Improvements; Alterations. 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 alterations, additions or improvements to the Building, 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) 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 advertising media of any type on or about the Premises without the prior written consent of Landlord, 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. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect 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 approval of the plans and specifications therefor shall not be a representation by Landlord that such alterations, additions, or improvements 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 required to pay any out-of-pocket expenses in connection therewith.
Appears in 1 contract
Improvements; Alterations. 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 by Tenant, as more particularly described in the Workletter. The cost of any tenant improvements and all fees and expenses relating thereto in excess of the amount of said allowance shall be installed at borne and paid for by Tenant's expense only in accordance . Landlord will enter into a contract with plans the general contractor to perform the alterations and specifications which have been previously submitted to and approved in writing by Landlordtenant improvements. No other 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 could affect the Building's structure or its HVAC, plumbing, electrical, electrical or mechanical systems. Notwithstanding the foregoing, Tenant may from time to time make alterations, additions or improvements to the Building, 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) 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 decorationslighting, 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 or delayed; however, . Landlord may withhold its consent to any such painting or installation which would could affect the appearance of the exterior of the Building or of any common areas of the Building. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Building. All alterations, additions, and improvements shall 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, maintained and used by Tenant, Tenant at its own risk and expense, expense in accordance with all Laws; laws. Landlord's approval of the plans and specifications therefor shall is not be a representation by Landlord that such alterations, additions, or improvements comply with any Lawlaw. Prior to commencing any work, Tenant agrees to pay to Landlord shall cooperate with Tenant in obtaining a supervisory and administrative fee equal to five percent (5%) of the cost of any permits alterations, additions or licenses sought improvements performed by Tenant subsequent to the tenant improvements described in connection with the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises provided Landlord shall never be required to pay upon the completion of any out-of-pocket expenses in connection therewithalterations, additions or improvements.
Appears in 1 contract
Samples: Lease Agreement (Hotjobs Com LTD)
Improvements; Alterations. Improvements Except as expressly set forth in this Lease, improvements to the Premises shall be installed at Tenant's the expense only of Tenant in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlordthe attached Exhibit “D”. No alterations or physical additions in or to the Premises may be made without Landlord's ’s prior written consent. At the time that Landlord gives any consent to Tenant for alterations, which shall not be unreasonably withheld physical additions, or delayed; howeverimprovements in or to the Premises, 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 alterations, additions or improvements to the Building, without the consent of Landlord and without Landlord's approval of plans, providedshall specifically designate in writing: (i) each of the cost thereof shall not exceed Twenty-Five Thousand Dollars ($25,000.00) in approved alterations or additions, if any, that Tenant will be required to remove from the aggregate in any consecutive twelve-month periodPremises at the end of the Term and the restoration requirements that will be associated with such removal; and (ii) Tenant shall, prior to commencing any such all alterations, additions and/or 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 Building’s plumbing system) made 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 upon the exterior or Premises that will be Landlord’s property at the structure end of the Building or any of Term and remain on the mechanical or plumbing systems of the Building or the base building electrical system, as such base building electrical system exists after Premises without compensation to 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 advertising media of any type on or about the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld withheld, conditioned or delayed; however. 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, Landlord may withhold its consent shall be responsible to any such painting or installation deliver the Premises to Tenant with all base building work for the Building and the Premises completed (subject to typical punch list items) in accordance with Landlord’s approved base building plans for the Building, which would affect 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 appearance Americans With Disabilities Act of 1990 and all rules, regulations, and guidelines promulgated thereunder, and other federal, state, and local accessibility Laws as each of the exterior same may be amended from time to time (collectively the “ADA”). Subsequent to Landlord’s delivery of the Building 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 any common 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. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required Except for Tenant’s foregoing obligations with respect to the painting or installation of lighting or decorationsPremises, signs, window or door lettering, or advertising media of any type on or about Landlord shall deliver the Premises which would affect the exterior of the Building. All alterations, additions, and improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, to Tenant in accordance compliance with all Laws; Landlord's approval of , including the plans ADA, and specifications therefor shall not at all times during the Term be a representation by Landlord that responsible to maintain the Project and the Building (other than the Premises) in compliance with such alterations, additions, or improvements 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 required to pay any out-of-pocket expenses in connection therewithLaws.
