Common use of By Tenant Clause in Contracts

By Tenant. 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 unreasonably withhold, condition, or delay. If Tenant makes written request for any Alterations requiring Landlord's prior written consent, such request must be accompanied by a description of the proposed Alterations. If Landlord fails to deny consent to the proposed Alterations in writing accompanied by reasons for such denial within thirty (30) days of Tenant's request, then Landlord shall be deemed to have granted consent to the Alterations described. After obtaining Landlord's consent for any Alterations (either expressly or by inference), Tenant shall give Landlord at least five (5) days' prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility 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 (100%) of any increase in the Real Estate Taxes or Landlord’s 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 Landlord. Upon obtaining the prior written consent of Landlord, Tenant shall remove such alterations, decorations, additions and improvements made by Tenant and restore the Premises 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.

Appears in 1 contract

Samples: Lease Agreement (Adma Biologics, Inc.)

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By Tenant. Tenant may, from time shall not make any alterations to time, at its expense, make alterations or modifications of the Leased Premises or construct any improvements in and to or within the Leased Premises (hereinafter collectively referred to as "Alterations") without acquiring the Landlord’s prior written consent of approval, and then not until Landlord shall have first approved, in each instancewriting, provided that: (a) the Alterations are non-structural plans and the structural integrity of the building in specifications therefore, which the Premises is located approval shall not be affected; (b) unreasonably withheld. All such modifications, 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 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 Landlord-approved plans and No/100 Dollars ($10,000.00) (the "Permitted Alterations")specifications therefore. For any other Alterations, All work undertaken by Tenant shall be required to obtain done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality that match or complement the prior written consent original improvements existing as of Landlord, which consent Landlord the Lease Commencement Date. Tenant shall not unreasonably withholdcommence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, condition(ii) all requirements regarding insurance imposed by this Lease have been satisfied, or delay. If Tenant makes written request for any Alterations requiring Landlord's prior written consent, such request must be accompanied by a description of the proposed Alterations. If Landlord fails to deny consent to the proposed Alterations in writing accompanied by reasons for such denial within thirty (30iii) days of Tenant's request, then Landlord shall be deemed to have granted consent to the Alterations described. After obtaining Landlord's consent for any Alterations (either expressly or by inference), Tenant shall give have given Landlord at least five (5) days' business days prior written notice of the commencement of any Alterations at the Premises, and its intention to commence such work so that Landlord may elect to record post and post file notices of non-responsibility at the Premises. This provision shall apply to improvements made responsibility, (iv) if requested 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 (100%) of any increase in the Real Estate Taxes or Landlord’s 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 Landlord. Upon obtaining the prior written consent of Landlord, Tenant shall remove such alterations, decorations, additions have obtained contingent liability and improvements made 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 (v) if requested by Landlord Tenant shall provide a cash deposit or payment and performance bond for such work which deposit or bond shall be in such amount as to cover the cost of removing the work and restoring the Property to its original condition. In no event shall Tenant make any modifications, alterations or improvements to the Common Areas or any areas outside of the Leased Premises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. As a part of granting Landlord’s approval for Tenant to make alterations or modifications Landlord may require Tenant to increase the amount of it’s Security Deposit to cover the cost of removing Tenant’s alterations or modifications and to restore the condition of the Premises as provided in Section 8.5, to it’s prior condition. Tenant shall pay Landlord’s reasonable costs to inspect the construction of Tenant’s alterations or modifications and if Tenant fails to do so and moves from have Landlord’s architect revise Landlord’s drawings to show the Premises, all such alterations, decorations, and additions and improvements shall remain the property of Landlordwork performed by Tenant.

