Improvements; Alterations. a) Lessee shall not make or permit any alterations or improvements to the Premises weaken the structural strength, lessen the value of, or change the architectural appearance of the building or other construction except with the prior written consent of Lessor. Lessor may, as a further condition to giving consent thereto, require Lessee to post bond with Lessor in the sum equal to estimated cost of said alteration, addition, or improvements securing the Lessor against loss, claim or leans by reason of the installation thereof. All alterations, additions, or improvements to the Premises shall be done in a workmanlike manner and shall remain for the benefit of the Lessor. Lessee shall give Lessor written notice at least ten (10) days in advance of the commencement of any alteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibility. b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises. i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order. ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease. c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Samples: Lease Agreement
Improvements; Alterations. a6.1 Tenant, at its sole cost and expense, shall perform its obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”) Lessee as provided in the “Construction Rider” at Exhibit E attached hereto and incorporated herein. Landlord, at its sole cost and expense, shall perform its obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Landlord Improvements”) as provided in the Construction Rider at Exhibit E attached hereto and incorporated herein. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or permit any alterations or improvements changes to the Premises weaken (“Alterations”), without Landlord’s prior written consent, not to be unreasonably withheld; provided, however, Tenant shall have the structural strengthright to make any Alterations to the Premises, lessen without Landlord’s consent, if the value ofsame do not exceed a cost of $50,000.00 and do not constitute structural, building systems, or change weight-bearing Alterations to the architectural appearance Premises. Any such Tenant Improvements or Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner; (ii) in compliance with plans and specifications reasonably approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time for the Building; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all conditions which Landlord may reasonably impose. Such conditions may include requirements for Tenant to: (a) provide evidence of performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (b) use contractors or subcontractors approved by Landlord; and (c) remove all or part of the building Alterations prior to or upon expiration or termination of the Term, as approved by Landlord in writing, subject to Landlord’s repair obligations set forth in Section 7 below. If any work outside the Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a direct result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors approved by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractors and other aspects of construction work proposed by Tenant with respect to Tenant Improvements or Alterations is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other construction except with the prior requirements. Except as otherwise provided in Landlord’s written consent of Lessor. Lessor may, as a further condition to giving consent thereto, require Lessee to post bond with Lessor for alterations or in the sum equal to estimated cost of said alterationConstruction Rider for Tenant Improvements, additionall Alterations, or improvements securing the Lessor against lossTenant Improvements, claim or leans by reason and Landlord Improvements shall upon installation become part of the installation thereofrealty and be the property of Landlord.
6.2 Before making any Alterations, Tenant shall submit to Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license. All alterationsTenant shall obtain all applicable permits, additionsauthorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations.
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or improvements obligations incurred by Tenant when performing any work in or upon the Premises including Alterations and Tenant Improvements. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within thirty (30) days after Tenant receives actual knowledge of the attachment thereof, then, Landlord shall have the right but not the obligation to cause the same to be released, and any sums reasonably expended by Landlord in connection therewith shall be done in a workmanlike manner and shall remain for the benefit of the Lessor. Lessee shall give Lessor written notice at least payable by Tenant ten (10) days after written demand with interest thereon from the date which is the 11th day after Landlord’s notice at the Interest Rate (as defined in advance of Section 16.2—Interest). Tenant shall give Landlord reasonable notice prior to the commencement of any alteration, addition or improvement upon the Premises so Lessor may post appropriate notice Alterations and reasonably cooperate with Landlord in posting and maintaining notices of non- responsibilitynon-responsibility in connection therewith.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related 6.4 Subject to the improvements and alterations on the Premises, as stipulated in Attachment C provisions of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.Section 5—
Appears in 1 contract
Samples: Lease Agreement (PharMEDium Healthcare Holdings, Inc.)
Improvements; Alterations. a) Lessee shall not make or permit any alterations or Except as expressly set forth in this Lease, improvements to the Premises weaken shall be installed at the structural strength, lessen the value of, or change the architectural appearance expense of the building or other construction except Tenant in accordance with the attached Exhibit “D”. No alterations or physical additions in or to the Premises may be made without Landlord’s prior written consent. At the time that Landlord gives any consent of Lessor. Lessor mayto Tenant for alterations, as a further condition to giving consent thereto, require Lessee to post bond with Lessor in the sum equal to estimated cost of said alteration, additionphysical additions, or improvements securing in or to the Lessor against lossPremises, claim or leans by reason Landlord shall specifically designate in writing: (i) each of the installation thereof. All approved alterations or additions, if any, that Tenant will be required to remove from the Premises at the end of the Term and the restoration requirements that will be associated with such removal; and (ii) all alterations, additions, or improvements (whether temporary or permanent in character, and including without limitation all air-conditioning equipment and all other equipment that is in any manner connected to the Building’s plumbing system) made in or upon the Premises that will be Landlord’s property at the end of the Term and remain on the Premises without compensation to Tenant. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Approval by Landlord of any of Tenant’s drawings and plans and specifications prepared in connection with any improvements in the Premises shall not constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications, or the improvements to which they relate, for any use, purpose, or condition, but such approval shall merely be done the consent of Landlord as required hereunder. Notwithstanding anything in a workmanlike manner and this Lease to the contrary, Landlord shall remain be responsible to deliver the Premises to Tenant with all base building work for the benefit of the Lessor. Lessee shall give Lessor written notice at least ten (10) days in advance of the commencement of any alteration, addition or improvement upon Building and the Premises so Lessor may post appropriate notice of non- responsibility.
bcompleted (subject to typical punch list items) If applicablein accordance with Landlord’s approved base building plans for the Building, which are attached hereto as Exhibit “G” and in compliance with all applicable laws, codes, regulations, permits, approvals, and orders (collectively “Laws”), including without limitation, the following conditions must be satisfied prior to occupancy Americans With Disabilities Act of the Premises.
i) Lessee has reimbursed to Lessor 1990 and all costs for rules, regulations, and related to the improvements and alterations on the Premisesguidelines promulgated thereunder, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state state, and local lawsaccessibility Laws as each of the same may be amended from time to time (collectively the “ADA”). Subsequent to Landlord’s delivery of the Premises to Tenant as described above and in Exhibit “D” hereto, Tenant shall be responsible for the cost of all work required to comply with the retrofit requirements of the ADA, where and to the extent that such work is necessitated by any installations, additions, or alterations made in or to the Premises at the request of or by Tenant or by Tenant’s use of the Premises, regardless of whether such cost is incurred in connection with retrofit work required in the Premises or in other areas of the Building. Except for Tenant’s foregoing obligations with respect to the Premises, Landlord shall deliver the Premises to Tenant in compliance with all Laws, including the ADA, and shall at all times during the Term be responsible to maintain the Project and the Building (other than the Premises) in compliance with such Laws.
Appears in 1 contract
Improvements; Alterations. a) Lessee shall not make or permit any alterations or improvements Improvements to the Premises weaken shall be installed at Tenant’s expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, which approval shall be governed by the structural strengthprovisions set forth in this Section 8(a). No alterations or physical additions in or to the Premises may be made without Landlord’s prior written consent, lessen which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any alteration or addition that would adversely affect (in the value ofreasonable discretion of Landlord) (1) the Building’s Structure or the Building’s Systems (including the Building’s restrooms or mechanical rooms), or change the architectural (2) exterior appearance of the building Building, (3) appearance of the Building’s common areas or elevator lobby areas, or (4) provision of services to other construction except with occupants of the Building. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type visible from the exterior of the Premises without the prior written consent of LessorLandlord, which consent may be withheld in Landlord’s sole and absolute discretion. Lessor mayNotwithstanding the foregoing, Tenant shall not be required to obtain Landlord’s consent for repainting, recarpeting, or other alterations, tenant improvements, alterations or physical additions to the Premises which are cosmetic in nature totaling less than $50,000 in any single instance or series of related alterations performed within a six-month period (provided that Tenant shall not perform any improvements, alterations or additions to the Premises in stages as a further condition means to giving consent theretosubvert this provision), require Lessee in each case provided that (A) Tenant delivers to post bond with Lessor in Landlord written notice thereof, a list of contractors and subcontractors to perform the sum equal work (and certificates of insurance for each such party) and any plans and specifications therefor prior to estimated cost of said alterationcommencing any such alterations, additionadditions, or improvements securing (for informational purposes only so long as no consent is required by Landlord as required by this Lease), (B) the Lessor against lossinstallation thereof does not require the issuance of any building permit or other governmental approval, claim or leans by reason involve any core drilling or the configuration or location of any exterior or interior walls of the installation thereofBuilding, and (C) such alterations, additions and improvements will not affect (i) the Building’s Structure or the Building’s Systems, (ii) the provision of services to other Building tenants, or (iii) the appearance of the Building’s common areas or the exterior of the Building. Notwithstanding the foregoing, the referenced $50,000 cost limitation shall not apply to a project involving only carpeting and/or painting, provided that the other qualifications of the immediately preceding sentence are satisfied. All alterations, additions, and improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord’s consent to or approval of any alterations, additions or improvements to (or the Premises plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be done in a workmanlike manner and shall remain solely responsible for the benefit of the Lessor. Lessee shall give Lessor written notice at least ten (10) days in advance of the commencement of any alteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibilityensuring all such compliance.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Improvements; Alterations. a) Lessee 8.1.1 Tenant shall not make make, or permit allow to be made, any alterations alterations, physical additions, improvements or improvements partitions, including without limitation the attachment of any fixtures or equipment, in, about or to the Premises weaken the structural strength, lessen the value of, or change the architectural appearance of the building or other construction except with ("Alterations") without obtaining the prior written consent of LessorLandlord, which consent shall not be unreasonably withheld with respect to proposed Alterations which:
(1) comply with all applicable Regulations; (2) are, in Landlord's opinion, compatible with the Building or the Project and its mechanical, plumbing, electrical, heating/ventilation/air conditioning systems, and will not cause the Building or Project or such systems to be required to be modified to comply with any Regulations (including, without limitation, the Americans With Disabilities Act); and (3) will not interfere with the use and occupancy of any other portion of the Building or Project by any other tenant or its invitees. Lessor Specifically, but without limiting the generality of the foregoing, Landlord shall have the right of written consent for all plans and specifications for the proposed Alterations, construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to be employed on the work of Alterations, and the time for performance of such work, and may impose rules and regulations for contractors and subcontractors performing such work. Tenant shall also supply to Landlord any documents and information reasonably requested by Landlord in connection with Landlord's consideration of a request for approval hereunder. Tenant shall cause all Alterations to be accomplished in a good and workmanlike manner, and to comply with all applicable Regulations. Tenant shall at Tenant's sole expense, perform any additional work required under applicable Regulations due to the Alterations hereunder. No review or consent by Landlord of or to any proposed Alteration or additional work shall constitute a waiver of Tenant's obligations under this Paragraph 8.
1. Tenant shall reimburse Landlord for all costs which Landlord may incur in connection with granting approval to Tenant for any Alterations beyond those originally agreed upon at the commencement of the Lease, including any costs or expenses which Landlord may incur in electing to have outside architects and engineers review said plans and specifications. All such Alterations shall remain the property of Tenant until the expiration or earlier termination of this Lease, at which time they shall be and become the property of Landlord; provided, however, that Landlord may, as a further condition to giving consent theretoat Landlord's option, require Lessee that Tenant, at Tenant's expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to post bond with Lessor in their condition existing prior to the sum equal to estimated cost construction of said alteration, addition, or improvements securing the Lessor against loss, claim or leans by reason of the installation thereofany such Alterations. All alterations, additions, or improvements such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense.