Appears in 1 contract
Improvements; Alterations. Improvements to the Premises shall be installed at Tenant's the expense of Tenant only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. No After the initial Tenant improvements are made, 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 alterations, additions or improvements to the Building, 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) 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 advertising media of any type on or about the Premises without the prior written consent of Landlord, which approval 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. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Building. All alterations, additions, or improvements (whether temporary or permanent in character, and improvements 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 constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord's approval 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 therefor prepared in connection with any improvements in the Premises shall not be 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 Landlord that such alterationsany installations, additions, or improvements comply with any Law. Landlord shall cooperate with Tenant alterations made in obtaining any permits or licenses sought 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), regardless of whether such cost is incurred in connection with retrofit work required in the Premises provided Landlord shall never be required to pay any out-of-pocket expenses (including the Work described in connection therewithExhibit D) or in other areas of the Building.
Appears in 1 contract
Improvements; Alterations. Improvements Except as expressly provided in Exhibit D hereto, improvements to the Premises shall be installed at Tenant's ’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 provisions set forth in this Section 8.1. No alterations or physical additions in or to the Premises (including the installation of systems furniture or other equipment or personal property that affects or otherwise connects to the Building’s Systems) may be made without Landlord's ’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 • adversely affect (in the reasonable discretion of Landlord) the Building's structure ’s Structure or its HVAC, plumbing, electricalthe Building’s Systems (including the Project’s restrooms or mechanical rooms), or mechanical systems• affect (in the sole discretion of Landlord) the exterior appearance of the Project, appearance of the Project’s common areas or elevator lobby areas, quiet enjoyment of other tenants or occupants of the Project, or provision of services to other occupants of the Project. Notwithstanding To the foregoingextent that Landlord grants Tenant the right to use areas within the Project, Tenant may from time to time make alterations, additions or improvements whether pursuant to the Building, without the consent terms of Landlord and without Landlord's approval of plans, provided: (i) the cost 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 this Lease or through plans and specifications 19 for subsequently approved by Landlord (and without implying that Landlord shall grant any such alterationsapprovals), additions and/or improvements; (iii) such alterations, additions and/or improvements shall not involve or affect in no event may Tenant use more than its Proportionate Share of the exterior or the structure of areas within the Building or any of utility capacity made available by Landlord for general tenant usage for Tenant’s installations and operations in the mechanical or plumbing systems of the Building or the base building Premises (including chilled water, electricity, telecommunications room space, electrical systemroom space, 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 systemplenum space and riser space); , and (iv) Tenant shall comply with all requirements the provisions of this Lease Section with respect to all such alterationsitems, additions and/or improvements other than obtaining the prior approval of Landlordincluding Tenant’s Off-Premises Equipment. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about visible from the exterior of the Premises without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Notwithstanding the foregoing, but subject to Section 8.2 below with respect to the Visible Premises, Tenant shall not be unreasonably withheld required to obtain Landlord’s consent for repainting, recarpeting, or delayed; howeverother alterations, tenant improvements, or physical additions to the Premises which are cosmetic in nature totaling less than $20,000 in any single instance or series of related alterations performed within a six-month period (each a “Minor Alteration”) (provided that Tenant shall not perform any improvements, alterations or additions to the Premises in stages as a means to subvert this provision), in each case provided that (i) Tenant delivers to Landlord may withhold its consent written notice thereof, a list of contractors and subcontractors to perform the work (and certificates of insurance for each such party) and any plans and specifications therefor prior to commencing any such painting alterations, additions, or improvements (for informational purposes only so long as no consent is required by Landlord as required by this Lease), (ii) the installation which would thereof does not require the issuance of any building permit or other governmental approval, or involve any core drilling or the configuration or location of any exterior or interior walls of the Building, and (iii) such alterations, additions and improvements will not affect (a) the Building’s Structure or the Building’s Systems, (b) the provision of services to other Building tenants, or (c) the appearance of the exterior of the Building or of any Building’s common areas of the Building. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Building. For clarity, Tenant must notify Landlord in writing prior to making any alterations, additions or improvements to the Premises or elsewhere at the Project regardless of whether Landlord’s consent is required hereunder. 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 ’s consent to or approval of any alterations, additions or improvements (or the plans and specifications therefor therefor) shall not be constitute a representation or warranty by Landlord Landlord, nor Landlord’s acceptance, that such alterations, additions, or improvements the same comply with any Law. Landlord sound DMWEST #36871000 v9 0 XXXXX XXXX architectural and/or engineering practices or with all applicable Laws, and Tenant shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to pay any out-of-pocket expenses in connection therewithsolely responsible for ensuring all such compliance.
