Consent of Landlord; Ownership. Tenant shall not make, or suffer to be made, any alterations, additions or improvements, including, without limitation, any alterations, additions or improvements that result in increased telecommunication demands or require the addition of new communication or computer wires, cables and related devises or expand the number of telephone or communication lines dedicated to the Leased Premises by the Building’s telecommunication design (individually, an “alteration” and collectively, “alterations”) to the Leased Premises, or any part thereof, without the written consent of Landlord first had and obtained, which consent shall not be unreasonably withheld, conditioned or delayed. Subject to Section 12.4 below, any alterations, except trade fixtures, shall upon expiration or termination of this Lease become a part of the realty and belong to Landlord. Except as otherwise provided in this Lease, Tenant shall have the right to remove its trade fixtures placed upon the Leased Premises provided that Tenant restores the Leased Premises as indicated below. Notwithstanding the foregoing, Landlord’s consent shall not be required for any alteration to the interior of the Premises that complies with the following requirements: (1) is cosmetic in nature such as painting, (2) does not affect the roof or any area outside of the Premises or require work inside the walls or above the ceiling of the Premises; (3) does not affect the Structural parts of the Building or materially affect electrical, plumbing, HVAC or mechanical systems in the Building or servicing the Premises, or the sprinkler or other life safety system; and (4) costs less than $10,000.00 in the aggregate for all of such Alterations during a calendar year (herein referred to as “Minor Alteration”). Tenant shall provide Landlord with prior written notice of any Minor Alteration that requires a building permit.
Appears in 3 contracts
Samples: Sublease Agreement (Atara Biotherapeutics, Inc.), Office Lease (Tobira Therapeutics, Inc.), Office Lease (Tobira Therapeutics, Inc.)
Consent of Landlord; Ownership. Except to the extent included as part of Landlord’s Work or the initial Tenant Improvements, Tenant shall not make, or suffer to be made, any alterations, additions or improvements, including, without limitation, any alterations, additions or improvements that result in increased telecommunication demands or require the addition of new communication or computer wires, cables and related devises or expand the number of telephone or communication lines dedicated to the Leased Premises by the Building’s telecommunication design (individually, an “alteration” and collectively, “alterations”) to the Leased Premises, or any part thereof, without the written consent of Landlord first had and obtained, which consent shall not be unreasonably withheld, conditioned or delayed. Subject to Section 12.4 below, any alterations, except trade fixtures, shall upon expiration or termination of this Lease become a part of the realty and belong to Landlord. Except as otherwise provided in this Lease, Tenant shall have the right to remove its trade fixtures placed upon the Leased Premises provided that Tenant restores the Leased Premises as indicated below. Notwithstanding the foregoing, foregoing Landlord’s consent shall not be required for any an alteration to the interior of the Leased Premises that complies with the following requirements: (1a) is cosmetic in nature such as painting, (2b) does not affect the roof or any area outside of the Leased Premises or require work inside the walls or above the ceiling of the Leased Premises; (3c) does not affect the Structural structural parts of the Building or materially affect electrical, plumbing, HVAC or mechanical systems in the Building or servicing the Leased Premises, or the sprinkler or other life safety system; and (4d) costs less than $10,000.00 15,000.00 individually or in the aggregate for all of such Alterations during a calendar year (herein referred to as “Minor Alteration”). Tenant shall provide Landlord with prior written notice of any Minor Alteration that requires a building permit. Tenant shall, at the expiration or earlier termination of this Lease, remove its furniture, trade fixtures fixtures and equipment and repair any damage to the Leased Premises caused as result.
Appears in 2 contracts
Samples: Office Lease, Office Lease (Puma Biotechnology, Inc.)
