Common use of Fixtures and Alterations Clause in Contracts

Fixtures and Alterations. 12.1 Except as set forth in Exhibit B, the Tenant is specifically prohibited from renovating, altering, improving, and/or making any interior or exterior changes, or installing any equipment (other than normal office, laboratory, research, development and light manufacturing equipment) in the Premises without the prior approval of Landlord, which consent shall not be unreasonably withheld, delayed, or conditioned. Prior to the commencement of any work approved by Landlord, Tenant shall provide Landlord with a copy of a Building Permit for the approved work issued by the appropriate authority. Upon completion of the approved work, Tenant shall provide Landlord with a copy of the Certificate of Occupancy for the approved work issued by the appropriate authority. All of such work conducted by Tenant or at its direction shall be done at Tenant’s sole cost and expense, shall conform in all respects to Landlord’s standards and specifications, shall be done in a workmanlike manner, shall at all times comply with all applicable laws, rules, ordinances and regulations and in no way harm the structure of the Premises or the building. All of such changes, additions or alterations shall be made solely at the expense of the Tenant; and the Tenant agrees to protect, indemnify and save harmless the Landlord on account of any injury to third persons or property, by reason of any such changes, additions, or alterations, and to protect, indemnify and save harmless the Landlord from the payment of any claim of any kind or character on account of bills for labor or material in connection therewith. Before Tenant may do any work at the Leased Premises pursuant to this paragraph, Tenant must provide Landlord with a Certificate of Insurance in an amount reasonably satisfactory to Landlord, which insurance must provide the coverage required under this paragraph. Tenant shall make no structural changes, roof penetrations, exterior wall penetrations or alterations unless prior approval from the Landlord is obtained in writing, which approval may be granted or withheld in Landlord’s sole discretion. Landlord does hereby agree to Tenant installing three fume hoods in the laboratory space. 12.2 Tenant, may, at its expense install any interior lighting fixtures or other trade fixtures or equipment, and may at its expense repair, redecorate and/or paint the Leased Premises without the prior approval of the Landlord in writing, after submission of such plans and specifications to Landlord. All work done by Tenant hereunder shall be in accordance with all requirements of Paragraph 12.1 above. 12.3 Landlord herein reserves the right to request from the Tenant, Waivers of Lien in the event Tenant shall commence to do interior repairs to said premises. In the event the Landlord requests such Waivers of Lien, he shall supply the same to the Tenant and the Tenant shall have the same executed by all suppliers of material and labor to said Leased Premises prior to the commencement of said work.

Appears in 2 contracts

Samples: Commercial Lease (Biodel Inc), Commercial Lease (Biodel Inc)