8.1.2 Notwithstanding the foregoing, at Landlord's option (but without obligation), all or any portion of the Alterations shall be done in a workmanlike manner performed by Landlord for Tenant's account and Tenant shall remain for the benefit pay Landlord's estimate of the Lessorcost thereof (including a reasonable charge for Landlord's overhead and profit) prior to commencement of the work. Lessee In addition, at Landlord's election and notwithstanding the foregoing, however, Tenant shall give Lessor written notice at pay to Landlord the cost of removing any such Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord's overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease.
8.1.3 At least ten (10) business days in advance before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of any alteration, addition or improvement upon the Premises so Lessor may that construction to permit Landlord to post appropriate and record a notice of non- non-responsibility.
b) If applicable. Upon substantial completion of construction, if the following conditions must law so provides, Tenant shall cause a timely notice of completion to be satisfied prior to occupancy recorded in the office of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all recorder of the other insurance matters described county in said Paragraph 22 of this Leasewhich the Building is located.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Improvements; Alterations. a) Lessee shall not make or permit any alterations or improvements Improvements to the Premises weaken shall be installed at Tenant's expense only except for Landlord's allowance above in accordance with plans and specifications which have been previously submitted to, and approved in writing by, Lanlord. No alterations or physical additions in or to the structural strengthPremises may be made without Landlord's prior written consent, lessen the value ofwhich shall not be unreasonably withheld, or change delayed; however, Landlord may withhold its consent to any alteration or addition that would affect the architectural Building's structure or its HVAC, plumbing, electrical, or mechanical systems. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type which would affect the appearance of the building exterior of the Building or other construction except with of any common areas of the Building without the prior written consent of Lessor. Lessor mayLandlord, as a further condition to giving consent thereto, require Lessee to post bond with Lessor in the sum equal to estimated cost of said alteration, additionwhich shall not be unreasonably withheld, or improvements securing the Lessor against loss, claim or leans by reason of the installation thereofdelayed. All alterations, additions, or improvements made in or upon the Premises shall, at Landlord's option, either be removed by Tenant prior to the end of the Term (and Tenant shall repair all damage caused thereby), or shall remain on the Premises at the end of the Term without compensation to Tenant; provided, however, Landlord shall notify Tenant at the time of any such approval whether Landlord will require Tenant to remove such improvements at the end of the Term. All alterations, additions, and improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord's approval of the plans and specifications therefor shall not be a representation by Landlord that such alterations, additions, or improvements comply with any Law. Notwithstanding any other provision in this Section, Tenant shall be entitled to make nonstructural, cosmetic alterations or improvements to the Premises without Landlord's consent or approval; provided however, any alterations or improvements exceeding an aggregate value of $25,000 in any calendar year shall be done in a workmanlike manner and shall remain for the benefit of the Lessor. Lessee shall give Lessor written notice at least ten (10) days in advance of the commencement of any alteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibilityrequire Landlord's approval.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Samples: Sublease (Paypal Inc)
Improvements; Alterations. a) Lessee shall not make or permit any alterations or improvements Improvements to the Premises weaken shall be installed at the structural strengthexpense of Tenant only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, lessen which approval shall not be unreasonably withheld, conditioned or delayed. After the value ofinitial Tenant improvements are made, no alterations or physical additions in or to the Premises may be made without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or change advertising media of any type on or about the architectural appearance of the building or other construction except with Premises without the prior written consent of Lessor. Lessor mayLandlord, as a further condition to giving which consent theretoshall not be unreasonably withheld, require Lessee to post bond with Lessor in the sum equal to estimated cost of said alteration, addition, conditioned or improvements securing the Lessor against loss, claim or leans by reason of the installation thereofdelayed. All alterations, additions, or improvements (whether temporary or permanent in character, and including without limitation all air-conditioning equipment and all other equipment that is in any manner connected to the Building’s plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord’s property at the end of the Term and shall remain on the Premises without compensation to Tenant. Notwithstanding the foregoing, Tenant shall have the right to make non-structural alterations to the Premises so long as (i) they do not affect any Building systems such as mechanical, electrical or plumbing systems (ie movement of a wall likely affects HVAC systems and would require Landlord approval), (ii) they do not exceed a cost of $20,000, and (iii) Tenant gives Landlord fifteen (15) days prior written notice of Tenant’s intention of constructing such improvements including a description of the improvements to be installed. Approval by Landlord of any of Tenant’s drawings and plans and specifications prepared in connection with any improvements in the Premises shall not constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications, or the improvements to which they relate, for any use, purpose, or condition, but such approval shall merely be the consent of Landlord as required hereunder. Notwithstanding anything in this Lease to the contrary, Tenant shall be done in a workmanlike manner and shall remain responsible for the benefit cost of all work required to comply with the retrofit requirements of the Lessor. Lessee shall give Lessor written notice Americans with Disabilities Act of 1990, and all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the Premises at least ten (10) days in advance the request of or by Tenant or by Tenant’s use of the commencement Premises (other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of any alteration, addition or improvement upon whether such cost is incurred in connection with retrofit work required in the Premises so Lessor may post appropriate notice (including the Work described in Exhibit D) or in other areas of non- responsibility.
b) If applicablethe Building. Landlord represents that, to Landlord’s knowledge, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor Project complies and/or will comply with all laws Federal ADA and regulations applicable TAS standards in all material respects as well as all other current (as of the date hereof) governmental regulations, in all material respects, that apply to such improvements, including but not limited to similar office building codes, fire codes, handicapped access and other federal, state and local lawsprojects.
Appears in 1 contract
Samples: Lease Agreement (Arthrocare Corp)
Improvements; Alterations. a) Lessee shall not make or permit any alterations or improvements Improvements to the Premises weaken shall be installed at the structural strengthexpense of Tenant only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. After the initial Tenant improvements are made, lessen no alterations or physical additions in or to the value ofPremises may be made without Landlord's prior written consent. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or change advertising media of any type on or about the architectural appearance of the building or other construction except with Premises without the prior written consent of Lessor. Lessor may, as a further condition to giving consent thereto, require Lessee to post bond with Lessor in the sum equal to estimated cost of said alteration, addition, or improvements securing the Lessor against loss, claim or leans by reason of the installation thereofLandlord. All alterations, additions, or improvements (whether temporary or permanent in character, and including without limitation all air-conditioning equipment and all other equipment that is in any manner connected to the Building's plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property at the end of the Term and shall remain on the Premises without compensation to Tenant. Approval by Landlord of any of Tenant's drawings and plans and specifications prepared in connection with any improvements in the Premises shall not constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications, or the improvements to which they relate, for any use, purpose, or condition, but such approval shall merely be the consent of Landlord as required hereunder. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for the cost of all work within the Premises required to comply with the retrofit requirements of the Americans with Disabilities Act of 1990, and all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time (the "ADA"), necessitated by any installations, additions, or alterations made in or to the Premises at the request of or by Tenant or by Tenant's use of the Premises (other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), and Landlord shall be done in a workmanlike manner and shall remain responsible for the benefit cost of all work required to comply with the ADA in connection with other areas of the LessorBuilding. Lessee shall give Lessor written notice at least ten (10) days in advance Notwithstanding the foregoing, all moveable partitions, cubical furniture and de-mountable wall systems are to be considered personal property of the commencement of any alterationTenant (similar to furniture) and may be erected, addition or improvement upon moved, re-configured and removed, including minor electrical connections, without consent from Landlord provided that the Premises so Lessor may post appropriate notice of non- responsibility.
b) If applicable, the following conditions must be satisfied prior Building is returned to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work its original or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change ordersatisfactory condition after such removal.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Improvements; Alterations. a) Lessee shall not make or permit any alterations or improvements Improvements to the Premises weaken shall be installed at Tenant's expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. No alterations or physical additions in or to the structural strengthPremises may be made without Landlord's prior written consent, lessen which shall not be unreasonably withheld, delayed or conditioned; however, Landlord may withhold its consent to any alteration or addition that would adversely affect the value ofBuilding's structure or adversely affect its HVAC, plumbing, electrical, or change mechanical systems. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the architectural appearance of the building or other construction except with Premises without the prior written consent of Lessor. Lessor mayLandlord, as a further condition which shall not be unreasonably withheld, delayed or conditioned; however, Landlord may withhold its consent to giving consent thereto, require Lessee to post bond with Lessor in any such painting or installation which would affect the sum equal to estimated cost of said alteration, addition, or improvements securing the Lessor against loss, claim or leans by reason appearance of the installation thereofexterior of the Building or of any common areas of the Building. All alterations, additions, or improvements made in or upon the Premises shall, at Landlord's option, either be removed by Tenant prior to the Premises end of the Term (and Tenant shall be done in a workmanlike manner and repair all damage caused thereby), or shall remain for on the benefit Premises at the end of the LessorTerm without compensation to Tenant. Lessee shall give Lessor written notice at least ten (10) days in advance of the commencement of any Whenever Tenant applies to Landlord for consent to a proposed alteration, addition or improvement that includes items in the nature of fixtures to real property, in connection with any consent that Landlord might give, Landlord shall advise Tenant by notice whether Landlord will require Tenant to remove or to leave behind such items upon the Premises so Lessor may post appropriate notice of non- responsibility.
b) If applicable, the following conditions must be satisfied prior to occupancy expiration of the Premises.
i) Lessee has reimbursed to Lessor all costs for Term. All alterations, additions, and related to the improvements shall be constructed, maintained, and alterations on the Premisesused by Tenant, as stipulated at its risk and expense, in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee accordance with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable citylaws; Landlord's approval of the plans and specifications therefor shall not be a representation by Landlord that such alterations, county and state fees. Lessee and Lessor agree that any change in scope of work additions, or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and improvements comply with all of the other insurance matters described in said Paragraph 22 of this Leaseany law.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Improvements; Alterations. a) Lessee 8.1.1. Tenant shall not make make, or permit allow to be made, any alterations alterations, physical additions, improvements or improvements partitions, including without limitation the attachment of any fixtures or equipment, in, about or to the Premises weaken the structural strength, lessen the value of, or change the architectural appearance of the building or other construction except with ("ALTERATIONS") without obtaining the prior written consent of LessorLandlord, which consent shall not be unreasonably withheld with respect to proposed Alterations which:
(1) comply with all applicable Regulations; (2) are, in Landlord's opinion, compatible with the Building or the Project and its mechanical, plumbing, electrical, heating/ventilation/air conditioning systems, and will not cause the Building or Project or such systems to be required to be modified to comply with any Regulations (including, without limitation, the Americans With Disabilities Act); and (3) will not interfere with the use and occupancy of any other portion of the Building or Project by any other tenant or its invitees. Lessor Specifically, but without limiting the generality of the foregoing, Landlord shall have the right of written consent for all plans and specifications for the proposed Alterations, construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to be employed on the work of Alterations, and the time for performance of such work, and may impose rules and regulations for contractors and subcontractors performing such work. Tenant shall also supply to Landlord any documents and information reasonably requested by Landlord in connection with Landlord's consideration of a request for approval hereunder. Tenant shall cause all Alterations to be accomplished in a good and workmanlike manner, and to comply with all applicable Regulations. Tenant shall at Tenant's sole expense, perform any additional work required under applicable Regulations due to the Alterations hereunder. No review or consent by Landlord of or to any proposed Alteration or additional work shall constitute a waiver of Tenant's obligations under this Paragraph 8.