Consent of Landlord; Ownership. Tenant shall not make, or suffer to be made, any alterations, additions or improvements, including, without limitation, any alterations, additions or improvements that result in increased telecommunication demands or require the addition of new communication or computer wires, cables and related devises or expand the number of telephone or communication lines dedicated to the Leased Premises by the Building’s 's telecommunication design (individually, an “"alteration” " and collectively, “"alterations”") to the Leased Premises, or any part thereof, without the written consent of Landlord first had and obtained, which consent shall not be unreasonably withheld, conditioned or delayed. Subject to Section 12.4 below, any alterations, except trade fixtures, shall upon expiration or termination of this Lease become a part of the realty and belong to Landlord. Except as otherwise provided in this Lease, Tenant shall have the right to remove its trade fixtures placed upon the Leased Premises provided that Tenant restores the Leased Premises as indicated below. Notwithstanding the foregoing, foregoing Landlord’s 's consent shall not be required for any alteration to the interior of the Premises that complies with the following requirements: (1a) is cosmetic in nature such as painting, (2b) does not affect the roof or any area outside of the Premises or require work inside the walls or above the ceiling of the Premises; (3c) does not affect the Structural structural parts of the Building or materially affect electrical, plumbing, HVAC or mechanical systems in the Building or servicing the Premises, or the sprinkler or other life safety system; and (4d) costs less than $10,000.00 in the aggregate for all of such Alterations during a calendar year (herein referred to as “"Minor Alteration”"). Tenant shall provide Landlord with prior written notice of any Minor Alteration that requires a building permit.
Appears in 2 contracts
Samples: Office Lease (Kronos Bio, Inc.), Office Lease (Kronos Bio, Inc.)
Consent of Landlord; Ownership. Tenant shall not make, or suffer to be made, any alterations, additions or improvements, including, without limitation, any alterations, additions or improvements that result in increased telecommunication demands or require the addition of new communication or computer wires, cables and related devises or expand the number of telephone or communication lines dedicated to the Leased Premises by the Building’s telecommunication design (individually, an “alteration” and collectively, “alterations”) to the Leased Premises, or any part thereof, without the written consent of Landlord first had and obtained, which consent shall not be unreasonably withheld, conditioned or delayed. Subject to Section 12.4 below, any alterations, except trade fixtures, shall upon expiration or termination of this Lease become a part of the realty and belong to Landlord. Except as otherwise provided in this Lease, Tenant shall have the right to remove its trade fixtures placed upon the Leased Premises provided that Tenant restores the Leased Premises as indicated below. Tenant shall be required to follow the reasonable recommendations of Landlord and/or Landlord’s LEED consultants to insure that any alteration will satisfy the LEED requirements applicable for the Building. Notwithstanding the foregoingforegoing or anything to the contrary contained elsewhere in this Article 12, Tenant shall have the right, without Landlord’s consent shall not be required for consent, to make any alteration to the interior that meets all of the Premises that complies with following criteria (a “Cosmetic Alteration”): (a) the following requirements: (1) alteration is cosmetic decorative in nature (such as paintingpaint, carpet or other wall or floor finishes, movable partitions or other such work), (2b) Tenant provides Landlord with ten (10) days’ advance written notice of the commencement of such alteration, (c) such alteration does not affect the roof Building’s electrical, mechanical, life safety, plumbing, security, or HVAC systems or any area outside Structural components of the Premises Building or any part of the Building other than the Leased Premises, (d) the work will not decrease the value of the Leased Premises, does not require a building permit or other governmental permit, uses only new materials comparable in quality to those being replaced and is performed in a workmanlike manner and in accordance with all Laws, (e) the work inside does not involve any Hazardous Materials, (f) the walls or above work does not involve opening the ceiling of the Leased Premises; , and (3g) the total cost of such alteration, when aggregated with the cost of all other Cosmetic Alterations performed during the previous twelve (12) month period, does not affect exceed One Hundred Thousand Dollars ($100,000.00). At the Structural parts time Tenant notifies Landlord of any Cosmetic Alteration, Tenant shall give Landlord a copy of Tenant’s plans for the Building or materially affect electrical, plumbing, HVAC or mechanical systems in work. If the Building or servicing the Premises, or the sprinkler or other life safety system; and (4) costs less than $10,000.00 in the aggregate for all Cosmetic Alteration is of such Alterations during a calendar year (herein referred to as “Minor Alteration”). nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with prior written notice a reasonably specific description of any Minor Alteration that requires a building permitthe work.