Appears in 1 contract
Improvements; Alterations. 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, which approval shall be governed by the provisions 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, which consent shall not be unreasonably withheld withheld, conditioned or delayed; provided, however, Landlord may shall not unreasonably withhold its consent to any alteration or addition that would not affect (in the reasonable discretion of Landlord) the (1) Building's Structure or the Building's structure or its HVAC, plumbing, electrical, Systems (including the Building's restrooms or mechanical systems. Notwithstanding the foregoingrooms), Tenant may from time to time make alterations, additions or improvements to (2) exterior appearance of the Building, without (3) appearance of the consent Building's common areas or elevator lobby areas, (4) provision of Landlord and without Landlord's approval services to other occupants of plansthe Building, provided: (i5) the cost thereof shall not exceed Twenty-Five Thousand Dollars ($25,000.00) safety of other tenants in the aggregate in any consecutive twelve-month period; Building, and (ii6) Tenant shallthe appearance, prior to commencing any such alterationscharacter, additions and/or improvements in the Building in connection therewithreputation, furnish Landlord with a complete set of plans value, marketability, 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 desirability of the Building or any of the mechanical or plumbing systems of the Building or the base building electrical systemBuilding, 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 in each instance is in compliance with all requirements of this Lease with respect to such alterations, additions and/or improvements other than obtaining the prior approval of Landlordapplicable Laws. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about visible from the exterior of the Premises without the prior written consent of Landlord, which shall not consent may 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. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, in Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Buildingsole and absolute discretion. 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. Landlord shall have no liability to Tenant or any other party in connection with Landlord's approval of any plans and specifications therefor for any alterations, or Landlord's consent to Tenant's performing any alterations. Notwithstanding anything to the contrary herein, Tenant shall not be a representation by Landlord permitted to make interior, non- structural alterations within the Premises without Landlord's prior consent (but with five (5) business days prior written notice thereof to Landlord), provided that such alterations (i) do not affect or impact any structural components or any mechanical, electrical or plumbing systems or equipment of the Building, (ii) do not impact any other tenant's premises, (iii) are not visible from outside of the Premises, (iv) do not exceed Twenty-Five Thousand Dollars ($25,000) in the aggregate, and (v) do not require the issuance of a building permit; provided that such alterations shall be subject to the other terms and conditions of this Lease governing improvements and alterations, additions, or improvements 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 required to pay any out-of-pocket expenses in connection therewith.