1. Tenant shall reimburse Landlord for all costs which Landlord may incur in connection with granting approval to Tenant for any such Alterations, including any costs or expenses which Landlord may incur in electing to have outside architects and engineers review said plans and specifications. All such Alterations shall remain the property of Tenant until the expiration or earlier termination of this Lease, at which time they shall be and become the property of Landlord; provided, however, that Landlord may, as a further condition to giving consent theretoat Landlord's option, require Lessee that Tenant, at Tenant's expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to post bond with Lessor their condition existing prior to the construction of any such Alterations. Ail such removals and restoration shall be accomplished in the sum equal a first-class and good and workmanlike manner so as not to estimated cost of said alteration, addition, or improvements securing the Lessor against loss, claim or leans by reason of the installation thereof. All alterations, additions, or improvements cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense.
8.1.2. Notwithstanding the foregoing, at Landlord's option (but without obligation), all or any portion of the Alterations shall be done in a workmanlike manner performed by Landlord for Tenant's account and Tenant shall remain for the benefit pay Landlord's estimate of the Lessorcost thereof (including a reasonable charge for Landlord's overhead and profit) prior to commencement of the work. Lessee In addition, at Landlord's election and notwithstanding the foregoing, however, Tenant shall give Lessor written notice at pay to Landlord the cost of removing any such Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord's overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease.
8.1.3. At least ten (10) business days in advance before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of any alteration, addition or improvement upon the Premises so Lessor may that construction to permit Landlord to post appropriate and record a notice of non- non-responsibility.
b) If applicable. Upon substantial completion of construction, if the following conditions must law so provides, Tenant shall cause a timely notice of completion to be satisfied prior to occupancy recorded in the office of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all recorder of the other insurance matters described county in said Paragraph 22 of this Leasewhich the Building is located.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Samples: Lease Agreement (Qorus Com Inc)
Improvements; Alterations. aTenant's final MENTS; ------------------------- ALTERATIONS; improvements as depicted in the plans (the "Final REPAIRS; Plans") Lessee to be approved by Landlord and Tenant, such MAINTENANCE approval not to be unreasonably withheld, shall not make or permit any alterations or be completed by Tenant; provided, however, that the Fixed Construction allowance shall be paid to Tenant upon completion of its leasehold improvements as provided in Exhibit D attached hereto. Improvements to the Premises weaken shall be installed at the structural strengthexpense of Tenant only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. After the initial Tenant improvements are made, lessen no material alterations or physical additions in or to the value ofPremises may be made without Landlord's prior written consent. Tenant shall not install signs, window or door lettering, or change advertising media of any type on or about the architectural appearance of the building or other construction except with Premises without the prior written consent of Lessor. Lessor may, as a further condition to giving consent thereto, require Lessee to post bond with Lessor in the sum equal to estimated cost of said alteration, addition, or improvements securing the Lessor against loss, claim or leans by reason of the installation thereofLandlord. All alterations, additions, or improvements (whether temporary or permanent in character, and including without limitation all air-conditioning equipment and all other equipment that is in any manner connected to the Building's plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property at the end of the Term and shall remain on the Premises without compensation to Tenant unless Landlord has given prior written consent for removal in the Final Plans. Approval by Landlord of any of Tenant's drawings and plans and specifications prepared in connection with any improvements in the Premises shall not constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications, or the improvements to which they relate, for any use, purpose, or condition, but such approval shall merely be the consent of Landlord as required hereunder. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for the cost of all work required to bring the interior of the Premises into compliance with the retrofit requirements of the Americans with Disabilities Act of 1990, and all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the Premises shall be done in a workmanlike manner and shall remain for at the benefit request of or by Tenant or by Tenant's use of the Lessor. Lessee shall give Lessor written notice at least ten Premises (10other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of whether such cost is incurred in connection with retrofit work required in the Premises (including the Work described in Exhibit D) days or in advance other areas of the commencement of any alteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibilityBuilding.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Samples: Lease Agreement (Intira Corp)
Improvements; Alterations. a) Lessee shall not make or permit any alterations or improvements Landlord will afford Tenant an allowance of $30.00 per rentable square foot to cover the cost of certain non-structural, tenant improvements, including all architectural related fees, to be made to the Premises weaken by Tenant, as more particularly described in the structural strengthWorkletter. The cost of any tenant improvements and all fees and expenses relating thereto in excess of the amount of said allowance shall be borne and paid for by Tenant. Landlord will enter into a contract with the general contractor to perform the alterations and tenant improvements. No other alterations or physical additions in or to the Premises may be made without Landlord's prior written consent. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, lessen the value ofplumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door lettering, or change advertising media of any type on or about the architectural appearance of the building or other construction except with Premises without the prior written consent of LessorLandlord. Lessor may, as a further condition Landlord may withhold its consent to giving consent thereto, require Lessee to post bond with Lessor in any such painting or installation which could affect the sum equal to estimated cost of said alteration, addition, or improvements securing the Lessor against loss, claim or leans by reason appearance of the installation thereofexterior of the Building or of any common areas of the Building. All alterations, additions, and improvements installed in the Premises must be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and (ii) constructed, maintained and used by Tenant at its own risk and expense in accordance with all laws. Landlord's approval of the plans and specifications is not a representation by Landlord that such alterations, additions, or improvements comply with any law. Prior to commencing any work, Tenant agrees to pay to Landlord a supervisory and administrative fee equal to five percent (5%) of the cost of any alterations, additions or improvements performed by Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises shall be done in a workmanlike manner and shall remain for upon the benefit of the Lessor. Lessee shall give Lessor written notice at least ten (10) days in advance of the commencement completion of any alterationalterations, addition additions or improvement upon the Premises so Lessor may post appropriate notice of non- responsibilityimprovements.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Samples: Lease Agreement (Hotjobs Com LTD)
Improvements; Alterations. a) Lessee shall not make or permit any alterations or improvements Improvements to the Premises weaken shall be installed at Tenant’s expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, which approval shall be governed by the structural strengthprovisions set forth in this Section 8.1. No alterations or physical additions in or to the Premises may be made without Landlord’s prior written consent, lessen which shall not be unreasonably withheld, conditioned or delayed; however, Landlord may withhold its consent to any alteration or addition that would (a) adversely affect more than to a de minimis extent (in the value ofreasonable discretion of Landlord) the Building’s Structure or the Building’s Systems (including the Project’s restrooms), or change (b) affect more than to a de minimis extent (in the architectural sole but reasonable discretion of Landlord) the exterior appearance of the building Project. Tenant shall not install decorations, signs, window or other construction except with door lettering, or advertising media of any type visible from the exterior of the Premises without the prior written consent of LessorLandlord, which consent may be withheld in Landlord’s sole and absolute discretion. Lessor mayNotwithstanding the foregoing, Tenant shall not be required to obtain Landlord’s consent for (1) repainting or recarpeting (regardless of the cost), or (2) other alterations, tenant improvements, or physical additions to the Premises which are cosmetic in nature totaling less than $375,000 (which amount shall be increased by 10% every five years) in any single instance or series of related alterations performed within a six-month period (provided that Tenant shall not perform any improvements, alterations or additions to the Premises in stages as a further condition means to giving consent theretosubvert this provision), require Lessee in each case provided that (A) Tenant delivers to post bond with Lessor in Landlord written notice thereof, a list of contractors and subcontractors to perform the sum equal work (and certificates of insurance for each such party) and any plans and specifications therefor prior to estimated cost of said alterationcommencing any such alterations, additionadditions, or improvements securing (for informational purposes only so long as no consent is required by Landlord as required by this Lease), (B) the Lessor against lossinstallation thereof does not require the issuance of any building permit or other governmental approval, claim or leans by reason involve any core drilling or the configuration or location of any exterior or interior walls of the installation thereofBuilding, and (C) such alterations, additions and improvements will not affect (i) the Building’s Structure or the Building’s Systems, or (ii) the appearance of the exterior of the Building. All alterations, additions, and improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord’s consent to or approval of any alterations, additions or improvements to (or the Premises plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be done in a workmanlike manner and shall remain solely responsible for the benefit of the Lessor. Lessee shall give Lessor written notice at least ten (10) days in advance of the commencement of any alteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibilityensuring all such compliance.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Samples: Lease Agreement (Ciena Corp)
Improvements; Alterations. a) Lessee shall not make or permit any alterations or improvements to the Premises weaken the structural strength, lessen the value of, or change the architectural appearance of the building or other construction except with the prior written consent of LessorXxxxxx. Lessor may, as a further condition to giving consent thereto, require Lessee to post bond with Lessor Xxxxxx in the sum equal to estimated cost of said alteration, addition, or improvements securing the Lessor against loss, claim or leans by reason of the installation thereof. All alterations, additions, or improvements to the Premises shall be done in a workmanlike manner and shall remain for the benefit of the Lessor. Lessee shall give Lessor written notice at least ten (10) days in advance of the commencement of any alteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibility.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee Xxxxxx has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of LessorXxxxxx's presenting Lessee Xxxxxx with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee Xxxxxx and Lessor Xxxxxx agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of LessorXxxxxx. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Samples: Lease Agreement
Improvements; Alterations. a) Lessee The Lessee/s shall not at any time make any alteration, internal or permit any alterations external, addition, improvement or improvements other change, such as changes to structural/loadbearing walls or colour schemes, to the Premises weaken the structural strength, lessen the value of, or change the architectural appearance of the building or other construction Property except with the prior written consent of the Lessor. Lessor maySuch consent shall lie within the absolute discretion of the Lessor, as who is not obliged to give any reason for refusal. As a further condition to giving evaluating any request by the Lessee/s pursuant to this section, the Lessor may require the Lessee/s to provide plans, specifications or more information to evaluate the request. Should the Lessor give his consent theretoto such improvements or alterations, require Lessee the works shall be affected in accordance with the conditions laid down by the Lessor and respective authorities, and under the supervision of an architect approved by the Lessor. Any costs whatsoever related to post bond with Lessor in such alterations and/or improvements are to be borne solely by the sum equal to estimated cost Lessee/s. The Lessee/s shall not, under any circumstances, alter the façade or the existing apertures of said alteration, additionthe Property. The installation of any air conditioners, or improvements securing any other fixed appliances, by the Lessee/s must be authorised by the Lessor against lossand must be maintained and/or services by the Lessee/s. Upon expiry or termination of this lease, claim or leans by reason any air conditioners shall become the property of the installation thereofLessor. All Furthermore, should the Lessor accept the removal of such appliances upon termination of the Agrteement, any expenses incurred for the removal of air conditioning units and any re-plastering and painting as may be necessary shall be carried out by the Lessee/s to the full satisfaction of the Lessor and at the sole expense of the Lessee/s. The Lessor reserves the right to carry out any alterations, additions, improvements or improvements any other changes to the Premises Property throughout the term of this Agreement, and any subsequent renewals. The Lessee/s acknowledges and declares to have examined the Property and in consequence of such examination, the Lessee/s declares that there are no apparent defects on either the immovable or the movables except those, if any, marked in the inventory. The Lessee/s shall be done in make use of the Property with the care and diligence of a workmanlike manner bonus paterfamilias and shall remain for execute, at his/her/their sole expense without the benefit right of reimbursement from the Lessor, all acts or ordinary repair and maintenance of the LessorProperty as may from time to time be necessary, saving any repair of damages caused by force majeure and without any fault of his/her/their own. Lessee Ordinary repair and maintenance shall give Lessor written notice at least ten (10) days in advance have the meaning attributed by the Civil Code of the commencement of any alteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibility.