Appears in 1 contract

Samples: Industrial Space Lease (Lexar Media Inc)

By Tenant. Tenant may, from time shall not make any alterations to time, at its expense, make alterations or modifications of the Leased Premises or construct any improvements in and to or within the Leased Premises (hereinafter collectively referred to as "Alterations") without acquiring the Landlord’s prior written consent of approval, which approval shall not be unreasonably withheld, and then not until Landlord shall have first approved, in each instancewriting, provided that: the plans and specifications therefore, which approval shall not be unreasonably withheld, conditioned or delayed (a) the Alterations are “Alterations”). Notwithstanding the foregoing, Landlord approval shall not be required with respect to 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 Leased Premises, which non-structural Alterations do not exceed, in the Premises; (c) the proper functioning of the electricalaggregate, mechanical, plumbing, HVAC or other systems servicing the Premises is not impaired; or (d) the cost in each case does not exceed Ten Fifty Thousand and No/100 Dollars ($10,000.00) (the "Permitted Alterations"50,000). For any other Alterations, All work undertaken by Tenant shall be required to obtain done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality that match or complement the prior written consent original improvements existing as of Landlord, which consent Landlord the Lease Commencement Date. Tenant shall not unreasonably withholdcommence the making of any such Alterations or the construction of any such Alterations until (i) all required governmental approvals and permits shall have been obtained, condition(ii) all requirements regarding insurance imposed by this Lease have been satisfied, or delay. If Tenant makes written request for any Alterations requiring Landlord's prior written consent, such request must be accompanied by a description of the proposed Alterations. If Landlord fails to deny consent to the proposed Alterations in writing accompanied by reasons for such denial within thirty (30iii) days of Tenant's request, then Landlord shall be deemed to have granted consent to the Alterations described. After obtaining Landlord's consent for any Alterations (either expressly or by inference), Tenant shall give have given Landlord at least five (5) days' business days prior written notice of the commencement of any Alterations at the Premises, and its intention to commence such work so that Landlord may elect to record post and post file notices of non-responsibility at the Premises. This provision shall apply to improvements made responsibility, and (iv) if requested 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 (100%) of any increase in the Real Estate Taxes or Landlord’s 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 Landlord. Upon obtaining the prior written consent of Landlord, Tenant shall remove such alterations, decorations, additions and improvements made 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 and restore pursuant to Article 9. In no event shall Tenant make any modifications, alterations or improvements to any areas outside of the Premises as provided Leased Premises. As used in Section 8.5this Article, and if Tenant fails to do so and moves from the Premisesterm “modifications, all such alterationsalterations and/or improvements” shall include, decorationswithout limitation, and additions and improvements shall remain the property installation of Landlordadditional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like.

Appears in 1 contract

Samples: Industrial Space Lease (Asyst Technologies Inc)

By Tenant. Tenant may, from time shall not make any alterations 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 modifications of the building Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefore, which the Premises is located approval shall not be affected; unreasonably withheld. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's expense (b) including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with 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 Landlord approved plans and No/100 Dollars ($10,000.00) (the "Permitted Alterations")specifications therefore. For any other Alterations, All work undertaken by Tenant shall be required to obtain the prior written consent done in accordance with all Laws and in a good and workmanlike manner using new materials of Landlord, which consent Landlord good quality. Tenant shall not unreasonably withholdcommence the ranking of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, condition(ii) all requirements regarding insurance imposed by this Lease have been satisfied, or delay. If Tenant makes written request for any Alterations requiring Landlord's prior written consent, such request must be accompanied by a description of the proposed Alterations. If Landlord fails to deny consent to the proposed Alterations in writing accompanied by reasons for such denial within thirty (30iii) days of Tenant's request, then Landlord shall be deemed to have granted consent to the Alterations described. After obtaining Landlord's consent for any Alterations (either expressly or by inference), Tenant shall give have given Landlord at least five (5) days' business days prior written notice of the commencement of any Alterations at the Premises, and its intention to commence such work so that Landlord may elect to record post and post file notices of non-responsibility at the Premises. This provision shall apply to improvements made responsibility, and (iv) if requested 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 (100%) of any increase in the Real Estate Taxes or Landlord’s 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 Landlord. Upon obtaining the prior written consent of Landlord, Tenant shall remove such alterations, decorations, additions have obtained contingent liability and improvements made 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 and restore pursuant to Article 9. In no event shall Tenant make any modifications, 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 as provided without Landord's consent. As used in Section 8.5this Article, and if Tenant fails to do so and moves from the Premisesterm "modifications, all such alterationsalterations and/or improvements" shall include, decorationswithout limitation, and additions and improvements shall remain the property installation of Landlordadditional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like.