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Fixtures and Alterations. 12.1 Except as set forth Lessee shall not, without Lessor’s prior written consent, attach any fixtures in Exhibit Bor to the Leased Premises or change, alter or make additions to the Tenant is specifically prohibited from renovatingLeased Premises, alteringnor attach or affix any article hereto, improvingnor permit any annoying sound device, and/or making overload any interior or exterior changesfloor, or installing deface the Leased Premises. Any attached fixtures or any equipment (other than normal officealterations, laboratoryadditions or improvements made to or attached by Lessee upon the Leased Premises shall, researchon the expiration or termination of this Lease, development if requested by Lessor, be promptly removed at Lessee’s expense and light manufacturing equipment) the Leased Premises restored by Lessee at its expense to its original condition, ordinary wear and tear excepted. Any such fixture, alteration, addition and/or improvement not requested to be removed shall remain in the Leased Premises without and shall become and remain the prior approval property of LandlordLessor. All of Lessee’s fixtures, which consent installations and personal property not removed from the Leased Premises upon the expiration or termination, and not required by Lessor to have been removed as provided in this paragraph, shall be conclusively presumed to have been abandoned by Lessee and title thereto shall pass to Lessor under this Lease as if by a xxxx of sale. Lessee has Lessor’s permission to install a floor drain from the existing bathrooms to the cooler. All costs for the installation of the floor drain will be at the Lessee’s expense. Lessee will comply with all Governmental regulations in installing the floor drain. Notwithstanding the foregoing: (i) Lessee shall not be unreasonably withheld, delayed, or conditioned. Prior obligated to the commencement of any work approved by Landlord, Tenant shall provide Landlord with a copy of a Building Permit for the approved work issued by the appropriate authority. Upon completion of the approved work, Tenant shall provide Landlord with a copy of the Certificate of Occupancy for the approved work issued by the appropriate authority. All of such work conducted by Tenant or at its direction shall be done at Tenant’s sole cost remove said floor drain and expense, shall conform in all respects to Landlord’s standards and specifications, shall be done in a workmanlike manner, shall at all times comply with all applicable laws, rules, ordinances and regulations and in no way harm the structure of the Premises or the building. All of such changes, additions or alterations shall be made solely at the expense of the Tenant; and the Tenant agrees to protect, indemnify and save harmless the Landlord on account of any injury to third persons or property, by reason of any such changes, additions, or alterations, and to protect, indemnify and save harmless the Landlord from the payment of any claim of any kind or character on account of bills for labor or material in connection therewith. Before Tenant may do any work at restore the Leased Premises pursuant to in connection therewith upon the expiration or termination of this paragraphLease, Tenant must provide Landlord with a Certificate of Insurance in an amount reasonably satisfactory to Landlord, which insurance must provide the coverage required under this paragraph. Tenant (ii) Lessee shall make no structural changes, roof penetrations, exterior wall penetrations or alterations unless prior approval from the Landlord is obtained in writing, which approval may be granted or withheld in Landlord’s sole discretion. Landlord does hereby agree to Tenant installing three fume hoods in the laboratory space. 12.2 Tenant, may, at its expense install any interior lighting fixtures or other trade fixtures or equipment, and may at its expense repair, redecorate and/or paint the Leased Premises without the prior approval of the Landlord in writing, after submission of such plans and specifications to Landlord. All work done by Tenant hereunder shall be in accordance with all requirements of Paragraph 12.1 above. 12.3 Landlord herein reserves have the right to request from remove its personal property, equipment, machinery and trade fixtures, whether or not they are attached to the TenantLeased Premises, Waivers and (iii) Lessor agrees that if Lessor has consented to any change, alteration, addition or improvement, then at the time of Lien such consent, Lessor shall also identify (in writing) the event Tenant shall commence to do interior repairs to said premises. In the event the Landlord requests such Waivers part(s), if any, of Lien, he shall supply the same that are to be removed upon the Tenant expiration or termination of this Lease and the Tenant shall have part(s), if any, of the same executed that are to remain the property of Lessor on the expiration or termination of this Lease. Any failure by all suppliers Lessor to make such identification in writing at the time consent is granted shall allow Lessee to determine whether or not to remove the change, alteration, addition or improvement upon the expiration or termination of material and labor to said Leased Premises prior to the commencement of said workthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Super Vision International Inc)

Fixtures and Alterations. 12.1 (a) Tenant may at its own expense paint, paper and change floor coverings in the interior of the Leased Premises, provided that (i) the structure of the Building or building systems are not affected and (ii) the exterior of the Building is not changed. (b) Except as set forth provided in Exhibit B(a) above, the Tenant is specifically prohibited from renovating, altering, improving, and/or making shall not make any interior or exterior changes, improvements, additions or installing alterations (collectively "Alterations") to nor do any equipment (other than normal office, laboratory, research, development and light manufacturing equipment) in work to the Leased Premises or to 488 MAIN without the first obtaining Landlord's prior approval of Landlordconsent, which consent shall not be unreasonably withheldwork, delayed, or conditioned. Prior to the commencement of any work if approved by Landlord, Tenant shall provide Landlord with a copy of a Building Permit for the approved work issued by the appropriate authority. Upon completion of the approved work, Tenant shall provide Landlord with a copy of the Certificate of Occupancy for the approved work issued by the appropriate authority. All of such work conducted by Tenant or at its direction shall be done at Tenant’s sole cost and expense, shall conform in all respects agrees to Landlord’s standards and specifications, shall be done do in a workmanlike manner, . Landlord shall at not be under any obligation to review a request for its consent until such time as Tenant supplies Landlord with the identities of all times comply with all applicable laws, rules, ordinances and regulations and in no way harm person supplying materials or services to the structure of the Leased Premises or the building. All of Property and, with mechanics lien waivers from all such changespersons or entities as set forth below. (c) Upon Tenant's vacating the Leased Premises, additions or alterations all Alterations shall be made solely at become the expense property of the Tenant; Landlord unless same can be and the are removed by Tenant agrees to protect, indemnify and save harmless the Landlord on account of any injury to third persons or property, by reason of any such changes, additions, or alterations, and to protect, indemnify and save harmless the Landlord from the payment of any claim of any kind or character on account of bills for labor or material in connection therewith. Before Tenant may do any work at without damaging the Leased Premises pursuant to this paragraphand, upon said removal, Tenant must provide shall restore the Leased Premises to the condition which existed prior to the removal of said Alterations. However, if Landlord with a Certificate of Insurance in an amount reasonably satisfactory to Landlordso directs, which insurance must provide the coverage required under this paragraph. Tenant shall make no structural changes, roof penetrations, exterior wall penetrations or alterations unless prior approval from the Landlord is obtained in writing, which approval may be granted or withheld in Landlord’s sole discretion. Landlord does hereby agree to Tenant installing three fume hoods in the laboratory space. 12.2 Tenant, may, remove all Alterations (excepting those constituting fixtures) at its expense install any interior lighting fixtures or other trade fixtures or equipment, and may at its expense repair, redecorate and/or paint promptly repair all damage to the Leased Premises without caused by the prior approval original installation of any Alterations and/or their subsequent removal. Any personalty of the Landlord in writing, Tenant not removed within ten days (after submission of such plans and specifications to Landlord. All work done by Tenant hereunder shall be in accordance with all requirements of Paragraph 12.1 above. 12.3 Landlord herein reserves the right to request from the Tenant, Waivers of Lien in the event Tenant shall commence 's demand to do interior repairs to said premises. In so) following the event termination of this Lease shall become, at Landlord's option, the Landlord requests such Waivers property of Lien, he shall supply the same to the Tenant and the Tenant shall have the same executed by all suppliers of material and labor to said Leased Premises prior to the commencement of said workLandlord.