b) If applicable, the following conditions must be satisfied prior Malta but shall also mean to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are shall not be limited to, architect the cleaning of sinks and engineer consulting costsdrains, inspectorand damage to bulbs, all applicable citylight fittings, county water geyser/s, television, fridge and state fees. Lessee and Lessor agree that cooker, as well as any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change minor defects in the construction contractwater and electricity installations and cleaning before vacating. The Lessee/s shall at all times keep the Property, bid or change order.
ii) Lessee shall secure comprehensive general liability including its improvements, fixtures and property damage insurance coverage fittings and equipment, in good order and good state of repair. Without limiting the amounts as set forth in Paragraph 22 of this Lease and comply with all generality of the other insurance matters described foregoing, the Xxxxxx/s agrees to keep all areas of the Property in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will a clean and hygienic state and comply with all laws and regulations applicable regulations. In the event the Lessor is at any stage not satisfied with the cleanliness or hygiene of the Property, the Lessee/s shall be notified and shall remedy it forthwith. Repeated failure to such improvementsdo so shall constitute a breach of the Agreement and shall entitle the Lessor to demand the termination of this Agreement. Saving what is otherwise set out in this Agreement, all expenses incurred in connection with repair and maintenance, internal or external, which are imposed or ordered by the competent officials or by law, including but such expenses as are necessary to render the Property fit for use as a residence, shall be borne solely and exclusively by the Lessor. The Lessee/s shall give timely notice to the Lessor of all occurrences requiring extraordinary repair. These include repairs of structural nature, water leakages, electrical faults etc. The Lessor shall, at its sole and exclusive expense, without the right of reimbursement from the Lessee/s, carry out all extraordinary maintenance and structural repairs that may from time to time become necessary in the Property, unless such maintenances and repairs are the result of any act or omission or negligence on the part of the Lessee/s, or breach of any of its obligations at law or under this Agreement. All other maintenance which is not limited extraordinary maintenance or structural repair shall be borne solely by the Lessee/s at his/her/their expense. The Lessee/s shall be solely responsible for and shall promptly pay all fees, deposits and charges, including use and/or connection fees and the like, charged by the relative utility provider, Local Council or by the Government, for water, electricity, telephone, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to building codesthe Property. Water and electricity services shall be registered in the name of the Lessor, fire codesthough the Lessee/s shall be bound to pay any related bills within seven (7) days from receipt of the respective bill by the Lessor. This upon presentation of the bill by the Lessor to the Lessee/s. The Lessee/s shall pay such payment amount to the Lessor who in turn will cover the payment with the respective utility company on behalf of the Lessee. Should the Lessee/s fail to pay the utility bill, handicapped access the Lessor shall have the right to either pay the outstanding amount itself at the Lessee/s expense, or to unilaterally order the suspension of the relative services, in which event the Lessee/s shall not be entitled to claim any damages from the Lessor as a consequence of such action. The Lessee/s recognises and agrees that the Lessor’s right to suspend the provision of the services is a reasonable precaution to ensure that the Lessor does not sustain damages and charges as a consequence of the Lessee’s failure to promptly settle any such dues. The Lessor may at any moment in time demand that the said utility services provided to the Property shall be registered in the name of the Lessee/s. In no event shall the Lessor be liable for damages or otherwise for any interruption, reduction, disruption, curtailment or failure in the supply, quality or character of electricity, water, or other federalutility or service if either the quality or character thereof is changed or is no longer available or suitable for the Lessee/s requirements, state or for any interruption, reduction, disruption, curtailment, failure or change in quantity, or character which are not attributable to a fault on the part of the Lessor. Both Parties to this Agreement declare that the water and local lawselectricity meters of the Property were read on ______ (day) of the month of __________________ of the year two thousand and __________________________ (20___), and read at: Water Meter reading: ___________________________ Water Meter number: ___________________________ Electricity Meter reading: ___________________________ Electricity Meter number: ___________________________ The Lessee/s declares that _________________________ (___) (number of persons) shall be residing in the Property throughout the duration of the lease and the Lessor shall inform the utility services provider accordingly provided the Lessee/s completes and provides the necessary documentation required by the respective utility/service company. The Lessee/s agrees to fill in and submit any relevant documentation to the relevant authority dealing with the utility bills during the continuation of this Agreement, failure to which shall enable the Lessor to demand the termination of this Agreement.
Appears in 1 contract
Samples: Long Private Residential Lease
Improvements; Alterations. a) Lessee shall not make Except as otherwise ALTERATIONS; ------------------------- REPAIRS; specified in this Lease or permit in any alterations or Exhibit hereto, improvements MAINTENANCE to the Premises weaken as well as installation of sinage and satellite dish provided for in Sections 23u and 23v below, shall be installed at the structural strengthexpense of Tenant only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, lessen After the value ofinitial Tenant improvements are made (if any), no alterations or physical additions in or to the Premises may be made without Landlord's prior written consent. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or change advertising media of any type on or about the architectural appearance of the building or other construction except with Premises without the prior written consent of Lessor. Lessor may, as a further condition to giving consent thereto, require Lessee to post bond with Lessor in the sum equal to estimated cost of said alteration, addition, or improvements securing the Lessor against loss, claim or leans by reason of the installation thereofLandlord. All alterations, additions, or improvements (whether temporary or permanent in character, and including without limitation all air conditioning equipment and all other equipment that is in any manner connected to the Premises Building's plumbing system) made in or upon the Premises, either by Landlord or Tenant, except the initial Tenant Improvement paid for by Landlord, shall at Landlord's option, either be done in a workmanlike manner removed by Tenant, shall become Landlord's property at the end of the Term and shall remain for on the benefit Premises without compensation to Tenant; provided, however, that if tenant is not then in default hereunder and Tenant repairs any damage caused by such removal, Tenant may remove its trade fixtures at the end of the LessorTerm. Lessee shall give Lessor written notice at least ten (10) days in advance of the commencement Approval by Landlord of any alterationof Tenant's drawings and plans and specifications prepared in connection with any improvements, addition alterations or improvement upon additions in the Premises so Lessor may post appropriate notice as well as signage and satellite dish shall not constitute a representation or warranty of non- responsibility.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related Landlord as to the adequacy or sufficiency of such drawings, plans and specifications, or the improvements and alterations on the Premisesto which they relate, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice for any use, purpose, or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs includecondition, but are not limited tosuch approval shall merely be the consent of Landlord as required hereunder. Notwithstanding the above provision, architect and engineer consulting costsLandlord shall, inspectorat Tenant's written request, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope notify Tenant at time of work or otherwise alteration if alteration will have to the plan shall be agreed removed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 termination of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Improvements; Alterations. a) Lessee shall not make or permit any alterations or improvements Improvements to the Premises weaken shall be installed at Tenant's expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. No alterations or physical additions in or to the structural strengthPremises may be made without Landlord's prior written consent, lessen which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any alteration or addition that would affect the value ofBuilding's structure or its HVAC, plumbing, electrical, or change mechanical systems. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the architectural appearance of the building or other construction except with Premises without the prior written consent of Lessor. Lessor mayLandlord, as a further condition which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to giving consent thereto, require Lessee to post bond with Lessor in any such painting or installation which would affect the sum equal to estimated cost of said alteration, addition, or improvements securing the Lessor against loss, claim or leans by reason appearance of the installation thereofexterior of the Building or of any common areas of the Building. All alterations, additions, or improvements made in or upon the Premises shall, at Landlord's option, either be removed by Tenant prior to the end of the Term (and Tenant shall repair all damage caused thereby), or shall remain on the Premises at the end of the Term without compensation to Tenant; however, Tenant shall not be required to remove any addition or improvement to the Premises if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed at the end of the Term. All alterations, additions, and improvements shall be done constructed, maintained, and used by Tenant, at its risk and expense, in a workmanlike manner and shall remain for the benefit accordance with all Laws; Landlord's approval of the Lessor. Lessee plans and specifications therefor shall give Lessor written notice at least ten (10) days in advance of the commencement of any alterationnot be a representation by Landlord that such alterations, addition additions, or improvement upon the Premises so Lessor may post appropriate notice of non- responsibility.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Leaseany Law.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Improvements; Alterations. a) Lessee Tenant may install improvements to the Premises only at Tenant’s expense and in accordance with plans and specifications that have been previously submitted to and approved in writing by Landlord, using contractors approved in writing by Landlord. Except as otherwise provided in Section 8.(f), Tenant shall not paint or install lighting or decorations, signs, window or door lettering or advertising media of any type visible from the exterior of the Premises without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant may make non-structural, interior alterations to the Premises required in the ordinary course of Tenant’s business without the written consent of Landlord provided: (i) such alterations will not be visible from outside the Premises; (ii) such alterations will not affect the Building’s structure, the provision of services to other Building tenants or permit the Building’s electrical, plumbing, HVAC, life safety or mechanical systems; (iii) such alterations will not violate any applicable Laws; (iv) such alterations will not unreasonably interfere with the business operations of other tenants in the Building; (v) the cost of the work for such alterations does not exceed $100,000 in any single instance or series of related alterations performed within a year (provided that Tenant shall not perform any improvements, alterations or additions to the Premises in stages as a means to subvert this provision); and (vi) Tenant secures any and all permits, licenses and approvals required to construct and install such alterations (collectively, “Permitted Alterations”). All Permitted Alterations shall be made in accordance with all applicable Laws and in a good and first-class, workmanlike manner and in accordance with the terms of this Lease, including the terms of Exhibit B. Tenant shall notify Landlord before performing any Permitted Alterations if the anticipated Permitted Alterations could disrupt any other tenants or occupants of the Building or interfere with Landlord’s operation of the Building. All such alterations, additions and improvements shall be constructed, maintained and used by Tenant at its sole risk and expense, in accordance with all applicable Laws. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for the cost of all work required to comply with the retrofit requirements of the ADA or other applicable laws pertaining to accessibility of the Premises by disabled or handicapped persons, and all rules, regulations and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the Premises after the Commencement Date at the request of or by Tenant or by Tenant’s use of the Premises (other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of whether such cost is incurred in connection with retrofit work required in the Premises (including work described in Exhibit B) or in other areas of the Building. In connection with Landlord’s review and approval of Tenant’s Work or any of Tenant’s proposed alterations, additions or improvements to the Premises, Landlord may notify Tenant in writing, contemporaneously with Landlord’s notice of approval to Tenant with respect to the improvements in question, that Landlord will require Tenant to remove such alterations prior to the expiration of the Term; provided, however Landlord will not require Tenant to remove alterations, additions or improvements to the extent the same are Building-standard, as reasonably determined by Landlord. Notwithstanding the foregoing, if Tenant does not obtain Landlord’s prior written consent for any alterations, additions or improvements to the Premises weaken (whether such approval is required hereunder or otherwise), Tenant shall remove all such alterations, additions and improvements, as Landlord may request; provided such request is delivered (1) not less than 60 days prior to the structural strength, lessen the value of, or change the architectural appearance expiration of the building or other construction except with the prior written consent of Lessor. Lessor may, as a further condition to giving consent thereto, require Lessee to post bond with Lessor Term in the sum equal to estimated cost of said alteration, addition, or improvements securing event this Lease expires at the Lessor against loss, claim or leans by reason end of the installation thereof. All alterations, additions, or improvements to Term and (2) promptly following the Premises shall be done in a workmanlike manner and shall remain for the benefit of the Lessor. Lessee shall give Lessor written notice at least ten (10) days in advance of the commencement of any alteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibility.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 termination of this Lease and comply with all if this Lease is terminated prior to the expiration of the other insurance matters described in said Paragraph 22 of this LeaseTerm.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Samples: Office Lease (Plains Capital Corp)