Appears in 1 contract

Samples: Industrial Space Lease (Gatefield Corp)

By Tenant. Tenant mayshall 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, from time in writing, the plans and specifications therefor, which approval may not be unreasonably withheld, delayed or conditioned. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant'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 done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied and (iii) Tenant shall have given Landlord at lease five business days prior written notice of its intention to timecommence such work so that Landlord may post and file notices of non-responsibility. In no event shall Tenant make any modification, at its expense, make alterations or improvements in and whatsoever to the Premises (hereinafter collectively referred to as "Alterations") Outside Areas or the exterior or structural components of the Building. Notwithstanding the foregoing, Tenant, without acquiring the Landlord's prior written consent of Landlord in each instanceconsent, 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 Alterations are non-structural and the structural integrity of the building in which the Premises is located shall not be affected; aggregate, (b) the Alterations are to the interior Tenant shall timely provide Landlord with notice of the Premises; proposed improvements including such details as Landlord may reasonably request regarding the proposed improvements and their estimated cost and (c) the proper functioning of the electricalTenant shall, 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 upon Landlord, which consent Landlord shall not unreasonably withhold, condition, or delay. If Tenant makes written request for any Alterations requiring Landlord's prior written consent, such request must be accompanied by a description of the proposed Alterations. If Landlord fails to deny consent to the proposed Alterations in writing accompanied by reasons for such denial within thirty (30) days of Tenant's request, then Landlord shall be deemed remove the alteration at the termination of the Lease and restore the Leased Premises to have granted consent their condition existing prior to such alteration. Tenant agrees to provide landlord with copies of plans for all material improvements or alterations to the Alterations described. After obtaining Leased Premises, regardless of whether or not Landlord's consent for any Alterations (either expressly to such improvements or by inference), Tenant shall give Landlord at least five (5) days' prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility 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 (100%) of any increase in the Real Estate Taxes or Landlord’s 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 Landlord. Upon obtaining the prior written consent of Landlord, Tenant shall remove such alterations, decorations, additions and improvements made by Tenant and restore the Premises 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 Landlordalterations is required hereunder.

Appears in 1 contract

Samples: Lease Agreement (Copper Mountain Networks Inc)

By Tenant. Tenant may, from time to time, at its expense, make alterations or improvements in and This Paragraph 6.1 does not relate to the Premises (hereinafter collectively referred Tenant Improvements installed in accordance with and pursuant to as "Alterations") without acquiring the prior written consent of Landlord in each instanceWork Letter, provided that: (a) but to alterations, modifications, and improvements made after the Alterations date the Tenant Improvements are non-structural and the structural integrity substantially completed. Tenant shall not make any alterations to or modifications of the building Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in which writing, 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 plans 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 Landlordspecifications therefor, which consent Landlord shall not unreasonably withholdapproval may be withheld in Landlord’s sole discretion as to alterations, conditionmodifications, and improvements which affect the Building structure or delay. If Tenant makes written request for any Alterations requiring materially affect Building systems, and otherwise such approval may be withheld in Landlord's ’s reasonable discretion; provided, however, that Tenant, without Landlord’s prior written consent, such 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 (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 must be accompanied by shall also contain a description request for Landlord to 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 the proposed Alterationsthis Lease. If such additional request is not included, Landlord fails to deny consent to may make such election at the proposed Alterations in writing accompanied by reasons expiration or earlier termination of this Lease (and for such denial within thirty (30) days purposes of Tenant's request’s removal obligations set forth in Paragraph 2.6 above, then Landlord shall be deemed to have granted consent made the election at the time the alterations, modifications or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Alterations describedWork Letter, 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 make the foregoing written request. After obtaining Landlord's consent for any Alterations All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (either expressly or by inferenceincluding 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 give be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days' business days prior written notice of the commencement of any Alterations at the Premises, and its intention to commence such work so that Landlord may elect to record post and post file notices of non-responsibility at the Premises. This provision shall apply to improvements made responsibility, and (iv) if requested 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 (100%) of any increase in the Real Estate Taxes or Landlord’s 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 Landlord. Upon obtaining the prior written consent of Landlord, Tenant shall remove such alterations, decorations, additions have obtained contingent liability and improvements made 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 and restore pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Premises as provided Common Areas or the exterior or structural components of Building 3 including, without limitation, any cuts or penetrations in Section 8.5the floor, and if Tenant fails to do so and moves from roof, or exterior or load-bearing walls of the Leased Premises. As used in this Article, all such alterationsthe term “modifications, decorationsalterations and/or improvements” shall include, and additions and improvements shall remain without limitation, the property installation of Landlordadditional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like.