Appears in 1 contract

Samples: Lease Agreement (Electronic Retailing Systems International Inc)

Fixtures and Alterations. 12.1 Except as set forth in Exhibit B, the Tenant is specifically prohibited from renovating, altering, improving, and/or making any interior or exterior changes, or installing any equipment (other than normal office, laboratory, research, development and light manufacturing equipment) in the Premises without the prior approval of Landlord, which consent shall not be unreasonably withheld, delayed, or conditioned. Prior to the commencement of any work approved by Landlord, Tenant shall provide Landlord with a copy of a Building Permit for the approved work issued by the appropriate authority. Upon completion of the approved work, Tenant shall provide Landlord with a copy of the Certificate of Occupancy for the approved work issued by the appropriate authority. All of such work conducted by Tenant or at its direction shall be done at Tenant’s sole cost and expense, shall conform in all respects to Landlord’s standards and specifications, shall be done in a workmanlike manner, shall at all times comply with all applicable laws, rules, ordinances and regulations and in no way harm the structure of the Premises or the building. All of such changes, additions or alterations shall be made solely at the expense of the Tenant; and the Tenant agrees to protect, indemnify and save harmless the Landlord on account of any injury to third persons or property, by reason of any such changes, additions, or alterations, and to protect, indemnify and save harmless the Landlord from the payment of any claim of any kind or character on account of bills for labor or material in connection therewith. Before Tenant may do any work at the Leased Premises pursuant to this paragraph, Tenant must provide Landlord with a Certificate of Insurance in an amount reasonably satisfactory to Landlord, which insurance must provide the coverage required under this paragraph. Tenant shall make no structural changes, roof penetrations, exterior wall penetrations or alterations unless prior approval from the Landlord is obtained in writing, which approval may be granted or withheld in Landlord’s sole discretion. Landlord does hereby agree to Tenant installing three fume hoods in the laboratory space. 12.2 Tenant, may, at its expense install any interior lighting fixtures or other trade fixtures -fixtures or equipment, and may at its expense repair, redecorate and/or paint the Leased Premises without the prior approval of the Landlord in writing, after submission of such plans and specifications to Landlord. All work done by Tenant hereunder shall be in accordance with all requirements of Paragraph 12.1 above. 12.3 Landlord herein reserves the right to request from the Tenant, Waivers of Lien in the event Tenant shall commence to do interior repairs to said premises. In the event the Landlord requests such Waivers of Lien, he shall supply the same to the Tenant and the Tenant shall have the same executed by all suppliers of material and labor to said Leased Premises prior to the commencement of said work.