Improvements; Alterations. a) Lessee Improvements and alterations to the Premises shall be installed or made at the expense of Tenant only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, which approval shall not be unreasonably withheld with respect to non-structural improvements or alterations, but in Landlord’s sole discretion with regard to structural improvements or alterations and improvements or alterations to the exterior of the Building; provided, however, notwithstanding anything to the contrary contained herein, Tenant shall have the right without Landlord’s approval to make or permit any interior, non-structural alterations or improvements (that do not require work to be performed outside of the Building or do not alter the Building systems) in any calendar year that do exceed $25,000 individually or $35,000 in the aggregate during such calendar year. All improvements or alterations performed by or for Tenant shall be performed in good and workmanlike manner quality. Landlord acknowledges and consents to Tenant’s installation of the IT room/AC equipment and supplemental HVAC equipment so long as Tenant provides Landlord with the specifications for such supplemental HVAC equipment, such supplemental HVAC equipment is installed in accordance with any applicable codes and such supplemental HVAC equipment does not exceed Building system capacities. All improvements and alterations made by or for Tenant shall comply with insurance requirements and with applicable law, ordinances, and regulations, including, without limitation and to the Premises weaken the extent applicable, laws and regulations regarding removal or alteration of structural strengthor architectural barriers to handicapped or disabled persons (and Tenant shall construct at its expense any alteration required by such laws or regulations, lessen the value ofas they may be amended). Tenant shall not paint or install signs, window or exterior door lettering, or change advertising media of any type on the architectural appearance outside of the building or other construction except with Building without the prior written consent of LessorLandlord, in Landlord’s sole discretion. Lessor may, as a further condition to giving consent thereto, require Lessee to post bond with Lessor in the sum equal to estimated cost Obligations and ownership of said alteration, addition, or improvements securing the Lessor against loss, claim or leans by reason of the installation thereof. All alterations, additions, or improvements at surrender shall be governed by Section 21. Approval by Landlord of any of Tenant’s drawings and plans and specifications prepared in connection with any improvements in the Premises shall not constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications, or the improvements to which they relate, for any use, purpose, or condition, but such approval shall merely be the consent of Landlord as required hereunder. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for the cost of all work required to comply with the retrofit requirements of the Americans with Disabilities Act of 1990, and all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the Premises at the request of or by Tenant or by Xxxxxx’s use of the Premises (other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of whether such cost is incurred in connection with retrofit work required in the Premises or in other areas of the Building. This Section 8.a. shall not apply to the Tenant Improvements which shall be done governed by and paid for as provided in a workmanlike manner Exhibit H-1 and shall remain for the benefit of the Lessor. Lessee shall give Lessor written notice at least ten (10) days in advance of the commencement of any alteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibilityH-2.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Improvements; Alterations. a) Lessee shall not make or permit any alterations or Except as otherwise provided in Exhibit D attached hereto, improvements to the Premises weaken shall be installed at Tenant's expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. No alterations or physical additions in or to the structural strengthPremises may be made without Landlord's prior written consent, lessen which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any alteration or addition that would affect the value ofBuilding's Structure or its HVAC, plumbing, electrical, or change mechanical systems. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the architectural appearance of the building or other construction except with Premises without the prior written consent of Lessor. Lessor mayLandlord, as a further condition which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to giving consent thereto, require Lessee to post bond with Lessor in any such painting or installation which would affect the sum equal to estimated cost of said alteration, addition, or improvements securing the Lessor against loss, claim or leans by reason appearance of the installation thereofexterior of the Building or of any common areas of the Building. All alterations, additions, or improvements made in or upon the Premises shall, at Landlord's option, shall either be removed by Tenant prior to the end of the Term (and Tenant shall repair all damage caused thereby) (exercised by notice to Tenant given (i) at the time Tenant requests consent to such alterations, additions or improvements, or (ii) at any time if consent to such alterations, additions or improvements was required but not obtained), or shall remain on the Premises at the end of the Term without compensation to Tenant. All alterations, additions, and improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all laws; Landlord's approval of the plans and specifications therefor shall not be a representation by Landlord that such alterations, additions, or improvements comply with any Law. Notwithstanding anything to the contrary set forth in this Section 8.1, although fifteen (15) days advance written notice to Landlord is required, Landlord's consent shall not be required for any alterations, improvements or physical additions proposed by Tenant that (a) will cost less than Ten Thousand Dollars ($10,000.00) per year over the Lease term to construct, (b) are non-structural and do not affect the Building's Structure or its HVAC, plumbing, telecommunications, elevator, life-safety, electrical, mechanical or other basic systems or require a building permit, (c) will not result in changes to the Premises shall be done in a workmanlike manner and shall remain for or Building that are visible from the benefit outside of the Lessor. Lessee shall give Lessor written notice Building, and (d) Tenant removes same from the Premises at least ten (10) days in advance the end of the commencement of any alteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibilityTerm if then requested by Landlord.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Samples: Lease Agreement (Beyond Com Corp)
Improvements; Alterations. a) Lessee shall not make or permit any alterations or improvements Improvements to the Premises weaken shall be installed at Tenant’s expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, which approval shall be governed by the structural strengthprovisions set forth in this Section 8.1. No alterations or physical additions in or to the Premises may be made without Landlord’s prior written consent, lessen which shall not be unreasonably withheld, conditioned or delayed; however, Landlord may withhold its consent to any alteration or addition that would (a) adversely affect more than to a de minimis extent (in the value ofreasonable discretion of Landlord) the Building’s Structure or the Building’s Systems (including the Project’s restrooms), or change (b) affect more than to a de minimis extent (in the architectural sole but reasonable discretion of Landlord) the exterior appearance of the building Project. Tenant shall not install decorations, signs, window or other construction except with door lettering, or advertising media of any type visible from the exterior of the Premises without the prior written consent of LessorLandlord, which consent may be withheld in Landlord’s sole and absolute discretion. Lessor mayNotwithstanding the foregoing, Tenant shall not be required to obtain Landlord’s consent for (1) repainting or recarpeting (regardless of the cost), or (2) other alterations, tenant improvements, or physical additions to the Premises which are cosmetic in nature totaling less than $375,000 (which amount shall be increased by 10% every five years) in any single instance or series of related alterations performed within a six-month period (provided that Tenant shall not perform any improvements, alterations or additions to the Premises in stages as a further condition means to giving consent theretosubvert this provision), require Lessee in each case provided that (A) Tenant delivers to post bond with Lessor in Landlord written notice thereof, a list of contractors and subcontractors to perform the sum equal work (and certificates of insurance for each such party) and any plans and specifications therefor prior to estimated cost of said alterationcommencing any such alterations, additionadditions, or improvements securing (for informational purposes only so long as no consent is required by Landlord as required by this Lease), (B) the Lessor against lossinstallation thereof does not require the issuance of any building permit or other governmental approval, claim or leans by reason involve any core drilling or the configuration or location of any exterior or interior walls of either of the installation thereofBuildings, and (C) such alterations, additions and improvements will not affect (i) the Building’s Structure or the Building’s Systems, or (ii) the appearance of the exterior of either of the Buildings. All alterations, additions, and improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord’s consent to or approval of any alterations, additions or improvements to (or the Premises plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be done in a workmanlike manner and shall remain solely responsible for the benefit of the Lessor. Lessee shall give Lessor written notice at least ten (10) days in advance of the commencement of any alteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibilityensuring all such compliance.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Samples: Lease Agreement (Ciena Corp)
Improvements; Alterations. a) Lessee shall not make or permit any alterations or improvements Improvements to the Premises weaken shall be installed at Tenant's expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, which approval shall be governed by standards in the structural strengthfollowing sentence. No alterations or physical additions in or to the Premises may be made without Landlord's prior written consent, lessen which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any alteration or addition that would adversely affect (in the value ofreasonable discretion of Landlord) (1) the Building's Structure or the Building's Systems (including the Building's restrooms or mechanical rooms), or change (2) the architectural exterior appearance of the building Building, or other construction except with (3) the appearance of the Building's common areas or elevator lobby areas. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises without the prior written consent of LessorLandlord, which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any such painting or installation which would affect the appearance of the exterior of the Building or of any common areas of the Building. Lessor mayNotwithstanding the foregoing, and subject to Section 21, Tenant shall not be required to obtain Landlord's consent for repainting, recarpeting, or other non-structural alterations, tenant improvements, or non-permanent temporary additions to the Premises which are cosmetic in nature totaling less than $20,000 in any single instance or series of related alternations performed during the Term of this Lease (provided that Tenant shall not perform any improvements, alterations or additions to the Premises in stages as a further condition means to giving consent theretosubvert this provision), require Lessee in each case provided that (A) Tenant delivers to post bond with Lessor in Landlord written notice thereof, a list of contractors and subcontractors to perform the sum equal work (and certificates of insurance for each such party) and any plans and specifications therefor prior to estimated cost of said alterationcommencing any such alterations, additionadditions, or improvements securing (for informational purposes only so long as no consent is required by Landlord as required by this Lease), (B) the Lessor against loss, claim installation thereof does not involve any core drilling or leans by reason the reconfiguration or relocation of any exterior or interior load bearing walls of the installation thereofBuilding, and (C) such alterations, additions and improvements will not affect (i) the Building's Structure or the Building's Systems, including the distribution of the HVAC under Section 7.(a), (ii) the provision of services to other Building tenants, or (iii) the appearance of the Building's common areas or the exterior of the Building. All alterations, additions, and improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord's consent to or approval of any alterations, additions or improvements to (or the Premises plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord's acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be done in a workmanlike manner and shall remain solely responsible for the benefit of the Lessor. Lessee shall give Lessor written notice at least ten (10) days in advance of the commencement of any alteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibilityensuring all such compliance.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Samples: Lease Agreement (Daisytek International Corporation /De/)
