By Tenant. 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. It is agreed that it shall be reasonable for Landlord to require Tenant to remove all or any portion of such alterations, modifications or improvements at the end of the Lease Term and to fully restore the Leased Premises, provided that Landlord notifies Tenant of such requirements at the time Landlord grants its approval of the alterations, modifications, or improvements. All such alterations, modifications 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 first approved by Landlord, 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, (iii) Tenant shall have given Landlord at least fifteen (15) 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 proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alternations 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 used in this Article, the term "modifications, alternations and/or improvements" shall include, without 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, 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 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 termination of the Lease and restore the Leased Premises to their condition prior to such alteration.
Appears in 1 contract
By Tenant. 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. It is agreed that it shall be reasonable for Landlord ’s sole discretion as to require Tenant to remove all or any portion of such alterations, modifications or improvements at the end of the Lease Term and to fully restore the Leased Premises, provided that Landlord notifies Tenant of such requirements at the time Landlord grants its approval of the alterations, modifications, and improvements which affect the Building façade, structure, or improvementssystems, 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 such alterationsmodifications, modifications alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's ’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 fifteen five (155) 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 ’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 modification, alternations alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof roof, or exterior or load-bearing walls of the Leased Premises. As used in this Article, the term "“modifications, alternations alterations and/or improvements" ” shall include, without 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, 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 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 termination of the Lease and restore the Leased Premises to their condition prior to such alteration.
Appears in 1 contract
By Tenant. Section 6.2 of the Existing Lease is modified as follows: Tenant, at Tenant’s sole and absolute cost and expense, shall maintain and repair, in a first class manner and to the standard of City's other similar facilities, the non-structural elements of the Station building roof and Station building exterior, including but not limited to maintenance and repair relating to paint, plaster, downspouts, wood bumpers, and shutters, except as set forth in Section 11(b) of this Amendment, and except that nothing herein shall require Tenant to repair any items damaged by the active negligence or willful misconduct of Landlord or its agents, employees, representatives, or contractors. Exterior doors and windows of the Premises Areas shall be maintained by the tenant (or authorized subtenant) in control of the applicable Premises Area(s). Recurring maintenance work shall be performed or caused to be performed by Tenant at a minimum on a quarterly basis such that maintenance is not deferred, except that dirt and soot removal maintenance shall be performed or caused to be performed by Tenant as needed and at least once per year. Tenant’s maintenance obligations set forth in this paragraph shall become operative and effective immediately upon complete execution of this Amendment. In addition to any other rights and remedies available to Landlord at law or in equity, Tenant’s failure to comply with the maintenance and repair obligations set forth in the Lease, which failure continues beyond applicable notice and cure periods, is and shall be deemed a public nuisance for failure to maintain property for use by the general public, and shall be subject to citations and fines in accordance with the City’s Municipal Code and implementing regulations as a public nuisance. In the event other tenants of the Station building or Landlord require modifications to the Station building roof or Station building exterior, Tenant shall be provided with plans prior to the submittal to the City for permits (when permits are required) for the commencement of work, and otherwise at least 10 days prior to the work to ensure that the modifications are not detrimental to the performance of Tenant’s responsibilities for Maintenance and Repair and are otherwise permitted by this Lease. Approval by Tenant shall not make any alterations to or modifications be unreasonably withheld. In such event, those portions of the Leased Premises Station building roof or construct any improvements within Station building exterior modified by Landlord or another tenant of the Leased Premises until Station building shall thereafter be maintained by Landlord shall have first approved, in writing, or such other tenant at such party's sole cost and expense. Failure by other tenants of the plans and specifications therefor, which approval may be withheld in Landlord's reasonable discretion. It is agreed that it shall be reasonable for Station building or Landlord to require Tenant provide plans pursuant to remove all or any portion of such alterations, modifications or improvements at the end above shall not constitute a breach of the Existing Lease Term or this Amendment. For avoidance of doubt, Tenant's maintenance and repair obligations under the Lease shall not apply to fully restore the Leased Premises, provided that Landlord notifies Tenant of such requirements at the time Landlord grants its approval any of the alterationsExcluded Improvements, modifications, or improvements. All such alterations, modifications 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 first approved by Landlord, as defined 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 (iSection 11(c) 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 fifteen (15) 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 proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alternations 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 used in this Article, the term "modifications, alternations and/or improvements" shall include, without 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, 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 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 termination of the Lease and restore the Leased Premises to their condition prior to such alterationbelow.