Appears in 1 contract

Samples: Commercial Lease (Biodel Inc)

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Fixtures and Alterations. 12.1 Except as set forth in Exhibit Ba. All fixtures installed by Lessee shall be new or completely reconditioned. Lessee shall not make or cause to be made any alterations, the Tenant is specifically prohibited from renovatingadditions or improvements or install or cause to be installed any trade fixtures, alteringexterior signs, improvingfloor coverings, and/or making any interior or exterior changeslighting, plumbing fixtures, shades or installing awnings or make any equipment (other than normal office, laboratory, research, development changes to the building front without first obtaining Lessor's written approval and light manufacturing equipment) in the Premises without the prior approval of Landlordconsent, which consent shall not be unreasonably withheld. Lessee shall present to the Lessor plans and specifications for such work at the time approval is sought. b. It is understood that Lessee will not, delayedwithout first obtaining the written consent of Lessor, make any physical alteration in the leased premises or any of the fixtures thereon located. Any such physical changes and all rearrangements which are made by Lessee with the approval of Lessor shall be made at Lessee's expense. All alterations, decorations, additions and improvements made by the Lessee, or conditionedmade by the Lessor at Lessee's request and expense shall remain the property of the Lessee for the term of the Lease. Prior Such alterations, decorations, additions and improvements shall not be removed from the premises prior to the commencement end of any work approved by the term hereof without prior consent in writing from the Lessor. Upon expiration of this Lease, unless so stated in written Consent of Landlord, Tenant Lessee may remove all such alterations, decorations, additions and improvements, provided that it restores the leased premised as provided in Section 9 hereof. If Lessee fails to remove such alterations, decorations, additions and improvements and restore the leased premises, then upon the expiration of this Lease and upon Lessee's removal from the premises, all such alterations, decorations, additions and improvements shall provide Landlord with a copy become the property of a Building Permit for the approved work issued by the appropriate authorityLessor. Upon completion of the approved work, Tenant The foregoing provisions shall provide Landlord with a copy of the Certificate of Occupancy for the approved work issued by the appropriate authority. All of such work conducted by Tenant or at its direction shall be done at Tenant’s sole cost and expense, shall conform in all respects to Landlord’s standards and specifications, shall be done in a workmanlike manner, shall at all times comply with all applicable laws, rules, ordinances and regulations and in no way harm alter or alleviate Lessee's obligation under Section 9 hereof. c. Lessee shall promptly pay all of its contractors and materialmen, so as to minimize the structure possibility of a lien attaching to the Premises or the building. All of leased premises, and should any such changes, additions or alterations shall lien be made solely at the expense of the Tenant; and the Tenant agrees to protect, indemnify and save harmless the Landlord on account of any injury to third persons or property, filed by reason of any such changesfault of Lessee, additions, Lessee shall bond against or alterations, and to protect, indemnify and save harmless the Landlord from the payment of any claim of any kind or character on account of bills for labor or material in connection therewith. Before Tenant may do any work at the Leased Premises pursuant to this paragraph, Tenant must provide Landlord with a Certificate of Insurance in an amount reasonably satisfactory to Landlord, which insurance must provide the coverage required under this paragraph. Tenant shall make no structural changes, roof penetrations, exterior wall penetrations or alterations unless prior approval from the Landlord is obtained in writing, which approval may be granted or withheld in Landlord’s sole discretion. Landlord does hereby agree to Tenant installing three fume hoods in the laboratory space. 12.2 Tenant, may, at its expense install any interior lighting fixtures or other trade fixtures or equipment, and may at its expense repair, redecorate and/or paint the Leased Premises without the prior approval of the Landlord in writing, after submission of such plans and specifications to Landlord. All work done by Tenant hereunder shall be in accordance with all requirements of Paragraph 12.1 above. 12.3 Landlord herein reserves the right to request from the Tenant, Waivers of Lien in the event Tenant shall commence to do interior repairs to said premises. In the event the Landlord requests such Waivers of Lien, he shall supply discharge the same to the Tenant and the Tenant shall have the same executed within ten (10) days after written request by all suppliers of material and labor to said Leased Premises prior to the commencement of said workLessor.