Improvements; Alterations. a) Lessee shall not make or permit any alterations or improvements Improvements to the Premises weaken shall be installed at Tenant’s expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, which approval shall be governed by the structural strengthprovisions set forth in this Section 8(a). No alterations or physical additions in or to the Premises may be made without Landlord’s prior written consent, lessen which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any alteration or addition that would adversely affect (in the value ofreasonable discretion of Landlord) the (1) Building’s Structure or the Building’s Systems (including the Building’s restrooms or mechanical rooms), or change the architectural (2) exterior appearance of the building Building, (3) appearance of the Building’s common areas, if any, or (4) provision of services to any other construction except occupants of the Building. Landlord’s consent shall not be required for non-structural, interior cosmetic improvements costing less than $50,000 in the aggregate and not requiring a permit, provided however, at the expiration or earlier termination of this Lease, Tenant shall, at Landlord’s election, remove any such improvements and restore the Premises to its prior condition. Landlord agrees that Tenant shall not be required to remove the tenant improvements to be constructed in the Premises pursuant to Exhibit D at the expiration or earlier termination of this Lease to the extent such improvements are consistent with general office improvements or to the extent such improvements provide supplemental HVAC or additional electricity to the labs and/or server rooms in the Premises. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type visible from the exterior of the Premises without the prior written consent of LessorLandlord, which consent may be withheld in Landlord’s sole and absolute discretion. Lessor mayNotwithstanding the foregoing and provided Tenant is not in default under this Lease, as Tenant shall have the right, at its sole cost and expense and subject to obtaining all governmental permits and approvals therefor, to install one exterior identification sign (Building top, eyebrow or monument) at a further condition location to giving consent theretobe designated by Landlord, require Lessee to post bond and otherwise in accordance with Lessor in all Laws and the sum equal to estimated cost provisions of this Lease. The size, shape, content, general appearance, design, materials, coloring and lettering of said alterationsignage shall be subject to Landlord’s prior approval, additionwhich approval shall not be unreasonably withheld. Tenant shall be responsible for the fabrication, installation, maintenance and repair of such signage in good condition at Tenant’s sole cost and expense. At the expiration or improvements securing earlier termination of this Lease, Tenant shall, at Tenant’s sole expense, remove Tenant’s signage and restore the Lessor against lossBuilding and/or the Project to its original condition in connection with the removal of such signage. Tenant’s indemnity of Landlord under this Lease shall apply to Tenant’s signage. The signage rights granted to Tenant are personal to the original Tenant signing this Lease and any Permitted Transferee and shall not inure to the benefit of any assignee, claim subtenant or leans by reason of the installation thereofother occupant. All alterations, additions, and improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord’s consent to or approval of any alterations, additions or improvements to (or the Premises plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be done in a workmanlike manner and shall remain solely responsible for the benefit of the Lessor. Lessee shall give Lessor written notice at least ten (10) days in advance of the commencement of any alteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibilityensuring all such compliance.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Improvements; Alterations. a) Lessee shall not make or permit any alterations or improvements Improvements to the Premises weaken shall be installed at the structural strengthexpense of Tenant only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. After the initial Tenant improvements are made, lessen no alterations or physical additions in or to the value ofPremises may be made without Landlord's prior written consent. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or change advertising media of any type on or about the architectural appearance of the building or other construction except with Premises without the prior written consent of Lessor. Lessor mayLandlord, as a further condition to giving consent thereto, require Lessee to post bond with Lessor in the sum equal to estimated cost of said alteration, addition, which approval shall not be unreasonably withheld or improvements securing the Lessor against loss, claim or leans by reason of the installation thereofdelayed. All alterations, additions, or improvements (whether temporary or permanent in character, and including without limitation all air-conditioning equipment and all other equipment that is in any manner connected to the Building's plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property at the end of the Term and shall remain on the Premises without compensation to Tenant; provided, however, if Tenant obtains Landlord's prior written approval, Tenant shall have the right to remove trade fixtures and Tenant-installed improvements during the Term so long as Tenant repairs any damage caused by removal. Approval by Landlord of any of Tenant's drawings and plans and specifications prepared in connection with any improvements in the Premises shall not constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications, or the improvements to which they relate, for any use, purpose, or condition, but such approval shall merely be the consent of Landlord as required hereunder. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for the cost of all work required to comply with the retrofit requirements of the Americans with Disabilities Act of 1990, and all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the Premises shall be done in a workmanlike manner and shall remain for at the benefit request of or by Tenant or by Tenant's use of the Lessor. Lessee shall give Lessor written notice at least ten Premises (10other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of whether such cost is incurred in connection with retrofit work required in the Premises (including the Work described in Exhibit D) days or in advance other areas of the commencement of any alteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibilityBuilding.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Improvements; Alterations. a) Lessee shall not make or permit any alterations or improvements to the Premises weaken the structural strength, lessen the value of, or change the architectural appearance of the building or other construction except with the prior written consent of Lessor. Lessor may, as a further condition to giving consent thereto, require Lessee to post bond with Lessor in the sum equal to estimated cost of said alteration, addition, or improvements securing the Lessor against loss, claim or leans by reason of the installation thereof. All Any alterations, additions, deletions, modifications or utility installations in, of or to the improvements contained within the Premises (collectively, "ALTERATIONS") shall be installed at Tenant's expense and only in accordance with detailed plans and specifications, construction methods, and all appropriate permits and licenses, all of which have been previously submitted to and approved in writing by Landlord, and by a professionally qualified and licensed contractor and subcontractors approved by Landlord. Alterations shall not include the Tenant Improvements described in Exhibit C attached hereto and Tenant shall not be required to remove such initial Tenant Improvements at the expiration or earlier termination of this Lease. No Alterations in or to the Premises may be made without (a) Landlord's prior written consent and (b) compliance with such nondiscriminatory requirements and construction regulations concerning such Alterations as Landlord may impose from time to time. Landlord will not be deemed to unreasonably withhold its consent to any Alteration that violates Regulations, may affect or be incompatible with the Building's structure or its HVAC, plumbing, telecommunications, elevator, life-safety, electrical, mechanical or other basic systems, or the appearance of the interior common areas or exterior of the Project, or which may interfere with the use or occupancy of any other portion of the Project. Landlord shall respond to Tenant's written request for consent described in this Paragraph 7.1 within five (5) business days after Landlord's receipt thereof. In the event Landlord fails to so respond to Tenant within such five (5) business day time period, Landlord shall not be in default hereof nor shall Tenant be deemed to have received consent to the requested Alterations, but Tenant may provide a second written request to Landlord. Landlord shall respond to Tenant's second written request for consent described in this Paragraph 7.1 within five (5) business days after Landlord's receipt thereof. In the event Landlord fails to so respond to Tenant's second written request, Landlord shall be done in a workmanlike manner and deemed to have rejected Tenant's request to make Alterations; provided, however, that if the total cost of any proposed Alterations by Tenant during the previous six (6) month period is less than Fifty Thousand Dollars ($50,000.00), Landlord shall remain for be deemed to have consented to Tenant's second request to make such Alterations. Notwithstanding the benefit of foregoing, Tenant shall have the Lessor. Lessee shall give Lessor written notice right, without consent of, but upon at least ten (10) days in advance business days' prior written notice to Landlord to make non-structural, cosmetic Alterations within the interior of the commencement Premises (and which are not visible from the outside of the Premises), which do not impair the value of the Building, and which cost, in the aggregate, less than Fifteen Thousand Dollars ($15,000.00) in any alterationtwelve (12) month period during the Term of this Lease, provided that such Alterations shall nevertheless be subject to all of the remaining requirements of this Paragraph 7 and payment of the administration fee referred to in this Paragraph 7, other than the requirement of Landlord's prior consent. In addition all Alterations shall be performed by duly licensed contractors or improvement subcontractors reasonably acceptable to Landlord, proof of insurance shall be submitted to Landlord as required under this Lease, and Landlord reserves the right to impose reasonable rules and regulations for contractors and subcontractors. Tenant shall, if requested by Landlord, promptly furnish Landlord with complete as-built plans and specifications for any Alterations performed by Tenant to the Premises, at Tenant's sole cost and expense. All Alterations made in or upon the Premises so Lessor may post appropriate notice of non- responsibility.
bshall, (i) If applicableat Landlord's option, the following conditions must either be satisfied removed by Tenant prior to occupancy the end of the Term (and Tenant shall restore the portion of the Premises affected to its condition existing immediately prior to such Alteration), or shall remain on the Premises at the end of the Term, (ii) be constructed, maintained, insured and used by Tenant, at its risk and expense, in a first-class, good and workmanlike manner, and in accordance with all Regulations, and (iii) shall be subject to payment of Landlord's standard alterations supervision fee which standard fee shall not exceed ten percent (10%) of the cost of the Alterations. If any Alteration made or initiated by Tenant or the removal thereof shall cause, trigger or result in any portion of the Project outside of the Premises.
i, any portion of the Building's shell and core improvements (including restrooms, if any) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on within the Premises, as stipulated or any Building system inside or outside of the Premises being required by any governmental authority to be altered, improved or removed, or may otherwise potentially affect such portions of the Project or any other tenants of the Project, Landlord shall have the option (but not the obligation) of performing the same at Tenant's expense, in Attachment C which case Tenant shall pay to Landlord (within ten (10) days of Landlord's written demand) in advance Landlord's reasonable estimate of the cost of such work, and any actual costs of such work in excess of Landlord's estimate, plus an administrative charge of ten percent (10%) thereof. At least ten (10) days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located. Notwithstanding anything to the contrary contained in this Paragraph 7.1, at the time Landlord gives its consent for any Alterations after the initial Tenant Improvements, 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. Full reimbursement If Landlord fails to so notify Tenant within five (5) business days after Landlord's receipt of proven and identifiable costs (by invoice or otherwise) is due within 30 days of LessorTenant's presenting Lessee with reimbursement request. These costs includewritten request for consent, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan it shall be agreed upon prior to including the change in the construction contract, bid or change orderassumed that Landlord will not require their removal.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Samples: Office Lease (Intraware Inc)
Improvements; Alterations. (a) Lessee shall not make may, at any time and from time to time during the Term, erect, maintain,
(i) Lessee bears the cost of any such work;
(ii) Lessor must be notified of the time for beginning and the general nature of any such work, other than routine maintenance of existing buildings or permit any improvements, at the time the work begins; and
(iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed.
(b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements to on the Leased Premises:
(i) No building or other improvement may be constructed on the Leased Premises weaken unless the structural strengthplans, lessen the value ofspecifications, or change the architectural appearance and proposed location of the building or other construction except improvement have received Lessor’s written approval and the building or other improvement complies with the prior written consent approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor.
(ii) Lessor will promptly review and approve all plans submitted by Lessee or will note in writing any required changes or corrections that must be made to the plans. Any required changes or corrections must be made, and the plans resubmitted to Lessor. Lessor may, as a further condition Lessor’s failure to giving consent thereto, require Lessee request changes to post bond with Lessor in the sum equal or object to estimated cost of said alteration, addition, any submitted or improvements securing the Lessor against loss, claim or leans by reason of the installation thereof. All alterations, additions, or improvements to the Premises shall be done in a workmanlike manner and shall remain for the benefit of the Lessor. Lessee shall give Lessor written notice at least ten (10) days in advance of the commencement of any alteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibility.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due resubmitted plans within 30 days of receipt constitutes Lessor’s approval of the plans. Minor changes in work or materials not affecting the general character of the project may be made at any time without Lessor’s approval.
(iii) The following items do not require submission to, and approval, by Lessor:
1. Minor repairs and alternations necessary to maintain existing structures and improvements in a useful state of repair and operation; or
2. changes and alterations required by an authorized public official with authority or jurisdiction over the buildings or improvements, to comply with legal requirements.
(c) Lessor will not unreasonably withhold its approval of any items required by this Section 3.03.