Appears in 1 contract
Consent of Landlord; Ownership. Tenant shall not make, or suffer to be made, any alterations, additions or improvements, including, without limitation, any alterations, additions or improvements that result in increased telecommunication demands or require the addition of new communication or computer wires, cables and related devises or expand the number of telephone or communication lines dedicated to the Leased Premises by the Building’s telecommunication design (individually, an “alteration” and collectively, “alterations”) to the Leased Premises, or any part thereof, without the written consent of Landlord first had and obtained, which consent shall not be unreasonably withheld, conditioned or delayed. Subject to Section 12.4 below, any alterations, except trade fixtures, shall upon expiration or termination of this Lease become a part of the realty and belong to Landlord. Except as otherwise provided in this Lease, Tenant shall have the right to remove its trade fixtures placed upon the Leased Premises provided that Tenant restores the Leased Premises as indicated below. Notwithstanding the foregoingTenant may, without Landlord’s consent shall not be required for consent, make any alteration Alteration to the interior Leased Premises that meets all of the Premises that complies with following criteria (a “Cosmetic Alteration”): (a) the following requirements: (1) Alteration is cosmetic decorative in nature (such as paintingpaint, carpet or other wall or floor finishes that are not glued or pasted to the wall or floor, or movable partitions); (2b) does not affect the roof or any area outside of the Premises or require work inside the walls or above the ceiling of the Leased Premises; (3) does not affect the Structural parts of the Building or materially affect electrical, plumbing, HVAC or mechanical systems in the Building or servicing the Premises, or the sprinkler or other life safety system; and (4c) costs less than $10,000.00 25,000.00 individually for each Alteration or in the aggregate for of all of such Alterations during a calendar year year, (herein referred to as “Minor Alteration”). d) Tenant shall provide provides Landlord with prior advance written notice of the commencement of such Cosmetic Alteration, (e) such Alteration does not affect the Building Systems or any Minor Alteration that requires structural portion of the Building or any part of the Building, and (f) the work does not require a building permit or other governmental permit.
Appears in 1 contract
Consent of Landlord; Ownership. Tenant shall not make, or suffer to be made, any alterations, additions or improvements, including, without limitation, any alterations, additions or improvements that result in increased telecommunication demands or require the addition of new communication or computer wires, cables and related devises or expand the number of telephone or communication lines dedicated to the Leased Premises by the Building’s telecommunication design (individually, an “alteration“ alteration ” and collectively, “alterations“ alterations ”) to the Leased Premises, or any part thereof, without the written consent of Landlord first had and obtained. Notwithstanding the foregoing, which Landlord’s consent shall not be unreasonably withheldrequired for an alteration that is non-structural in nature, conditioned will not affect the Buildings Systems (as defined below) or delayedstructure, costs less than Seventy-Five Thousand Dollars ($75,000.00), and is not visible from the exterior of the Building (or the exterior of the Leased Premises in the event that such alteration is located on a multi-tenant floor of the Building) (a “ Non-Structural Alteration ”). Subject Tenant shall, however, provide to Section 12.4 Landlord twenty (20) days’ prior written notice of any such Non-Structural Alteration. Additionally, Tenant shall be permitted to install or modify the wiring located within the Leased Premises at any time without Landlord’s consent; provided, however, that such installation or modification (i) does not impact the Building Systems, (ii) does not disturb or adversely affect other tenants in the Building, and (iii) does not result in Tenant using more than its equitable share of the risers, vertical ducts or other facilities in the Building. In the event where Landlord’s consent is required, Landlord shall respond to Tenant’s request for Landlord’s consent to a proposed alteration within twenty (20) days following Landlord’s receipt of such notice and Plans (as defined below). If, at the time that Tenant requests Landlord’s consent to a proposed alteration, Tenant requests that Landlord specify whether Landlord will require Tenant to remove such proposed alteration at the expiration or termination of the Term, Landlord shall so specify in its response to Tenant’s request; provided, however, that if Tenant does not so request or if Landlord specifies in its response that Tenant shall remove any alteration(s), Tenant shall, at Tenant’s sole cost and expense, (i) remove such alteration(s) at the expiration or termination of this Lease and (ii) repair any damage caused by such removal. Notwithstanding the foregoing, Landlord hereby acknowledges that Tenant shall have no obligation to remove the Tenant Improvements constructed pursuant to Exhibit C attached hereto, including, without limitation, the Tenant Improvements for the Secondary Premises. As used herein, “ Building Systems ” means any of the heating, ventilating and air-conditioning, mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building (excluding any supplemental HVAC systems or other systems installed by or for Tenant for Tenant’s exclusive use). During the Term, any alterations shall be the property of Tenant, and Landlord shall not seek the benefits of depreciation deductions or income tax credit allowances for federal or state income reporting purposes with respect to any alterations which have been fully paid for by Tenant under this Article 12. Any such alterations, except trade fixtures, shall upon expiration or termination of this Lease automatically become a part of the realty and belong to Landlord. Except as otherwise provided in this Lease, Tenant shall have the right to remove its trade fixtures placed upon the Leased Premises provided that Tenant restores the Leased Premises as indicated below. Notwithstanding the foregoing, Landlord’s consent shall not be required for any alteration to the interior of the Premises that complies with the following requirements: (1) is cosmetic in nature such as painting, (2) does not affect the roof or any area outside of the Premises or require work inside the walls or above the ceiling of the Premises; (3) does not affect the Structural parts of the Building or materially affect electrical, plumbing, HVAC or mechanical systems in the Building or servicing the Premises, or the sprinkler or other life safety system; and (4) costs less than $10,000.00 in the aggregate for all of such Alterations during a calendar year (herein referred to as “Minor Alteration”). Tenant shall provide Landlord with prior written notice of any Minor Alteration that requires a building permit.