Appears in 1 contract
Improvements; Alterations. Tenant's final MENTS; ------------------------- ALTERATIONS; improvements as depicted in the plans (the "Final REPAIRS; Plans") to be approved by Landlord and Tenant, such MAINTENANCE approval not to be unreasonably withheld, shall 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 shall be installed at Tenant's the expense of Tenant only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. No After the initial Tenant improvements are made, no material 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 alterations, additions or improvements to the Building, 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) 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 advertising media of any type on or about the Premises without the prior written consent of Landlord, 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. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Building. All alterations, additions, or improvements (whether temporary or permanent in character, and improvements 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 constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord's approval 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 therefor prepared in connection with any improvements in the Premises shall not be 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 Landlord that such alterationsany installations, additions, or improvements comply with any Law. Landlord shall cooperate with Tenant alterations made in obtaining any permits or licenses sought 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), regardless of whether such cost is incurred in connection with retrofit work required in the Premises provided Landlord shall never be required to pay any out-of-pocket expenses (including the Work described in connection therewithExhibit D) or in other areas of the Building.
Appears in 1 contract
Samples: Lease Agreement (Intira Corp)
Improvements; Alterations. Improvements Except as otherwise ALTERATIONS; ------------------------- REPAIRS; specified in this Lease or in any Exhibit hereto, improvements MAINTENANCE to the Premises as well as installation of sinage and satellite dish provided for in Sections 23u and 23v below, shall be installed at Tenant's the expense of Tenant only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. No , After the initial 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, 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 alterations, additions or improvements to the Building, 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) 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 advertising media of any type on or about the Premises without the prior written consent of Landlord, 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. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Building. All alterations, additions, and or improvements shall be constructed, maintained(whether temporary or permanent in character, and used 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, except the initial Tenant Improvement paid for by Landlord, shall at Landlord's option, either be removed by Tenant, at its risk and expense, in accordance with all Laws; shall become Landlord's approval property at the end of the Term and shall remain on the 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 Term. Approval by Landlord of any of Tenant's drawings and plans and specifications therefor shall not be a representation by Landlord that such alterations, additions, or improvements comply with any Law. Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant prepared in connection with any improvements, alterations or additions in the Premises provided as well as signage and satellite dish 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 never merely be the consent of Landlord as required hereunder. Notwithstanding the above provision, Landlord shall, at Tenant's written request, notify Tenant at time of alteration if alteration will have to pay any out-of-pocket expenses in connection therewithbe removed upon termination of Lease.
Appears in 1 contract
Improvements; Alterations. Improvements to the Premises shall be installed at Tenant's ’s expense (other than the Work, as defined in Exhibit D hereto, for which Landlord shall provide the Construction Allowance) 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 provisions set forth in this Section 8.1. No alterations or physical additions in or to the Premises (including the installation of systems furniture or other equipment or personal property that affects or otherwise connects to the Building’s Systems) may be made without Landlord's ’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 (a) adversely affect (in the reasonable discretion of Landlord) the Building's structure ’s Structure or its HVAC, plumbing, electricalthe Building’s Systems (including the Project’s restrooms or mechanical rooms), or mechanical systems. Notwithstanding (b) affect (in the foregoing, Tenant may from time to time make alterations, additions or improvements to sole discretion of Landlord) the Building, without the consent of Landlord and without Landlord's approval of plans, provided: (i) exterior appearance of the cost thereof shall not exceed Twenty-Five Thousand Dollars ($25,000.00) in the aggregate in any consecutive twelve-month period; Project, (ii) Tenant shallappearance of the Project’s common areas or elevator lobby areas, 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; or (iii) such alterations, additions and/or improvements shall not involve or affect the exterior or the structure provision of services to other occupants of the Building Project. Further, Landlord may condition its consent to any alteration or any addition on Tenant’s obtaining a letter of the mechanical credit, bond or plumbing systems other form of the Building or the base building electrical systemsecurity satisfactory to Landlord, as such base building electrical system exists after in its reasonable discretion, to ensure 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 ’s compliance with all requirements of this Lease with respect to such alterations, additions and/or improvements other than obtaining the prior approval of Landlordits obligations hereunder. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about visible from the exterior of the Premises without the prior written consent of Landlord, which shall not consent may 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. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the in Landlord’s sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Buildingand absolute discretion. 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 ’s consent to or approval of any alterations, additions or improvements (or the plans and specifications therefor therefor) shall not be constitute a representation or warranty by Landlord Landlord, nor Landlord’s acceptance, that such alterations, additions, or improvements the same comply with any Law. Landlord sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to pay any out-of-pocket expenses in connection therewithsolely responsible for ensuring all such compliance.