(d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, or to the Leased Premises, Lessee will act as a principal and not as the agent of Lessor, and Lessor expressly disclaims any liability for the cost of labor performed by Lessee or material furnished to Lessee. Lessee will pay promptly when due the entire cost of any work affecting the Leased Premises done by or for the account of Lessee so that the Leased Premises will at all times be free of liens for labor and materials. Lessee will not cause or permit any mechanics' liens or other liens to be filed against the fee of the Leased Premises or against Lessee's leasehold interest (excluding any leasehold mortgage) in the land or any buildings or improvements on the Leased Premises by reason of any work, labor, services, or materials supplied or claimed to have been supplied to Lessee or anyone holding the Leased Premises or any part of them through or under Lessee. Lessee agrees to indemnify and hold Lessor harmless from and against and will cause to be discharged of record forthwith (by payment, bond, order of court of competent jurisdiction, or otherwise) any mechanic's, materialman's or other lien which may at any time be filed, claimed or asserted against the Leased Premises or any part thereof or interest therein arising out of work done by or for the account of Lessee, irrespective of whether or not such lien is valid or enforceable. In no event will Lessor or any of Lessor's presenting Lessee property be liable for or chargeable with reimbursement request. These costs includeany expense or lien for work, but are not limited tolabor, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change materials used in the construction contract, bid Leased Premises or any improvements or change orderthereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Samples: Ground Lease
Improvements; Alterations. a) Lessee 8.1.1 Tenant shall not make make, or permit allow to be made, any alterations alterations, physical additions, improvements or improvements partitions, including without limitation the attachment of any fixtures or equipment, in, about or to the Premises weaken the structural strength, lessen the value of, or change the architectural appearance of the building or other construction except with (“Alterations”) without obtaining the prior written consent of LessorLandlord, which consent shall not be unreasonably withheld with respect to proposed Alterations which: (1) comply with all applicable Regulations (defined below); (2) are, in Landlord’s opinion, compatible with the Building or the Project and its mechanical, plumbing, electrical, heating/ventilation/air conditioning systems, and will not cause the Building or Project or such systems to be required to be modified to comply with any Regulations (including, without limitation, the Americans With Disabilities Act); and (3) will not interfere with the use and occupancy of any other portion of the Building or Project by any other tenant or its invitees. Lessor Specifically, but without limiting the generality of the foregoing, Tenant must obtain Landlord’s written consent for all plans and specifications for the proposed Alterations, construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to be employed on the work of Alterations, and the time for performance of such work, and may impose rules and regulations for contractors and subcontractors performing such work. Tenant shall also supply to Landlord any documents and information requested by Landlord in connection with Landlord’s consideration of a request for approval hereunder. Tenant shall cause all Alterations to be accomplished in a good and workmanlike manner, and to comply with all applicable Regulations. Tenant shall at Tenant’s sole expense, perform any additional work required under applicable Regulations due to the Alterations hereunder. No review or consent by Landlord of or to any proposed Alteration or additional work shall constitute a waiver of Tenant’s obligations under this Paragraph 8.
1. Tenant shall reimburse Landlord for all costs which Landlord may incur in connection with granting approval to Tenant for any such Alterations, including any costs or expenses which Landlord may incur in electing to have outside architects and engineers review said plans and specifications. All such Alterations shall remain the property of Tenant until the expiration or earlier termination of this Lease, at which time they shall be and become the property of Landlord; provided, however, that Landlord may, as a further condition to giving consent theretoat Landlord’s option, require Lessee that Tenant, at Tenant’s expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to post bond with Lessor in their condition existing prior to the sum equal to estimated cost construction of said alteration, addition, or improvements securing the Lessor against loss, claim or leans by reason of the installation thereofany such Alterations. All alterations, additions, or improvements such removals and restoration shall be accomplished in a first- class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant’s trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or disposed of in accordance with applicable law, at Tenant’s sole expense.
8.1.2 Notwithstanding the foregoing, at Landlord’s option (but without obligation), all or any portion of the Alterations shall be done in a workmanlike manner performed by Landlord for Tenant’s account and Tenant shall remain for the benefit pay Landlord’s estimate of the Lessorcost thereof (including a reasonable charge for Landlord’s overhead and profit) prior to commencement of the work. Lessee In addition, at Landlord’s election and notwithstanding the foregoing, however, Tenant shall give Lessor written notice at pay to Landlord the cost of removing any such Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord’s overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease.
8.1.3 At least ten (10) business days in advance before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of any alteration, addition or improvement upon the Premises so Lessor may that construction to permit Landlord to post appropriate and record a notice of non- non-responsibility.
b) If applicable. Upon substantial completion of construction, if the following conditions must law so provides, Tenant shall cause a timely notice of completion to be satisfied prior to occupancy recorded in the office of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all recorder of the other insurance matters described county in said Paragraph 22 of this Leasewhich the Building is located.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Improvements; Alterations. a) Lessee Improvements to the Premises shall be installed at Tenant's expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. No alterations or physical additions in or to the Premises may be made without Landlord's prior written consent, which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any alteration or addition that would affect the Building's structure or its HVAC, plumbing, electrical, or mechanical systems. Notwithstanding the foregoing, Tenant may from time to time make or permit any alterations alterations, additions or improvements to the Premises weaken Building, without the structural strengthconsent of Landlord and without Landlord's approval of plans, lessen provided: (i) the value ofcost thereof shall not exceed Twenty-Five Thousand Dollars ($25,000.00) in the aggregate in any consecutive twelve-month period; (ii) Tenant shall, prior to commencing any such alterations, additions and/or improvements in the Building in connection therewith, furnish Landlord with a complete set of plans and specifications for any such alterations, additions and/or improvements; (iii) such alterations, additions and/or improvements shall not involve or affect the exterior or the structure of the Building or any of the mechanical or plumbing systems of the Building or the base building electrical system, as such base building electrical system exists after Tenant's installation of the Work (but such alterations may include minor electrical alterations not affecting the base building electrical system); and (iv) Tenant shall comply with all requirements of this Lease with respect to such alterations, additions and/or improvements other than obtaining the prior approval of Landlord. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or change advertising media of any type on or about the architectural appearance of the building or other construction except with Premises without the prior written consent of LessorLandlord, which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any such painting or installation which would affect the appearance of the exterior of the Building or of any common areas of the Building. Lessor mayNotwithstanding any provisions of the preceding sentence to the contrary, as a further condition if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to giving consent theretothe painting or installation of lighting or decorations, require Lessee to post bond with Lessor in the sum equal to estimated cost of said alterationsigns, additionwindow or door lettering, or improvements securing advertising media of any type on or about the Lessor against loss, claim or leans by reason Premises which would affect the exterior of the installation thereofBuilding. All alterations, additions, and improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord's approval of the plans and specifications therefor shall not be a representation by Landlord that such alterations, additions, or improvements to comply with any Law. Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be done required to pay any out-of-pocket expenses in a workmanlike manner and shall remain for the benefit of the Lessor. Lessee shall give Lessor written notice at least ten (10) days in advance of the commencement of any alteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibilityconnection therewith.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Improvements; Alterations. Except as described in Exhibit D attached hereto or as hereafter provided: (a) Lessee shall not make or permit any alterations or improvements to the Premises weaken shall be installed at Tenant’s expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, which approval shall be governed by the structural strengthprovisions set forth in this Section 8(a) (b) no alterations or physical additions in or to the Premises may be made without Landlord’s prior written consent; and (c) Tenant shall not paint or install lighting or decorations, lessen the value ofsigns, window or door lettering, or change advertising media of any type visible from the architectural appearance exterior of the building or other construction except with Premises without the prior written consent of LessorLandlord. Lessor mayLandlord’s consent or approval as provided herein shall not be unreasonably withheld or delayed and such consent shall be deemed to have been given if Landlord does not respond to Tenant’s request for approval within ten (10) business days after receipt ther eof from Tenant; however, as a further condition Landlord may withhold its consent to giving consent thereto, require Lessee to post bond with Lessor any alteration or addition that would adversely affect (in the sum equal to estimated cost reasonable discretion of said alterationLandlord) (1) the Building’s Structure or the Building’s Systems (including the Building’s restrooms or mechanical rooms), addition(2) the exterior appearance of the Building, (3) the appearance of the Building’s common areas, or improvements securing (4) the Lessor against loss, claim or leans by reason provision of the installation thereofservices to other Building occupants. All alterations, additions, and improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord’s consent to or approval of any alterations, additions or improvements (or the plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws. and Tenant shall be solely responsible for ensuring all such compliance Notwithstanding anything herein to the contrary, (i) Tenant shall have the right to make alterations to the Premises shall be done without obtaining Landlord’s prior consent provided that the cost of such alterations does not exceed Twenty-Five Thousand and No/100 Dollars ($25,000.00) in a workmanlike manner any one instance (and shall remain for not more than One Hundred Thousand and No/100 Dollars ($100,000.00) in the benefit aggregate during any 12-month period), and such alterations do not adversely affect (in the reasonable discretion of Landlord) (1) the Building’s Structure or the Building’s Systems (including the Building’s restrooms or mechanical rooms), (2) the exterior appearance of the Lessor. Lessee shall give Lessor written notice at least ten Building, (103) days in advance the appearance of the commencement Building’s common areas, or (4) the provision of any alteration, addition or improvement upon services to other Building occupants: and (ii) Landlord’s consent shall not be required with respect to minor cosmetic changes to the interior of the Premises so Lessor may post appropriate notice of non- responsibility.
b) If (such as changing carpets floor coverings, wall coverings and paint). To the extent applicable, the following conditions must be satisfied Tenant shall provide Landlord with final as-built plans detailing any alterations or additions installed by Tenant, regardless of whether Landlord’s prior to occupancy of the Premisesconsent was required.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Improvements; Alterations. a) Lessee Improvements to the Premises shall be installed at Tenant's expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and no alterations or physical additions in or to the Premises may be made without Landlord's prior written consent. Landlord's approval of any such plans and specifications and consent of any such alterations and/or additions shall not be unreasonably withheld, delayed or conditioned; however, Landlord may withhold its consent to any plans and specifications and/or any alteration or addition that would affect the Building's Structure or would have an adverse effect on the Building's heated and refrigerated air conditioning ("HVAC"), plumbing, electrical, or mechanical systems. Notwithstanding the foregoing, Tenant may from time to time make or permit any alterations alterations, additions or improvements to the Premises, without the consent of Landlord and without Landlord's approval of plans, provided: (i) the cost thereof shall not exceed Twenty-Five Thousand Dollars ($25,000.00) (which Twenty- Five Thousand Dollars ($25,000.00) shall be exclusive of the cost of any decorative improvements (i.e., painting and carpeting) and any minor electrical --- alterations not affecting the base building electrical system) in the aggregate in any consecutive twelve-month period; (ii) except for such decorative improvements and minor electrical alterations, Tenant shall, prior to commencing any such alterations, additions and/or improvements in the Premises weaken in connection therewith, furnish Landlord with a complete set of plans and specifications for any such alterations, additions and/or improvements; (iii) such alterations, additions and/or improvements shall not affect the structural strengthexterior or the structure of the Building or have any adverse effect on any of the mechanical, lessen electrical or plumbing systems of the value ofBuilding; and (iv) Tenant shall comply with all requirements of this Lease with respect to such alterations, additions and/or improvements other than obtaining the prior approval of Landlord. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or change advertising media of any type on or about the architectural Premises which might affect the appearance of the building exterior of the Building or any other construction except with portion of the Premises other than the interior of the Building without the prior written consent of Lessor. Lessor mayLandlord, as a further condition which shall not be unreasonably withheld, delayed or conditioned; however, Landlord may withhold its consent to giving consent thereto, require Lessee to post bond with Lessor in any such painting or installation which would affect the sum equal to estimated cost of said alteration, addition, or improvements securing the Lessor against loss, claim or leans by reason appearance of the installation thereofexterior of the Building. All alterations, additions, or improvements to made in or upon the Premises shall be done in a workmanlike manner and shall remain for removed by Tenant prior to the benefit end of the Lessor. Lessee Term (and Tenant shall give Lessor written notice at least ten (10repair all damage caused thereby) days in advance of if Landlord conditioned its consent to the commencement initial installation of any such alterations, additions or improvements upon such removal; otherwise, in the absence of such a removal condition with respect to each and every alteration, addition or improvement upon improvement, all such alterations, additions or improvements (excluding moveable partitions and Tenant's trade fixtures and personal property) shall remain on the Premises so Lessor may post appropriate notice of non- responsibility.
b) If applicable, at the following conditions must be satisfied prior to occupancy end of the Premises.
