations, Landlord may require that Tenant remove any such Alterations prior non-structural alterations to the expiration or earlier termination Building, provided that: (a) such alterations do not exceed $7,500 individually, (b) Tenant shall timely provide Landlord the notice required, (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the Term alteration and repair any damage caused by such removal deliver to Landlord a set of the plans and specifications therefor, either “as built” or restore the Premises at Tenant’s cost. At marked to show construction changes made, and (d) Tenant shall, upon Landlord’s request, Tenant shall pay Landlord’s reasonable out remove the alteration at the termination of pocket costs the Lease and restore the Leased Premises to inspect the construction of Tenant’s Alterations and their condition prior to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.such alteration. 6.2

Appears in 1 contract

Samples: Scientific Learning Corp

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct any improvements to be made any Alterations or within the Leased Premises without Landlord’s prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlordapproval, and then not until Landlord shall be made have first approved, in accordance with complete and detailed architecturalwriting, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefore, which approval shall not be unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationswithheld. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense, using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsthat match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord Landlord Initial Tenant Initial at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modifications, alterations or improvements to the Outside AreasCommon Areas or any areas outside of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, alterations or modifications Landlord may require that Tenant remove any such Alterations prior to increase the expiration amount of it’s Security Deposit to cover the cost of removing Tenant’s alterations or earlier termination modifications and to restore the condition of the Term and repair any damage caused by such removal or restore the Premises at Tenantto it’s costprior condition. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations alterations or modifications and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: Virage Logic Corp

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractorswriting, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefor, which approval shall not be unreasonably withhold withheld or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsdelayed. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first reasonably approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least lease five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises without Landlord's written approval, which approval shall not be unreasonably withheld or delayed. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As Notwithstanding the foregoing, Tenant, without Landlord's prior written consent, shall be permitted to make non-structural alterations to the Building, provided that: (a) such alterations do not exceed $25,000 individually or $50,000 in the aggregate in any twelve month period, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration and deliver to Landlord a part set of the plans and specifications therefor, either "as built" or marked to show construction changes made, and (d) Tenant shall, upon Landlord's request, remove the alteration at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term Lease and repair any damage caused by such removal or restore the Leased Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and their condition prior to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantsuch alteration.

Appears in 1 contract

Samples: Lease (Adept Technology Inc)

By Tenant. Except Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s reasonable discretion. Tenant acknowledges and agrees that Tenant will be obligated to remove Non-Standard Improvements as defined in and if required pursuant to Paragraph 2.6 above; provided, however, for Minor Alterationsthe avoidance of doubt, Tenant shall not make or permit be required to remove any of the Tenant Improvements to be made any Alterations without Landlord’s prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only governed by contractors, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval the terms of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsthe Work Letter. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord in its reasonable discretion, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) any and all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any and all conditions perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. Except as approved by Landlord as part of the Tenant Improvements to be constructed by Tenant in accordance with the terms of the Work Letter, Tenant shall not, without first obtaining Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. Tenant prior written consent (which consent shall not be unreasonably withheld, delayed or conditioned), make any Alterations modification, alterations or improvements whatsoever to the Outside AreasCommon Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at Notwithstanding the time granting foregoing, Tenant, without Landlord’s approval for Tenant prior written consent, shall be permitted to make Alterationsnon-structural alterations to the Leased Premises which do not affect any portion of the Building systems servicing both the Leased Premises and other portions of the Property and are not visible from outside the Leased Premises, provided that: (a) such alterations do not exceed $200,000 individually or $2,000,000 in the aggregate over the Lease Term, (b) Tenant shall timely provide 99090796v.12 Landlord may require that the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for such alterations, and shall provide copies of such approvals and permits to Landlord prior to commencing any work with respect to such alterations, (d) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (e) Tenant shall not remove any of such Alterations prior to the alterations upon Lease expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenanttermination.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Guardant Health, Inc.)