Appears in 1 contract
By Tenant. Tenant shall shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are 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. It is agreed that it shall be reasonable for Landlord to require Tenant to remove all or any portion of such alterations, modifications or improvements at the end of the Lease Term and to fully restore the Leased Premises, provided that Landlord notifies Tenant of such requirements at the time Landlord grants its approval of the alterations, modifications, or improvements. All such alterations, modifications 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 first approved by Landlord, 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 ’s express responsibility under this Lease have been satisfied, (iii) Tenant shall have given Landlord at least fifteen (15) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibilityLease, and (iv) if requested by Landlordshall keep the Premises in good condition and repair, Tenant shall have obtained contingent liability ordinary wear and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover tear, damage from the elements, and any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9force majeure event excepted. In no event shall Tenant make any modification, alternations 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 used in this Article, the term "modifications, alternations and/or improvements" shall Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the installation interior side of additional electrical outletsdemising walls; (5) electronic, overhead lighting 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, drainsequipment and inventory. Landlord reserves the right to perform any of the foregoing maintenance or repair obligations or require that such obligations be performed by a contractor approved by Landlord, sinks, partitions, doorwaysall at Tenant’s expense. All work shall be performed in accordance with the rules and procedures described in Section 8(a). If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required if there is an emergency, or if the like. Notwithstanding area to be repaired is visible from the foregoing, Tenant, without Landlord's prior written consent, shall be permitted to make non-structural alterations to exterior of the Building, provided that: (a) that Landlord has made reasonable efforts to notify Tenant of such alterations do not exceed $10,000 individually or $100,000 emergency), Landlord may, in addition to any other remedy available to Landlord, make the aggregaterepairs, (b) and Tenant shall timely provide pay the reasonable cost of the repairs to Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall notify Landlord in writing within thirty (30) days after receipt of completion an invoice, together with an administrative charge in an amount equal to fifteen percent (15%) of the alteration and deliver to Landlord a set cost of the plans repairs, provided that prior written notice is provided by Landlord to Tenant prior to commencement of any such work. At the expiration of this Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and specifications therefortear, either "as built" or marked to show construction changes madedamage from the elements, any force majeure event, and (d) Tenant shalllosses required to be restored by Landlord. If Landlord elects to store any personal property of Tenant, upon Landlord's requestincluding goods, remove the alteration wares, merchandise, inventory, trade fixtures and other personal property of Tenant, same shall be stored at the termination sole 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 Lease and restore Project or from the Leased Premises to their condition prior to 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 alterationtenant, unless caused by the negligence or willful misconduct of Landlord, its employees, agents or contractors.