Appears in 1 contract
Consent of Landlord; Ownership. Tenant shall not make, or suffer to be made, any structural alterations, additions additions, improvements or improvementsdemolition, includingexterior or interior, without limitation, any alterations, additions or improvements that result in increased telecommunication demands or require the addition of new communication or computer wires, cables and related devises or expand the number of telephone or communication lines dedicated to the Leased Premises by the Building’s telecommunication design (individually, an “alteration” and collectively, “alterations”) to the Leased Premises, or any part thereof, in excess of $25,000, without the written consent of Landlord first had which shall not be unreasonably withheld, delayed or conditioned, and obtainedsubject to the requirements under Section 15.2, below. In addition, no exterior signs shall be permitted without Landlord’s prior written consent which consent shall not be unreasonably withheld, conditioned or delayed. Subject For purposes of this section, Landlord shall be deemed to Section 12.4 belowhave reasonably withheld its consent to Tenant’s alteration and/or signage if Landlord withheld such consent because such alteration and/or signage is not consistent with: (i) the exterior appearance and/or signage of Tenant’s casino improvements existing at the time such consent is withheld, and (ii) a first class retail, restaurant and/or office establishment. Tenant shall have the right to freely make any non-structural alterations, except trade fixturesadditions or improvements to the Premises. Any structural additions or alterations to the Premises shall, shall immediately upon expiration or termination of this Lease become being made, constitute a part of the realty and belong to become Landlord. Except as otherwise provided in ’s property, and shall, at the expiration or earlier termination of this Lease, remain upon the Premises without compensation to Tenant. Tenant shall promptly remove any structural alterations, additions and improvements which were not approved by Landlord (where Landlord had approval rights) and are required by Landlord to be removed at the end of the Term and Tenant shall restore the Premises as indicated below. Tenant shall have the right to remove its trade fixtures and personal property placed upon the Leased Premises provided that Tenant restores the Leased Premises as indicated below. Notwithstanding Any and all costs incurred by Landlord, whether in complying with laws, governmental requirements or otherwise, as a result of any “alterations” (as hereinafter defined), or as a result of request by Tenant for increased telephone or other utility capacity above that presently existing shall be paid by Tenant within ten (10) days after demand therefor by Landlord. Landlord hereby approves of the foregoing, Landlord’s consent location and operation of the pedestrian walkway and related improvements (the “Pedestrian Walkway”) to be constructed on the Premises by Tenant as depicted on Schedule 15.1(a) attached hereto and as more fully described in Schedule 15.1(b). No approvals or consents shall not be required for any alteration to the interior from Landlord in connection with Tenant’s construction of the Premises that complies Pedestrian Walkway but Tenant shall comply with the following requirements: (1) is cosmetic in nature such as paintingSections 15.2(a), (2d), (e) does not affect the roof or any area outside of the Premises or require work inside the walls or above the ceiling of the Premises; (3) does not affect the Structural parts of the Building or materially affect electrical, plumbing, HVAC or mechanical systems in the Building or servicing the Premises, or the sprinkler or other life safety system; and (4f) costs less than $10,000.00 in the aggregate for all of such Alterations during a calendar year (herein referred to as “Minor Alteration”). Tenant shall provide Landlord with prior written notice of any Minor Alteration that requires a building permitbelow.