By Tenant. Except for Minor AlterationsThis Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make or permit to be made any Alterations without Landlord’s prior written consentNon-Standard Improvements until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole discretion as to modifications, alterations and/or improvements which affect the Building façade or structure, or materially adversely affect the Building’s systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion. All Alterations Landlord’s written approval shall, if applicable, also contain Landlord’s election to require Tenant to remove the subject Non-Standard Improvements at the expiration or earlier termination of this Lease, in which event Tenant shall be performed only by contractorsobligated to do so, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant subject to Section 6.6 with respect to Minor AlterationsParagraph 2.6 above. All such Alterationsmodifications, once so approved, alterations or improvements shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord which approval shall not be unreasonably withheld or delayed, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new (or reclaimed or recycled) materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) any and all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice Building F and Amenities Building of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside Common Areas (except the Exclusive Use Areas). As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at Notwithstanding the time granting foregoing, Tenant, without Landlord’s approval for Tenant prior written consent, shall be permitted to make Alterationsalterations to the Leased Premises which are not Non-Standard Improvements provided that: (a) Tenant shall timely provide Landlord the notices required pursuant to Paragraph 4.9 above, (b) Tenant shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for such alterations, and shall provide copies of such approvals and permits to Landlord may require that Tenant remove prior to commencing any work with respect to such alterations, (c) the cost of any such Alterations prior to the expiration or earlier termination project does not exceed Two Hundred Thousand Dollars ($200,000) and not more than three (3) such projects are performed in any twelve (12) month period, and (d) Tenant shall notify Landlord in writing within thirty (30) days of completion of the Term alteration and repair deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made. In addition, Tenant may perform any damage caused by such removal or restore cabling and cosmetic alterations not visible outside the Leased Premises at Tenant’s cost. At without Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantprior approval.

Appears in 1 contract

Samples: Non Disturbance Agreement (Palo Alto Networks Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole 's reasonable discretion. All Alterations Landlord's approval shall be performed only deemed given if not denied by contractorsLandlord in a written notice to Tenant delivered within five (5) business days following receipt of Tenant's written request. Tenant's written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, engineers modifications or architects reasonably approved by Landlordimprovements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Section 2.6 above, Landlord shall be deemed to have made in accordance with complete and detailed architecturalthe election at the time the alterations, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold modifications or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsimprovements were completed). All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor reasonably approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As Notwithstanding the foregoing, Tenant, without Landlord's prior written consent, shall be permitted to make non-structural alterations to the Building, provided that: (a) such alterations do not exceed $20,000 individually, (b) Tenant shall timely provide Landlord the notice no less than ten (10) days prior to commencing such alterations , (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration and deliver to Landlord a part set of the plans and specifications therefor, either "as built" or marked to show construction changes made, and (d) Tenant shall, upon Landlord's request, remove the alteration at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term Lease and repair any damage caused by such removal or restore the Leased Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and their condition prior to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantsuch alteration.

Appears in 1 contract

Samples: Lease (Ultratech Stepper Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as to any Major Alterations approval may be given or withheld in Landlord’s sole discretion. All Alterations Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be performed only by contractorsdeemed to have made the election at the time the alterations, engineers modifications or architects reasonably approved by improvements were completed). Landlord, and shall be made in accordance with complete and detailed architecturalhowever, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall may not unreasonably withhold require Tenant to remove or delay its approval pay the cost to remove the Tenant Improvements installed as part of any such contractors, engineers, architects, plans or specifications, except as limited the Improvement Work pursuant to Section 6.6 with respect to Minor Alterations. Exhibit B. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasCommon Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: Lease (Silicon Image Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make no structural alterations, additions, or permit improvements to be made the Leased Premises, or any Alterations non-structural alterations, additions or improvements which adversely affect or interfere with the operating or mechanical systems of the building, without obtaining Landlord’s prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not be unreasonably withhold withheld, conditioned or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterations, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense, shall be performed in good and workmanlike manner using new materials of good quality and shall comply with all Requirements. Tenant shall not commence the making of any such Alterations until (a) all required governmental approvals and permits shall have been obtained, (b) all requirements regarding insurance imposed by this Lease have been satisfied, (c) Tenant shall have given Landlord at least five (5) Business Days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (d) any and all conditions to Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. Tenant shall not make any Alterations to the Outside Areas. As used in this Article, Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the likedelayed. As a part condition of and at the time granting Landlord’s approval for Tenant to make Alterationsits consent, Landlord may require that Tenant remove any to provide Landlord with all plans and specifications for the proposed alterations and with all agreements with proposed contractors and subcontractors (all of which shall be subject to Landlord’s prior written consent, which shall not be unreasonably withheld). All such Alterations prior to the expiration or earlier termination of the Term alterations, additions, and repair any damage caused by such removal or restore the Premises improvements shall be at Tenant’s costsole expense and shall be performed by qualified contractors and subcontractors. At Landlord’s request, Tenant shall pay Landlord’s indemnify Landlord against all claims, demands, costs and expenses (including reasonable out attorneys fees), damages and liabilities arising from or relating to the construction, installation, use or operation of pocket costs to inspect the construction any such alterations, additions or improvements made by or on behalf of Tenant, and against the imposition of mechanics’ or materialmen’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the liens resulting from work performed by Tenant’s contractors. All improvements, additions, and alterations to the Leased Premises (except trade fixtures) shall become the property of Landlord and shall be surrendered up to Landlord upon the expiration of this Lease unless otherwise agreed by Landlord and Tenant. Landlord acknowledges that all conveyors, trade fixtures and warehousing equipment and racking are the property of Tenant. Prior to Tenant performing any alterations to the Leased Premises for which a lien could be filed against the Leased Premises or the Property, Tenant shall have its contractor execute and file in the appropriate public office a Waiver of Mechanics’ Lien, in statutory form and provide Landlord with an original copy thereof. Tenant agrees that its alteration or improvement work in the Leased Premises shall not be done in a manner which would create any work stoppage, picketing, labor disruption or dispute or any interference with the business of Landlord or any tenant or occupant of the Property.