Appears in 1 contract
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 Permitted Alterations (as hereinafter defined), Tenant shall not make any alterations to or modifications of the Leased Premises or the Property, or construct any improvements within the Leased Premises or Tenant’s exclusive use areas of the Property until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord's reasonable discretion’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval shall not be unreasonably withheld, conditioned or delayed. It is agreed that it Tenant’s written request shall be reasonable also contain a request for Landlord to elect whether or not it will require Tenant to remove all or any portion of such the subject alterations, modifications or improvements at the end 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 Lease Term expiration, or ten (10) days after the earlier termination, of this Lease. If and to fully restore the Leased Premisesonly if, provided that Landlord notifies shall have notified Tenant of such requirements in writing at the time Landlord grants its approval of the alterations, provided consent to any modifications, alterations or improvementsimprovements to be made by Tenant, that they would have to be removed, Tenant shall, upon the expiration or sooner termination of this Lease, remove any such modifications, alterations or improvements constructed or installed by Tenant (“Required Removables”) and repair all damage caused by such removal. For the avoidance of doubt, under no circumstance shall Tenant be required to remove or restore (or pay for any removal or restoration of) the Tenant Improvements, the ECV Stations, or any Permitted Alterations. All such alterationsmodifications, modifications alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's ’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by reasonably satisfactory to Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor, if any. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of as good qualityor better quality existing in the Building. 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 fifteen five (155) 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 ’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 modification, alternations 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 used in this Article, the term "“modifications, alternations alterations and/or improvements" ” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding anything to the foregoingcontrary in this Lease, TenantTenant shall 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 prior written consent’s consent if such modifications, shall be permitted to make non-structural alterations to the Building, provided that: and/or improvements will not (a) such alterations do not exceed $10,000 individually affect the Building Systems in any material way or $100,000 in the aggregate, structural components of the Building or (b) cost more than $250,000 in the aggregate in any consecutive twelve (12) month period, provided (i) that prior to making any such modifications, alterations and/or improvements, Tenant (A) provides Landlord ten (10) business days’ prior written notice of its intent to do so (which notice shall timely provide include a reasonably detailed description of the work 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 the notice required pursuant prior to Paragraph 4.9 abovecommencing any work, (cii) all such modifications, alterations and/or improvements are made in compliance with the provisions and restrictions set forth in this Paragraph 110015197v.8
6.1 other than obtaining Landlord consent and any requirement for removal upon the expiration or sooner termination of this Lease, and (iii) Tenant shall notify Landlord in writing within thirty (30) days of after 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 mademade (collectively, “Permitted Alterations”). Notwithstanding the foregoing, Tenant shall have the right to install an electronic badge security system for the entry points to and (d) Tenant shall, upon Landlord's request, remove the alteration at the termination of the Lease and restore within the Leased Premises to their condition prior to such alterationPremises.
Appears in 1 contract
Sources: Lease Agreement (Personalis, Inc.)
By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements to or within the Leased Premises without Landlord’s prior written approval, and then not until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval may shall not be withheld in Landlord's reasonable discretion. It is agreed that it shall be reasonable for Landlord to require Tenant to remove all or any portion of such alterations, modifications or improvements at the end of the Lease Term and to fully restore the Leased Premises, provided that Landlord notifies Tenant of such requirements at the time Landlord grants its approval of the alterations, modifications, or improvementsunreasonably withheld. All such alterationsmodifications, 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)’s expense, using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefortherefore. 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 qualityquality that match or complement the original improvements existing as of the Lease Commencement Date. 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 fifteen (15) five 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 ’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 (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 modificationmodifications, alternations alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls areas outside of the Leased Premises. As used in this Article, the term "“modifications, alternations alterations and/or improvements" ” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without As a part of granting Landlord's prior written consent, shall be permitted ’s approval for Tenant to make non-structural alterations or modifications Landlord may require Tenant to increase the Building, provided that: (a) such amount of it’s Security Deposit to cover the cost of removing Tenant’s alterations do not exceed $10,000 individually or $100,000 in modifications and to restore the aggregate, (b) condition of the Premises to it’s prior condition. Tenant shall timely provide Landlord pay Landlord’s reasonable costs to inspect the notice required pursuant construction of Tenant’s alterations or modifications and 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 have Landlord’s architect revise Landlord’s drawings 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 alterationwork performed by Tenant.