Appears in 1 contract
Consent of Landlord; Ownership. Tenant shall not make, or suffer to be made, any alterations, additions or improvements, including, without limitation, any alterations, additions or improvements that result in increased telecommunication demands or require the addition of new communication or computer wires, cables and related devises or expand the number of telephone or communication lines dedicated to the Leased Premises by the Building’s telecommunication design (individually, an “alteration” and collectively, “alterations”) to the Leased Premises, or any part thereof, without the written consent of Landlord first had and obtained, which consent shall not be unreasonably withheld, conditioned or delayed. Subject to Section 12.4 below, any alterations, except trade fixtures, shall upon expiration or termination of this Lease become a part of the realty and belong to Landlord. Except as otherwise provided in this Lease, Tenant shall have the right (but not the obligation, except as provided in Section 12.4 below) to remove its trade fixtures placed upon the Leased Premises provided that Tenant restores the Leased Premises as indicated below. Notwithstanding the foregoing, Landlord’s 's consent shall not be required for any alteration to the interior of the Premises that complies with the following requirements: (1a) is cosmetic in nature such as painting, (2b) does not affect the roof or any area outside of the Premises or require required work inside the walls or above the ceiling of the Premises; (3c) does not affect the Structural structural parts of the Building or materially affect electrical, plumbing, HVAC or mechanical systems in the Building or servicing the Premises, or the sprinkler or other life safety system; and (4d) costs less than $10,000.00 25,000.00 on any one floor in the Premises or $50,000 in the aggregate for all of such Alterations during a calendar year alterations for any one project (herein referred to as “"Minor Alteration”"). Tenant shall provide Landlord with prior written notice of any Minor Alteration that requires a building permit. Notwithstanding anything to the contrary contained herein, so long as Tenant’s written request for consent for a proposed alteration contains the following statement in large, bold and capped font: “PURSUANT TO SECTION 6 OF THE LEASE, IF LANDLORD CONSENTS TO THE SUBJECT ALTERATION, LANDLORD SHALL NOTIFY TENANT IN WRITING WHETHER OR NOT LANDLORD WILL REQUIRE SUCH ALTERATION TO BE REMOVED AT THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE.”, then at the time Landlord gives its consent for any alterations, if it so does, Tenant shall also be notified whether or not Landlord will require that such alterations be removed upon the expiration or earlier termination of this Lease. Notwithstanding anything to the contrary contained in this Lease, at the expiration or earlier termination of this Lease and otherwise in accordance with Section 12.4 hereof, Tenant shall be required to remove all alterations made to the Premises except for any such alterations which Landlord expressly indicates or is deemed to have indicated shall not be required to be removed from the Premises by Tenant. If Tenant’s written notice strictly complies with the foregoing and if Landlord fails to so notify Tenant whether Tenant shall be required to remove the subject alterations at the expiration or earlier termination of this Lease, it shall be assumed that Landlord shall require the removal of the subject alterations.
Appears in 1 contract
Samples: Office Lease (Sphere 3D Corp)
Consent of Landlord; Ownership. Tenant shall not make, make or suffer to be made, any allow alterations, additions or improvements, including, without limitation, including any alterations, additions or improvements that result in increased telecommunication demands or require the addition of new conduit, communication or computer wires, cables and or related devises or expand the number of telephone or communication lines dedicated to the Leased Premises by the Building’s telecommunication design design, (individually, an “alteration” and collectively, “alterationsAlterations”) to the Leased Premises, or any part thereof, Premises without the prior written consent of Landlord first had and obtained, which consent shall Landlord. Tenant may not be unreasonably withheld, conditioned or delayedmake any Alterations that affect structural elements of the Building. Subject to Section 12.4 below, any alterations, except trade fixtures, shall upon Upon expiration or termination of this Lease Lease, any Alterations except trade fixtures shall become a part of the realty and belong to Landlord. Except as otherwise provided in this Lease, Tenant shall have the right to remove its trade fixtures placed upon the Leased Premises provided that Tenant restores the Leased Premises as indicated below. Landlord’s Initials Notwithstanding the foregoing, foregoing Landlord’s consent shall not be required for any alteration an Alteration to the interior of the Premises that complies with the following requirements: (1a) is cosmetic in nature such as paintingpainting or carpet, (2b) does not affect the roof or any area outside of the Premises or require work inside the walls or above the ceiling of the Premises; (3c) does not affect the Structural structural parts of the any Building or materially affect electrical, plumbing, HVAC or mechanical systems in the Building or servicing the PremisesHVAC, or the mechanical, sprinkler or other life safety systemsystem in any Building; and (4d) costs less than $10,000.00 50,000.00 in the aggregate for all of such Alterations during a calendar year (herein referred to as “Minor Alteration”). Tenant shall provide Landlord with prior written notice of any Minor Alteration that requires a building permit.