Appears in 1 contract

Samples: Sublease Agreement (Kodiak Sciences Inc.)

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By Tenant. Tenant mayshall 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, from time in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion. Tenant’s written request shall also contain a request for Landlord to timeelect whether or not it will require Tenant to remove the subject alterations, at its expense, make alterations modifications or improvements in and to at the Premises (hereinafter collectively referred to as "Alterations") without acquiring the prior written consent expiration or earlier termination 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 this Lease. If such additional request is not impaired; included, Landlord may make such election at the expiration or earlier termination of this Lease (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 unreasonably withhold, condition, or delay. If Tenant makes written request for any Alterations requiring Landlord's prior written consent, such request must be accompanied by a description of the proposed Alterations. If Landlord fails to deny consent to the proposed Alterations in writing accompanied by reasons for such denial within thirty (30) days purposes of Tenant's request’s removal obligations set forth in Paragraph 2.6 above, then Landlord shall be deemed to have granted consent made the election at the time the alterations, modifications or improvements were completed). Notwithstanding the above, Tenant may make certain alterations and modifications to the Alterations described. After Leased Premises upon prior notice to Landlord, but without the requirement of obtaining Landlord's consent for ’s consent, if such alterations and 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 Alterations structural components of the Building or any Building systems and are not visible from outside the Leased Premises, and (either expressly c) such alterations and modifications are constructed in compliance with all applicable Laws and the other provisions of this Article 6. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by inferenceTenant at Tenant’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 give be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days' business days prior written notice of the commencement of any Alterations at the Premises, and its intention to commence such work so that Landlord may elect to record post and post file notices of non-responsibility at the Premises. This provision shall apply to improvements made responsibility, and (iv) if requested 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 (100%) of any increase in the Real Estate Taxes or Landlord’s 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 Landlord. Upon obtaining the prior written consent of Landlord, Tenant shall remove such alterations, decorations, additions have obtained contingent liability and improvements made 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 and restore pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Premises as provided Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in Section 8.5the floor, and if Tenant fails to do so and moves from roof or exterior walls of the Leased Premises. As used in this Article, all such alterationsthe term “modifications, decorationsalterations and/or improvements” shall include, and additions and improvements shall remain without limitation, the property installation of Landlordadditional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like.

Appears in 1 contract

Samples: Lease Agreement (Blue Coat Systems Inc)