Appears in 1 contract
By Tenant. Tenant shall not make any alterations keep the Premises (other than those portions required to or modifications of the Leased Premises or construct any improvements within the Leased Premises until be maintained by Landlord shall have first approvedunder Section 8(b)(i) above), in writinggood, clean and habitable condition, and shall at its sole cost and expense keep the plans same free of dirt, rubbish, ice or snow, insects, rodents, vermin and specifications thereforother pests and make all needed repairs and replacements, which approval may including replacement of cracked or broken glass, except for repairs and replacements required to be withheld in Landlord's reasonable discretion. It is agreed that it shall be reasonable for Landlord to require Tenant to remove all or any portion of such alterations, modifications or improvements at the end of the Lease Term and to fully restore the Leased Premises, provided that Landlord notifies Tenant of such requirements at the time Landlord grants its approval of the alterations, modifications, or improvements. All such alterations, modifications 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 first approved made by Landlord, in substantial compliance with and any damage caused by ordinary wear and tear or Casualty. Without limiting the Landlord-approved plans coverage of the previous sentence, it is understood that Tenant’s responsibilities therein include the repair and specifications therefor. All work undertaken by Tenant shall be done replacement in accordance with all applicable Laws of the Building’s Systems, including the lighting, heating, air conditioning, life-safety, plumbing and other electrical, mechanical and electromotive installation, equipment and fixtures and also include all utility repairs in a good ducts, conduits, pipes 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 fifteen (15) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibilitywiring, and (iv) if requested by any sewer stoppage located in, under and above the Premises. All contractors and subcontractors may be subject to Landlord, Tenant shall have obtained contingent liability and broad form builder's risk insurance ’s written approval in an amount satisfactory accordance with Section 8(b)(iii). If any repairs required to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried be made by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alternations 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 used in this Article, the term "modifications, alternations and/or improvements" shall include, without 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, shall be permitted to make non-structural alterations to the Building, provided that: (a) such alterations do hereunder are 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 commenced within thirty (30) days (such time period not being subject to the notice and cure provisions of Section 17(f)) after written notice delivered to Tenant by Landlord (which shall be given at its reasonable discretion) or are not diligently executed to completion with Tenant using commercially reasonable efforts given the circumstances, 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, provided that Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use of, or access to, the Premises. Tenant shall pay to Landlord within ten (10) days upon written demand as Rent hereunder, 151177627 v8 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 or earlier termination of this Lease, Tenant shall surrender the Premises in as good a condition as existed on the date the Tenant Improvements are substantially completed, excepting reasonable wear and tear and casualties not required to be repaired by Tenant. If Tenant elects to 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 risk of Tenant. Unless caused by the gross negligence or willful misconduct of Landlord, its employees, agents or contractors, Landlord and 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 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 immediately 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 DELIVERY DATE 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 provide written notice thereof to Landlord. Landlord shall, pursuant to the receipt of such notice from Tenant, make such Tenant Repair Capital Item in a manner such that the Tenant Repair Capital Item to be completed by Landlord shall be similar in size, scope and specifications as the item so repaired by Landlord. Landlord and Tenant shall use their respective commercially reasonable efforts to discuss and come to a mutually acceptable agreement with respect to the size, scope and specifications of the Tenant Repair Capital Item; provided, however, that in no event shall the size, scope and specifications of such Tenant Repair Capital Item exceed the original size, scope and specifications of the item subject to the repair. Following completion of the alteration and deliver Tenant Repair Capital Item, Landlord shall provide Tenant with written notice of (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 Landlord a set the “prime rate” as announced from time to time by Bank of the plans and specifications thereforAmerica, either "as built" or marked to show construction changes madeN.A., plus one percent (1%) per annum, and (div) the monthly amount due and payable by Tenant shall, upon Landlord's request, remove to reimburse Landlord for that portion of the alteration at amortized Tenant Repair Capital Item Cost applicable to the termination remainder of the Lease and restore Term, which monthly amount shall be paid by Tenant to Landlord concurrently with the Leased Premises payment by Tenant to their condition prior to such alteration.Landlord of the monthly Base Rent. 151177627 v8
Appears in 1 contract
By Tenant. 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 not be withheld in Landlord's reasonable discretion. It is agreed that it shall be reasonable for Landlord to require Tenant to remove all unreasonably withheld, delayed or any portion of such alterations, modifications or improvements at the end of the Lease Term and to fully restore the Leased Premises, provided that Landlord notifies Tenant of such requirements at the time Landlord grants its approval of the alterations, modifications, or improvementsconditioned. All such alterationsmodifications, modifications alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's ’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 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, satisfied and (iii) Tenant shall have given Landlord at least fifteen (15) lease five 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 proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alternations 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 used in this Article, the term "modifications, alternations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the likeBuilding. Notwithstanding the foregoing, Tenant, without Landlord's ’s prior written consent, shall be permitted to make non-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 notice required pursuant to Paragraph 4.9 above, proposed improvements including such details as Landlord may reasonably request regarding the proposed improvements and their estimated cost and (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 ’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 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 consent to such improvements or alterations is required hereunder.