Appears in 1 contract
Samples: Business Park Net Lease (Centillium Communications Inc)
Consent of Landlord; Ownership. Tenant shall not make, or suffer to be made, any alterations, additions or improvements, including, without limitation, any alterations, additions or improvements that result in increased telecommunication demands or require the addition of new communication or computer wires, cables and related devises or expand the number of telephone or communication lines dedicated to the Leased Premises by the Building’s telecommunication design (individually, an “alteration” and collectively, “alterations”) to the Leased Premises, or any part thereof, without the written consent of Landlord first had and obtained, which consent shall not be unreasonably withheld, conditioned or delayed. Subject to Section 12.4 below, any alterations, except trade fixtures, shall upon expiration or termination of this Lease become a part of the realty and belong to Landlord. Except as otherwise provided in this Lease, Tenant shall have the right to remove its trade fixtures placed upon the Leased Premises provided that Tenant restores the Leased Premises as indicated below. Notwithstanding the foregoing, foregoing Landlord’s consent shall not be required for any alteration to the interior of the Premises that complies with the following requirements: (1) is cosmetic in nature such as painting, (2) does not affect the roof or any area outside of the Premises or require work inside the walls or above the ceiling of the Premises; (3) does not affect the Structural parts of the Building or materially affect electrical, plumbing, HVAC or mechanical systems in the Building or servicing the Premises, or the sprinkler or other life safety system; and (4) costs less than $10,000.00 in the aggregate for all of such Alterations during a calendar year (herein referred to as “Minor Alteration”). Tenant shall provide Landlord with prior written notice of any Minor Alteration that requires a building permit.
Appears in 1 contract
Samples: Office Lease (Insweb Corp)
Consent of Landlord; Ownership. Tenant shall not make, or suffer to be made, any alterations, additions or improvements, including, without limitation, any alterations, additions or improvements that result in increased telecommunication demands or require the addition of new communication or computer wires, cables and related devises or expand the number of telephone or communication lines dedicated to the Leased Premises by the Building’s 's telecommunication design (individually, an “"alteration” " and collectively, “"alterations”") to the Leased Premises, or any part thereof, without the written consent of Landlord first had and obtained. Notwithstanding the foregoing, which Landlord's consent shall not be unreasonably withheldrequired for an alteration that is non-structural in nature, conditioned will not affect the Buildings Systems (as defined below) or delayedstructure, costs less than Fifty Thousand Dollars ($50,000.00), and is not visible from the exterior of the Building (or the exterior of the Premises in the event that such alteration is located on a multi-tenant floor of the Building) (a "Non-Structural Alteration"). Subject Tenant shall, however, provide to Section 12.4 Landlord twenty (20) days' prior written notice of any such Non-Structural Alteration. In the event where Landlord's consent is required, Landlord shall respond to Tenant's request for Landlord's consent to a proposed alteration within twenty (20) days following Landlord's receipt of such notice and Plans (as defined below). At the time that Tenant requests Landlord's consent to a proposed alteration, Tenant shall have the right to also request that Landlord specify whether Landlord will require Tenant to remove such proposed alteration at the expiration or termination of the Term; provided, however, that if Tenant so requests and Landlord specifies in its response that Tenant shall remove any alteration(s), Tenant shall, at Tenant's sole cost and expense, (i) remove such alteration(s) at the expiration or termination of this Lease and (ii) repair any damage caused by such removal. Notwithstanding the foregoing, Landlord hereby acknowledges that Tenant shall have no obligation to remove the Tenant Improvements constructed pursuant to Exhibit C attached hereto. As used herein, "Building Systems" means any of the heating, ventilating and air-conditioning, mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building (excluding any supplemental HVAC systems or other systems installed by or for Tenant for Tenant's exclusive use). During the Term, any alterations shall be the property of Tenant, and Landlord shall not seek