By Tenant. Tenant may, from time shall not make any alterations to time, at its expense, make alterations or modifications of the Leased Premises or construct an improvements in and to or within the Leased Premises (hereinafter collectively referred to as "Alterations") without acquiring the Landlord s prior written consent of approval, and then not until Landlord shall have first approved, in each instancewriting, provided that: (a) the Alterations are non-structural plans and the structural integrity of the building in specifications therefore, which the Premises is located approval shall not be affected; (b) unreasonably withheld or delayed. All such modifications, 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 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 Landlord-approved plans and No/100 Dollars ($10,000.00) (the "Permitted Alterations")specifications therefore. For any other Alterations, All work undertaken by Tenant shall be required to obtain the prior written consent of Landlord, which consent Landlord done in accordance with all Laws and in a good and workmanlike manner using materials (see attached). Tenant shall not unreasonably withholdcommence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, condition(ii) all requirements regarding insurance imposed by this Lease have been satisfied, or delay. If Tenant makes written request for any Alterations requiring Landlord's prior written consent, such request must be accompanied by a description of the proposed Alterations. If Landlord fails to deny consent to the proposed Alterations in writing accompanied by reasons for such denial within thirty (30iii) days of Tenant's request, then Landlord shall be deemed to have granted consent to the Alterations described. After obtaining Landlord's consent for any Alterations (either expressly or by inference), Tenant shall give have given Landlord at least five (5) days' business days prior written notice of the commencement of any Alterations at the Premises, and its intention to commence such work so that Landlord may elect to record post and post the notices of non-responsibility at the Premises. This provision shall apply to improvements made responsibility, and (iv) if requested 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 (100%) of any increase in the Real Estate Taxes or Landlord’s 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 Landlord. Upon obtaining the prior written consent of Landlord, Tenant shall remove such alterations, decorations, additions have obtained contingent liability and improvements made 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 and restore pursuant to Article 9. In no event shall Tenant make any modifications, alterations or improvements to the Premises as provided Common Areas or any ,areas outside of the Leased Premises. As used in Section 8.5this Article, and if Tenant fails to do so and moves from the Premisesterm "modifications, all such alterationsalterations and/or improvements" shall include, decorationswithout limitation, and additions and improvements shall remain the property installation of Landlordadditional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like.

Appears in 1 contract

Samples: Industrial Space Lease (Asyst Technologies Inc /Ca/)

By Tenant. This Paragraph 6.1 does not relate to the Tenant mayImprovements installed in accordance with and pursuant to the Work Letter, from time but to timealterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Building E Tenant shall not make any Non-Standard Improvements 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 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. Landlord’s written approval shall, if applicable, also contain Landlord’s election to require Tenant to remove the subject Non-Standard Improvements at its expensethe expiration or earlier termination of this Lease, make in which event Tenant shall be obligated to do so, subject to Paragraph 2.6 above. All modifications, alterations or improvements shall be made, constructed or installed by Tenant at Tenant’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 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. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) 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 (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 Premises 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 Common Areas (hereinafter collectively referred to as "Alterations") except the Exclusive Use Areas). As used in this Article, the term “modifications, alterations and/or improvements” shall include, without acquiring limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent of Landlord in each instanceconsent, shall be permitted to make alterations to the Leased Premises which are not Non-Standard Improvements provided that: (a) Tenant shall timely provide Landlord the Alterations are non-structural and the structural integrity of the building in which the Premises is located shall not be affected; notices required pursuant to Paragraph 4.9 above, (b) Tenant shall have secured the Alterations are 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 the interior of the Premises; Landlord prior to commencing any work with respect to such alterations, (c) the proper functioning cost of the electricalany such 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, mechanical, plumbing, HVAC or other systems servicing the Premises is not impaired; or and (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 notify Landlord shall not unreasonably withhold, condition, or delay. If Tenant makes written request for any Alterations requiring Landlord's prior written consent, such request must be accompanied by a description of the proposed Alterations. If Landlord fails to deny consent to the proposed Alterations in writing accompanied by reasons for such denial within thirty (30) days of Tenant's requestcompletion of the alteration and deliver to Landlord a set of the plans and specifications therefor, then Landlord shall be deemed either “as built” or marked to have granted consent to the Alterations describedshow construction changes made. After obtaining Landlord's consent for any Alterations (either expressly or by inference)In addition, Tenant shall give Landlord at least five (5) days' prior written notice of may perform any cabling and cosmetic alterations not visible outside the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility 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 Leased Premises shall be made by Tenant without the prior written approval of Landlord. Tenant also agrees to pay one hundred percent (100%) of any increase in the Real Estate Taxes or Landlord’s 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 Landlord. Upon obtaining the prior written consent of Landlord, Tenant shall remove such alterations, decorations, additions and improvements made by Tenant and restore the Premises 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 Landlordapproval.

Appears in 1 contract

Samples: Lease Agreement (Palo Alto Networks Inc)

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