Appears in 1 contract
By Tenant. 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 ’s sole discretion. It is agreed that it Tenant’s written request shall be reasonable also contain a request for Landlord to elect whether or not it will require Tenant to remove all or any portion of such the subject alterations, modifications or improvements at the end 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 deemed to have 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 Leased Premises upon prior notice to Landlord, but without the requirement of obtaining Landlord’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 structural components of the Lease Term Building or any Building systems and to fully restore are not visible from outside the Leased Premises, provided that Landlord notifies Tenant and (c) such alterations and modifications are constructed in compliance with all applicable Laws and the other provisions of such requirements at the time Landlord grants its approval of the alterations, modifications, or improvementsthis Article 6. All such alterationsmodifications, modifications alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's ’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 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 fifteen five (155) 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 ’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils 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 modification, alternations 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 used in this Article, the term "“modifications, alternations alterations and/or improvements" ” shall include, without 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, 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 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 termination of the Lease and restore the Leased Premises to their condition prior to such alteration.
Appears in 1 contract
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. 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’s sole discretion 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. It 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 agreed that it five (5) business days following the second notice, then Landlord shall be reasonable 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 all such Non-Standard Office Improvements at the expiration or any portion earlier termination of this Lease. If such additional request is not included by Tenant, 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 deemed to have made the election at the time the alterations, modifications or improvements at the end of the Lease Term and to fully restore the Leased Premiseswere completed). As used herein, provided that Landlord notifies Tenant of such requirements at the time Landlord grants its approval of the “Non-Standard Office Improvements” shall mean alterations, modifications, and improvements that (i) affect the Building 2 structure, (ii) are other than typical leasehold improvements for office tenants in Building 2 or improvementsin buildings similar to Building 2 in the area in which the Property is located, or (iii) in Landlord’s reasonable judgment would materially increase Landlord’s cost of preparing the Premises for another tenant (such as, without limitation, interior staircases). All such alterationsmodifications, modifications alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's ’s expense (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 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 fifteen five (155) 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 ’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 modification, alternations 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 used in this Article, the term "modifications, alternations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord's ’s prior written consent, shall be permitted to make non-structural alterations to the BuildingLeased Premises which do not affect Building systems and are not visible from outside the Leased Premises, provided that: that (a) such alterations do not exceed $10,000 100,000 individually or $100,000 in the aggregatea series of related projects, (b) Tenant shall timely provide Landlord 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, 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, and (d) ; such alterations complying with the foregoing conditions need not be removed by Tenant shall, upon Landlord's request, remove the alteration at the termination expiration of the Lease and restore the Leased Premises to their condition prior to such alterationTerm.