i) Lessee has reimbursed Term without compensation to Lessor all costs for Tenant. All alterations, additions, and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord's approval of the change in the construction contractplans and specifications therefor shall not be a representation by Landlord that such alterations, bid additions, or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and improvements comply with all of the other insurance matters described in said Paragraph 22 of this Leaseany Law.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Improvements; Alterations. a) Lessee The provisions of this Section 6.1 shall not make or permit any apply to improvements and alterations contemplated subsequent to the tenant improvements described in the Workletter. No alterations, physical additions or improvements in or to the Premises weaken may be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the structural strengthBuilding's structure or its HVAC, lessen the value ofplumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door lettering, or change advertising media of any type on or about the architectural appearance of Premises in a location visible from outside the building or other construction except with Premises without the prior written consent of LessorLandlord. Lessor mayTenant acknowledges that Landlord may withhold its consent to any such painting or installation which could affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, as a further condition to giving consent thereto, require Lessee to post bond with Lessor additions and improvements installed in the sum equal Premises must be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to estimated cost of said alterationand approved in writing by Landlord, additionand (ii) constructed, or improvements securing the Lessor against loss, claim or leans maintained and used by reason Tenant at its own risk and expense in accordance with all laws. Landlord's approval of the installation thereof. All plans and specifications is not a representation by Landlord that such alterations, additions, or improvements comply with any law. Prior to commencing any work, Tenant agrees to reimburse Landlord for the actual out-of-pocket costs incurred to third parties by Landlord in connection with supervising such alterations, additions or improvements performed by Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises shall upon the completion of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to the contrary, Landlord's consent will not be done in a workmanlike manner and shall remain for required if (i) the benefit alterations do not affect the HVAC, plumbing, electrical or mechanical systems of the Lessor. Lessee shall give Lessor written notice at least ten Building, (10ii) days in advance the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any alteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibilitywork.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Samples: Lease Agreement (Coolsavings Inc)
Improvements; Alterations. a) Lessee Initial Improvements to ALTERATIONS; the Premises, shall not make or permit any alterations or improvements be installed in accordance with Exhibit D. REPAIRS; Improvements to the Premises weaken shall be installed at the structural strengthexpense MAINTENANCE of Tenant only in accordance with plans and specifications submitted to and approved in writing by Landlord. After the initial Tenant Improvements are made, lessen no alterations or physical additions in or to the value of, or change the architectural appearance of the building or other construction except with the Premises may be made without Landlord's prior written consent of Lessorconsent. Lessor Tenant may, as a further condition subject to giving consent theretoapplicable law and Landlord's reasonable approval and management, require Lessee to post bond with Lessor in install signage at the sum equal to estimated cost of said alteration, addition, or improvements securing the Lessor against loss, claim or leans by reason of the installation thereofPremises. All alterations, additions, or improvements (whether temporary or permanent in character, and including without limitation all air-conditioning equipment and all other equipment that is in any manner connected to the Building's plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property at the end of the Term and shall remain on the Premises without compensation to Tenant. Approval by Landlord of any Tenant's drawings and plans and specifications prepared in connection with any improvements in the Premises shall not constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications, or the improvements to which they relate, for any use, purpose, or condition, but such approval shall merely be the consent of Landlord as required hereunder. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for the cost of all work required to comply with the retrofit requirements of the Americans with Disabilities Act of 1990 ("ADA") or other applicable laws pertaining to accessibility of the Premises by disabled or handicapped persons, and all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the Premises shall be done in a workmanlike manner and shall remain for at the benefit request of or by Tenant or by Tenant's use of the Lessor. Lessee shall give Lessor written notice at least ten Premises (10) days in advance of other than retrofit work to the commencement of any alteration, addition or improvement upon Building that is outside the Premises so Lessor may post appropriate notice whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of non- responsibility.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on whether such cost is incurred in connection with retrofit work required in the Premises, including the Work (as stipulated defined in Attachment C Exhibit D) or in other areas of the Building. Notwithstanding the foregoing, Tenant shall have the right to construct non-structural alterations and improvements to the Premises without Landlord's prior approval, if the cost of any alteration project does not exceed $25,000. Upon Tenant's written request delivered with notice to Landlord of, or request for consent from Landlord for, improvements or alterations, Landlord shall advise Tenant in writing whether Landlord will require Tenant to remove any alterations or improvements upon termination of this Lease. Full reimbursement of proven Tenant's furniture, equipment and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change other personal property installed in the construction contractPremises shall at all times be Tenant's property, bid and Tenant may remove any or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of such property from the other insurance matters described in said Paragraph 22 of this LeasePremises at any time and from time to time provided that Tenant repairs all damages caused by such removal.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Samples: Lease Agreement (Avanex Corp)
Improvements; Alterations. a) Lessee Improvements to the Premises shall be installed at Tenant's expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. No alterations or physical additions in or to the Premises may be made without Landlord's prior written consent, which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any alteration or addition that would affect the Building's structure or its HVAC, plumbing, electrical, or mechanical systems. Notwithstanding the foregoing, Tenant may from time to time make or permit any alterations alterations, additions or improvements to the Premises weaken Building, without the structural strengthconsent of Landlord and without Landlord's approval of plans, lessen provided: (i) the value ofcost thereof shall not exceed Twenty-Five Thousand Dollars ($25,000.00) in the aggregate in any consecutive twelve-month period; (ii) Tenant shall, prior to commencing any such alterations, additions and/or improvements in the Building in connection therewith, furnish Landlord with a complete set of plans and specifications 19 for any such alterations, additions and/or improvements; (iii) such alterations, additions and/or improvements shall not involve or affect the exterior or the structure of the Building or any of the mechanical or plumbing systems of the Building or the base building electrical system, as such base building electrical system exists after Tenant's installation of the Work (but such alterations may include minor electrical alterations not affecting the base building electrical system); and (iv) Tenant shall comply with all requirements of this Lease with respect to such alterations, additions and/or improvements other than obtaining the prior approval of Landlord. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or change advertising media of any type on or about the architectural appearance of the building or other construction except with Premises without the prior written consent of LessorLandlord, which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any such painting or installation which would affect the appearance of the exterior of the Building or of any common areas of the Building. Lessor mayNotwithstanding any provisions of the preceding sentence to the contrary, as a further condition if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to giving consent theretothe painting or installation of lighting or decorations, require Lessee to post bond with Lessor in the sum equal to estimated cost of said alterationsigns, additionwindow or door lettering, or improvements securing advertising media of any type on or about the Lessor against loss, claim or leans by reason Premises which would affect the exterior of the installation thereofBuilding. All alterations, additions, and improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord's approval of the plans and specifications therefor shall not be a representation by Landlord that such alterations, additions, or improvements to comply with any Law. Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be done required to pay any out-of-pocket expenses in a workmanlike manner and shall remain for the benefit of the Lessor. Lessee shall give Lessor written notice at least ten (10) days in advance of the commencement of any alteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibilityconnection therewith.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Improvements; Alterations. a) Lessee shall not make or permit Except for any alterations or work to be performed by Landlord pursuant to Exhibit D attached to this Lease (“Tenant Improvements”), all improvements to the Premises weaken shall be installed at Tenant’s expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. No alterations or physical additions in or to the structural strengthPremises costing in excess of $25,000.00 in the aggregate for any one (1) Lease Year may be made without Landlord’s prior written consent, lessen which shall not be unreasonably withheld or delayed; however, Landlord may, in its sole discretion, withhold its consent to any alteration or addition that would affect the value ofComplex’s structure or its HVAC, plumbing, electrical, or change mechanical systems. All such alterations other than the architectural appearance Tenant Improvements installed by or on behalf of Tenant shall hereinafter be referred to as “Tenant’s Alterations”. All Tenant’s Alterations shall become the property of Landlord and shall be surrendered as part of the building Premises upon the expiration or other construction except with earlier termination of this Lease; provided, however, that Tenant may be required to remove those Tenant’s Alterations requiring Landlord’s approval hereunder if, as a condition of Landlord’s approval, Landlord requires the removal of the same upon the expiration or earlier termination of this Lease. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises without the prior written consent of Lessor. Lessor mayLandlord, as a further condition which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to giving consent thereto, require Lessee to post bond with Lessor in any such painting or installation which would affect the sum equal to estimated cost of said alteration, addition, or improvements securing the Lessor against loss, claim or leans by reason appearance of the installation thereofexterior of the Complex or of any common areas of the Complex. Notwithstanding the foregoing, Landlord agrees that Tenant may construct and install a monument and fascia signage and other branding and signage, at Tenant’s sole cost (“Tenant’s Signage”), subject to the prior approval of the City of Saint Xxxx, Tenant’s compliance with all applicable Laws, and the prior approval of Landlord with respect to the design, location and number of such signs, which approval shall not be unreasonably withheld. Landlord agrees to cooperate with Tenant to obtain the City of Saint Paul’s approval for Tenant’s Signage as approved by Landlord (provided that Landlord shall incur no costs with respect to the same), but Tenant shall have primary responsibility for taking all actions necessary to seek the approval of the City of Saint Xxxx. Notwithstanding anything to the contrary in this Section 8, Tenant shall be required to remove Tenant’s Signage upon the expiration or earlier termination of this Lease, and to repair any damage caused by such removal to Landlord’s satisfaction. Tenant’s removal and repair obligations hereunder shall survive the expiration or earlier termination of this Lease. Landlord agrees to provide Building standard directory board and tenant suite identification at no cost to Tenant. All alterations, additions, and improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord’s approval of the plans and specifications therefor shall not be a representation by Landlord that such alterations, additions, or improvements to the Premises shall be done in a workmanlike manner and shall remain for the benefit of the Lessor. Lessee shall give Lessor written notice at least ten (10) days in advance of the commencement of any alteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibility.
b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Leaseany Law.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract
Samples: Office Lease Agreement (Cray Inc)
Improvements; Alterations. a) Lessee shall not make or permit any alterations or improvements Improvements to the Premises weaken shall be installed at the structural strengthexpense of Tenant only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. After the initial Tenant improvements are made, lessen no alterations or physical additions in or to the value ofPremises may be made without Xxxxxxxx's prior written consent. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or change advertising media of any type on or about the architectural appearance of the building or other construction except with Premises without the prior written consent of Lessor. Lessor may, as a further condition to giving consent thereto, require Lessee to post bond with Lessor in the sum equal to estimated cost of said alteration, addition, or improvements securing the Lessor against loss, claim or leans by reason of the installation thereofLandlord. All alterations, additions, or improvements (whether temporary or permanent in character, and including without limitation all air-conditioning equipment and all other equipment that is in any manner connected to the Building's plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property at the end of the Tenn and shall remain on the Premises without compensation to Tenant. Approval by Landlord of any of Tenant's drawings and plans and specifications prepared in connection with any improvements in the Premises shall not constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications, or the improvements to which they relate, for any use, purpose, or condition, but such approval shall merely be done the consent of Landlord as required hereunder. Notwithstanding anything in a workmanlike manner and this Lease to the contrary, Tenant shall remain be responsible for the benefit cost of all work required to comply with the retrofit requirements of the Lessor. Lessee shall give Lessor written notice Americans with Disabilities Act of 1990, and all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the premises at least ten (10) days in advance the request of or by Tenant or by Xxxxxx's use of the commencement Premises (other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of any alteration, addition or improvement upon whether such cost is incurred in connection with retrofit work required in the Premises so Lessor may post appropriate notice of non- responsibility.
b(including the Work described in Exhibit D) If applicable, the following conditions must be satisfied prior to occupancy or in other areas of the PremisesBuilding.
i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order.
ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.
Appears in 1 contract