Appears in 1 contract

Samples: Agreement of Sale (Lenox Group Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct any improvements to be made any Alterations or within the Leased Premises without Landlord’s prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlordapproval, and then not until Landlord shall be made have first approved, in accordance with complete and detailed architecturalwriting, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefore, which approval shall not be unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationswithheld. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense, using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsthat match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modifications, alterations or improvements to the Outside AreasCommon Areas or any areas outside of the Leased Premises. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, alterations or modifications Landlord may require that Tenant remove any such Alterations prior to increase the expiration amount of it’s Security Deposit to cover the cost of removing Tenant’s alterations or earlier termination modifications and to restore the condition of the Term and repair any damage caused by such removal or restore the Premises at Tenantto it’s costprior condition. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations alterations or modifications and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: Acceptance Agreement (ArcSoft, Inc.)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractorswriting, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering the plans and specifications approved in writing by Landlordtherefore, which approval shall not be unreasonably withheld. At the time Landlord consents to a proposed alteration, Landlord shall also state whether or not unreasonably withhold it will require Tenant to remove the subject alterations, modifications or delay its approval improvements at the expiration or earlier termination of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsthe Lease. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, such approval shall not be unreasonably withheld, in substantial compliance with the Landlord approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all laws and a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad from builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or the structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises without Landlord’s specific prior written consent thereto. As used in this Article, Alterations the term “modifications, alterations and/or improvements” shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at Notwithstanding the time granting foregoing, Tenant may construct non-structural alterations in the Leased Premises without Landlord’s approval for Tenant to make Alterationsprior approval, Landlord may require that Tenant remove if the cost of any such Alterations prior to project does not exceed Ten Thousand Dollars ($10,000) in the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantaggregate.

Appears in 1 contract

Samples: Lease (Vivus Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld or delayed. Landlord's approval shall be deemed given if not denied by Landlord in a written notice to Tenant delivered within fifteen (15) days following receipt of Tenant's written request. Tenant's written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Section 2.6 above, Landlord shall be deemed to have made any Alterations without Landlord’s the election at the time the alterations, modifications or improvements were completed). Notwithstanding the foregoing, Tenant shall have the right, at its sole cost and expense, subject to the prior written consent, approval of Landlord (which as approval shall not be unreasonably withheld or delayed) to any Major Alterations may construct a covered open walkway between the Building and the 1194 Building and Tenant shall not be given or withheld in Landlord’s sole discretionrequired to remove such walkway upon the termination of this Lease. All Alterations shall be performed only by contractorsmodifications, engineers alterations or architects reasonably improvements, once approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterations, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to ARTICLE 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises (except to the extent Tenant has obtained Landlord's approval pursuant to Section 4.2). As used in this ArticleARTICLE, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.lighting

Appears in 1 contract

Samples: Lease (Juniper Networks Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractorswriting, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefor, which approval shall not be unreasonably withheld. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or delay its approval improvement if, in Landlord's reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any such contractorsof the Building's systems, engineers, architects, plans the appearance of the Building or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsthe value or utility of the Building or the Property. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner matter using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least lease five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file the notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in pal amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As Notwithstanding the foregoing, Tenant, without Landlord's prior written consent (but subject it the other terms and conditions of this Article 6), shall be permitted to make alterations to the Premises which do not affect the structure of the Building or the Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration and deliver to Landlord a part set of the plans and specifications therefor, either "as built" or marked to show construction changes made, and (d) Tenant shall, upon Landlord's request, remove the alteration at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term Lease and repair any damage caused by such removal or restore the Leased Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and their condition prior to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantsuch alteration.