Appears in 1 contract

Samples: Lease (Metris Companies Inc)

Fixtures and Alterations. 12.1 Except as set forth Sublessee shall make no alterations or changes to the Premises unless such changes and alterations are approved, in Exhibit Bwriting, by both Sublessor and the Tenant is specifically prohibited Prime Lessor said approval not to be unreasonably withheld or delayed by Sublessor. If Sublessee does not hear from renovatingSublessor within fourteen (14) days after receipt of such written application for changes and alterations, alteringSublessor's consent shall be deemed given. Sublessor will make a reasonable attempt to obtain Prime Lessor's consent, improving, and/or but shall in no event be liable for inability to do so. Sublessee shall submit plans and specifications to Sublessor and Prime Lessor for their written consent before making any interior changes or exterior changesalterations. Notwithstanding anything to the contrary contained herein, as a condition of Sublessor's approval, if Prime Lessor places any additional requirements on Sublessor such as removing any alterations or installing improvements at the expiration of the term of this Sublease, Sublessor may withhold its consent to Sublessee's request. Sublessee shall not permit any equipment (mechanics' or other than normal office, laboratory, research, development liens to stand against the premises for work or material furnished to it. Sublessor and light manufacturing equipment) in the Prime Lessor shall have the right to post a notice of non-responsibility on the Premises without with respect to any such work by Sublessee. All such changes and alterations as well as any installations of fixtures, appliances and/or equipment shall be undertaken and completed in a good and workmanlike manner and in compliance with all federal, state and local building and other laws, ordinances, codes, and regulations. If requested by Sublessor or Prime Lessor, Sublessee shall remove any alterations from the premises and make any alterations or replacements caused by such removal prior approval to the expiration or termination of Landlord, which consent this Sublease Agreement. PARAGRAPH 10 MECHANICS' LIENS Sublessee shall not do or suffer anything to be unreasonably withheld, delayed, done whereby the Premises shall be encumbered by any mechanic's or conditioned. Prior to the commencement of any work approved by Landlord, Tenant shall provide Landlord with a copy of a Building Permit other lien or order for the approved work issued by the appropriate authority. Upon completion payment of the approved workmoney, Tenant and Sublessee shall provide Landlord with a copy of the Certificate of Occupancy for the approved work issued by the appropriate authority. All of such work conducted by Tenant or at its direction shall be done at Tenant’s sole own cost and expense, shall conform in all respects whenever and as often as any mechanic's lien purporting to Landlord’s standards and specificationsbe for labor, material or services furnished or to be furnished to Sublessee, or other lien or order for the payment of money shall be done in a workmanlike mannerfiled against the Premises, cause the same to be canceled and discharged of record within ten (10) days after the date of filing thereof, and further shall at all times comply with all applicable laws, rules, ordinances and regulations and in no way harm the structure of the Premises or the building. All of such changes, additions or alterations shall be made solely at the expense of the Tenant; and the Tenant agrees to protect, indemnify and save harmless the Landlord on account of Sublessor and Prime Lessor from and against any injury to third persons and all costs, expenses, claims, losses or property, damages resulting therefrom or by reason of any such changes, additions, or alterations, and to protect, indemnify and save harmless the Landlord from the payment of any claim of any kind or character on account of bills for labor or material in connection therewith. Before Tenant may do any work at the Leased Premises pursuant to this paragraph, Tenant must provide Landlord with a Certificate of Insurance in an amount reasonably satisfactory to Landlord, which insurance must provide the coverage required under this paragraph. Tenant shall make no structural changes, roof penetrations, exterior wall penetrations or alterations unless prior approval from the Landlord is obtained in writing, which approval may be granted or withheld in Landlord’s sole discretion. Landlord does hereby agree to Tenant installing three fume hoods in the laboratory space. 12.2 Tenant, may, at its expense install any interior lighting fixtures or other trade fixtures or equipment, and may at its expense repair, redecorate and/or paint the Leased Premises without the prior approval of the Landlord in writing, after submission of such plans and specifications to Landlord. All work done by Tenant hereunder shall be in accordance with all requirements of Paragraph 12.1 above. 12.3 Landlord herein reserves the right to request from the Tenant, Waivers of Lien in the event Tenant shall commence to do interior repairs to said premisesthereof. In the event that any such lien shall be filed against the Landlord requests premises and not canceled or discharged within such Waivers of Lienten (10) day period, he shall supply the same to the Tenant and the Tenant Sublessor or Prime Lessor shall have the same executed by all suppliers right to pay said lien in full on Sublessee's behalf and Sublessee shall reimburse Sublessor or Prime Lessor for the cost thereof upon demand. Sublessee shall be permitted to remove its trade fixtures from the Premises at the expiration of material and labor to said Leased Premises prior termination of the Sublease to the commencement of said workextent Sublessor is permitted to do so under the Prime Lease and further provided that Sublessee repairs any damage caused by such removal.

Appears in 1 contract

Samples: Lease (Changepoint Corp)

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