the benefits of depreciation deductions or income tax credit allowances for federal or state income reporting purposes with respect to any alterations which have been fully paid for by Tenant under this Article 12. Any such alterations, except trade fixtures, shall upon expiration or termination of this Lease become a part of the realty and belong to Landlord. Except as otherwise provided in this Lease, Tenant shall have the right to remove its trade fixtures placed upon the Leased Premises provided that Tenant restores the Leased Premises as indicated below. Notwithstanding the foregoing, Landlord’s consent shall not be required for any alteration to the interior of the Premises that complies with the following requirements: (1) is cosmetic in nature such as painting, (2) does not affect the roof or any area outside of the Premises or require work inside the walls or above the ceiling of the Premises; (3) does not affect the Structural parts of the Building or materially affect electrical, plumbing, HVAC or mechanical systems in the Building or servicing the Premises, or the sprinkler or other life safety system; and (4) costs less than $10,000.00 in the aggregate for all of such Alterations during a calendar year (herein referred to as “Minor Alteration”). Tenant shall provide Landlord with prior written notice of any Minor Alteration that requires a building permit.
Appears in 1 contract
Samples: Office Lease (Witness Systems Inc)
Consent of Landlord; Ownership. Notwithstanding anything to the contrary set forth in this Article 18, Landlord agrees that the provisions of this Article 18 shall not apply to the Tenant Improvements to be constructed by Tenant pursuant to Exhibit C hereto, the construction of which shall be governed by the terms and conditions of said Exhibit C. Tenant shall not make, make or suffer to be made, any allow alterations, additions or improvements, including, without limitation, including any alterations, additions or improvements that result in increased telecommunication demands or require the addition of new conduit, communication or computer wires, cables and or related devises or expand the number of telephone or communication lines dedicated to the Leased Premises by the Building’s 's telecommunication design design, (individually, an “alteration” and collectively, “alterations”"Alterations") to the Leased Premises, or any part thereof, Premises without the prior written consent of Landlord first had and obtainedLandlord, which consent shall not be unreasonably withheld, conditioned or delayed. Subject to Section 12.4 below, Tenant may not make any alterations, except trade fixtures, shall upon Alterations that affect structural elements of the Building. Upon expiration or termination of this Lease Lease, any Alterations except trade fixtures shall become a part of the realty and belong to Landlord. Except as otherwise provided in this Lease, Tenant shall have the right to remove its trade fixtures placed upon the Leased Premises provided that Tenant restores the Leased Premises as indicated below. Notwithstanding the foregoing, Tenant may, without the consent of Landlord’s consent shall not be required for any alteration , make non-structural Alterations to the interior of the Premises that complies with (i) do not exceed, in the following requirements: (1) is cosmetic aggregate, the sum of $25,000.00 in nature such as paintingany one calendar year, (2ii) does do not affect the roof or any area outside Building systems, the structural elements of the Premises Building, or require work inside the walls or above roof of the ceiling Building, and (iii) are not visible from the exterior of the Premises; (3) does not affect , provided that Tenant removes all such Alterations upon the Structural parts expiration or earlier termination of this Lease and restores the Building Premises to the condition existing prior to the making of such Alterations, all at Tenant's sole cost and expense. In the event of Landlord's consent to Alterations, or materially affect electrical, plumbing, HVAC or mechanical systems in the Building or servicing the Premisesevent that Tenant decides to make Alterations for which no consent is required hereunder, or the sprinkler or other life safety system; and (4) costs Tenant shall give Landlord not less than $10,000.00 in the aggregate for all of such Alterations during a calendar year ten (herein referred to as “Minor Alteration”). Tenant shall provide Landlord with 10) days prior written notice of any Minor Alteration the start of work on such Alterations so that requires a building permitLandlord may post notices of non-responsibility with respect thereto.
Appears in 1 contract