Appears in 1 contract

Samples: Lease by And (Polycom Inc)

By Tenant. Except for Minor AlterationsThis provision refers to alterations made to the Leased Premises after Tenant's initial occupancy of the Leased Premises, and does not pertain to the construction of the Improvements, which is governed by the attached Work Letter. Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which as approval shall not be unreasonably withheld or delayed. Landlord's approval shall be deemed given if not denied by Landlord in a written notice to any Major Alterations Tenant delivered within fifteen (15) days following receipt of Tenant's written request. Tenant's written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Section 2.6 above, Landlord shall be given deemed to have made the election at the time the alterations, modifications or withheld in Landlord’s sole discretionimprovements were completed). All Alterations shall be performed only by contractorsmodifications, engineers alterations or architects reasonably improvements, once approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterations. All such Alterations, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five fifteen (515) Business Days days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modification, alterations or improvements whatsoever to the Outside AreasAreas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises (except to the extent Tenant has obtained Landlord's approval pursuant to Section 4.2). As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at Notwithstanding the time granting foregoing, Tenant, without Landlord’s approval for Tenant 's prior written consent, shall be permitted to make Alterations, Landlord may require that Tenant remove any such Alterations prior non-structural alterations to the expiration or earlier termination Building, provided that: (a) such alterations do not exceed $7,500 individually, (b) Tenant shall timely provide Landlord the notice required, (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the Term alteration and repair any damage caused by such removal or restore deliver to Landlord a set of the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.plans and

Appears in 1 contract

Samples: Lease (Scientific Learning Corp)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit to be made modifications of the Leased Premises or construct any Alterations without Landlord’s prior written consentimprovements within the Leased Premises until Landlord shall have first approved, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractorswriting, engineers or architects reasonably approved by Landlord, and shall be made in accordance with complete and detailed architectural, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord shall therefor, which approval may not be unreasonably withhold withheld, delayed or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsconditioned. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expenseexpense (including all permit fees and governmental charges related thereto), using a licensed contractor in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirementsquality. Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, satisfied and (ciii) Tenant shall have given Landlord at least lease five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (d) any and all conditions to Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. In no event shall Tenant shall not make any Alterations modification, alterations or improvements whatsoever to the Outside Areas. As used in this Article, Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, Areas or the likeexterior or structural components of the Building. As a part of and at Notwithstanding the time granting foregoing, Tenant, without Landlord’s approval for Tenant prior written consent, shall be permitted to make Alterationsnon- structural alterations to the Building, provided that: (a) such alterations do not exceed $10,000 individually or $100,000 in the aggregate, (b) Tenant shall timely provide Landlord with notice of the proposed improvements including such details as Landlord may require that reasonably request regarding the proposed improvements and their estimated cost and (c) Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At shall, upon Landlord’s request, remove the alteration at the termination of the Lease and restore the Leased Premises to their condition existing prior to such alteration. Tenant shall pay agrees to provide landlord with copies of plans for all material improvements or alterations to the Leased Premises, regardless of whether or not Landlord’s reasonable out of pocket costs consent to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenantsuch improvements or alterations is required hereunder.

Appears in 1 contract

Samples: Lease (Cardium Therapeutics, Inc.)

By Tenant. Except for Minor Alterations, Tenant shall not make any alterations to or permit modifications of the Leased Premises or construct an improvements to be made any Alterations or within the Leased Premises without Landlord’s Landlord s prior written consent, which as to any Major Alterations may be given or withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or architects reasonably approved by Landlordapproval, and then not until Landlord shall be made have first approved, in accordance with complete and detailed architecturalwriting, mechanical and engineering the plans and specifications approved in writing by Landlord. Landlord therefore, which approval shall not be unreasonably withhold withheld or delay its approval of any such contractors, engineers, architects, plans or specifications, except as limited pursuant to Section 6.6 with respect to Minor Alterationsdelayed. All such Alterationsmodifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense, using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be performed done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality and shall comply with all Requirements(see attached). Tenant shall not commence the making of any such Alterations modifications or alterations or the construction of any such improvements until (ai) all required governmental approvals and permits shall have been obtained, (bii) all requirements regarding insurance imposed by this Lease have been satisfied, (ciii) Tenant shall have given Landlord at least five (5) Business Days business days prior written notice of its intention to commence such work so that Landlord may post and file the notices of non-responsibility, and (div) any and all conditions to if requested by Landlord’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. , Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any Alterations modifications, alterations or improvements to the Outside AreasCommon Areas or any ,areas outside of the Leased Premises. As used in this Article, Alterations the term "modifications, alterations and/or improvements" shall include include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of and at the time granting Landlord’s approval for Tenant to make Alterations, Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to inspect the construction of Tenant’s Alterations and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 1 contract

Samples: Acceptance Agreement (Asyst Technologies Inc /Ca/)

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