Appears in 1 contract
Sources: Sublease Agreement (Applovin Corp)
By Tenant. Tenant shall shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are 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. It is agreed that it shall be reasonable for Landlord to require Tenant to remove all or any portion of such alterations, modifications or improvements at the end of the Lease Term and to fully restore the Leased Premises, provided that Landlord notifies Tenant of such requirements at the time Landlord grants its approval of the alterations, modifications, or improvements. All such alterations, modifications 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 first approved by Landlord, 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 ’s express responsibility under this Lease have been satisfied, (iii) Tenant shall have given Landlord at least fifteen (15) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibilityLease, and (iv) if requested by Landlordshall keep the Premises in good condition and repair, Tenant shall have obtained contingent liability ordinary wear 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 9tear excepted. In no event shall Tenant make any modification, alternations 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 used in this Article, the term "modifications, alternations and/or improvements" shall Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the installation interior side of additional electrical outletsdemising walls; (5) electronic, overhead lighting 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 the 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, drains, sinks, partitions, doorwaysequipment and inventory. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required if there is an emergency, or if the likearea to be repaired is visible from the exterior of the Building), Landlord reserves the right to perform any of the foregoing maintenance or repair obligations, all at Tenant’s expense. Notwithstanding In all events, Landlord reserves the foregoingright to require that Tenant’s repair and maintenance obligations be performed by a contractor approved by Landlord, Tenant, without Landlord's prior written consent, such approval not to be unreasonably withheld. All work shall be permitted performed in accordance with the rules and procedures described in Section 8(a). If Tenant fails to make non-structural alterations any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required if there is an emergency, or if the area to be repaired is visible from the exterior of the Building), provided that: (a) such alterations do not exceed $10,000 individually or $100,000 then Landlord may, in addition to any other remedy available to Landlord, make the aggregaterepairs, (b) and Tenant shall timely provide pay the reasonable cost of the repairs to Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall notify Landlord in writing within thirty (30) days after receipt of completion an invoice, together with an administrative charge in an amount equal to ten percent (10%) of the alteration and deliver to Landlord a set cost of the plans repairs. At the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and specifications therefortear and losses required to be restored by Landlord. All personal property of Tenant, either "as built" including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, shall be stored at the sole risk of Tenant. Landlord or marked its agents shall not be liable for any loss or damage to show construction changes madepersons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Project or from the pipes, appliances or plumbing works therein or from the roofs, 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. Without limiting the generality of the foregoing, Tenant shall adopt and implement the following guidelines: (A) report any maintenance problems involving water, moist conditions or mold to the property manager for the Project (the “Property Manager”) promptly and conduct its required activities in a manner that prevents unusual moisture conditions or mold growth; (B) do not block or inhibit the flow of return or make-up air into the HVAC system; (C) to the extent within Tenant’s reasonable control, maintain the Premises at a consistent temperature and humidity level in accordance with the Property Manager’s reasonable instructions; (D) promptly clean up any liquid spills in the Premises to prevent or correct moist conditions; and (E) maintain water in all drain taps at all times. Tenant agrees to promptly notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and (d) allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. Except to the extent caused by the gross negligence or willful misconduct of Landlord or its employees, contractors or agents, Tenant shallrelieves 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. In addition, upon Landlord's request, remove the alteration at the termination execution of the this Lease constitutes acknowledgment by Tenant that control of moisture and restore the Leased Premises mold prevention are integral to their condition prior to such alterationits Lease obligations.
Appears in 1 contract
By Tenant. 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 shall not be withheld in Landlord's reasonable discretionunreasonably withheld. It is agreed Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to require Tenant withhold its consent to remove all any modification, alteration or any portion of improvement if, in Landlord’s reasonable judgment, such alterationsmodification, modifications alteration or improvements at improvement would adversely affect the end structure of the Lease Term and to fully restore the Leased PremisesBuilding, provided that Landlord notifies Tenant of such requirements at the time Landlord grants its approval any of the alterationsBuilding’s systems, modifications, the appearance of the Building or improvementsthe value or utility of the Building or the Property. All such alterationsmodifications, modifications alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's ’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 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, (iii) Tenant shall have given Landlord at least fifteen five (155) 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 ’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 modification, alternations 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 used in this Article, the term "“modifications, alternations alterations and/or improvements" ” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord's ’s prior written consentconsent (but subject to the other terms and conditions of this Article 6), shall be permitted to make non-structural alterations to the BuildingLeased 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 $10,000 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 set of the plans and specifications therefor, either "“as built" ” or marked to show construction changes made, and (d) Tenant shall, upon Landlord's ’s request, remove the alteration at the termination of the Lease and restore the Leased Premises to their condition prior to such alteration.
Appears in 1 contract
Sources: Lease Agreement (Silicon Image Inc)