Appears in 1 contract
Samples: Lease Agreement (RetailMeNot, Inc.)
Improvements; Alterations. Improvements to the Premises shall be installed at Tenant's 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 or delayed. No After the initial Tenant improvements are made, no alterations or physical additions in or to the Premises may be made without Landlord's prior written consent, which shall . Landlord agrees not be to unreasonably withheld withhold or delayed; however, Landlord may withhold delay 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 alterations, additions or improvements to the Building, 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) 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 non-structural alterations which do not affect the prior approval Building systems and are not visible from the exterior of Landlordthe Premises. 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 . Landlord agrees not be to unreasonably withheld withhold or delayed; however, Landlord may withhold delay its consent with respect to any such painting or installation which would affect the appearance of items that are not visible from the exterior of the Building or of any common areas of the Building. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the BuildingPremises. All alterations, additions, or improvements (whether temporary or permanent in character, and improvements 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 constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord's approval 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 therefor prepared in connection with any improvements in the Premises shall not be constitute a representation by or warranty of Landlord that as to the adequacy or sufficiency of such alterationsdrawings, additionsplans and specifications, or the improvements comply 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, with any Lawrespect to the Premises Tenant shall be responsible for complying with 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 (collectively, the "ADA"). Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection be responsible for complying with the Premises provided Landlord shall never be required ADA with respect to pay any out-of-pocket expenses in connection therewiththe common areas of the Building.
Appears in 1 contract
Samples: Service Agreement (American Physician Partners Inc)
Improvements; Alterations. 6.1 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”) 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 changes to the Premises (“Alterations”), without Landlord’s prior written consent, not to be unreasonably withheld; provided, however, Tenant shall have the right to make any Alterations to the Premises, without Landlord’s consent, if the same do not exceed a cost of $50,000.00 and do not constitute structural, building systems, or weight-bearing Alterations to the Premises. Any such Tenant Improvements or Alterations shall be installed completed by Tenant at Tenant's expense only ’s sole cost and expense: (i) with due diligence, in accordance a good and workmanlike manner; (ii) in compliance with plans and specifications which have been previously submitted to and reasonably approved in writing by Landlord. No alterations or physical additions ; (iii) in or to compliance with the Premises may be made without Landlord's prior written consent, which shall not be unreasonably withheld or delayed; however, construction rules and regulations promulgated by 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 alterations, additions or improvements to for the Building, without the consent of Landlord and without Landlord's approval of plans, provided: ; (i) the cost thereof shall not exceed Twenty-Five Thousand Dollars ($25,000.00iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the aggregate in any consecutive twelve-month period; (ii) Tenant shallPremises, prior required to commencing any such alterations, additions and/or improvements in the Building in connection therewith, furnish Landlord comply fully with a complete set of plans all applicable Laws 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 necessitated by Tenant's installation of the Work (but such alterations may include minor electrical alterations not affecting the base building electrical system’s work); and (ivv) 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 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 comply with all requirements 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 this Lease construction work proposed by Tenant with respect to such alterationsTenant Improvements or Alterations is intended solely to protect Landlord, additions and/or improvements 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 than obtaining requirements. Except as otherwise provided in Landlord’s written consent for alterations or in the Construction Rider for Tenant Improvements, all Alterations, Tenant Improvements, and Landlord Improvements shall upon installation become part of the realty 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 Landlordthe 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. Tenant shall not paint or install lighting or decorationsobtain all applicable permits, signs, window or door lettering, or advertising media authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any type on or about Alterations.
6.3 Tenant shall keep the Premises without and the prior written consent Property free and clear of Landlordall liens arising out of any work performed, which shall materials furnished or 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 unreasonably withheld released by payment, bonding or delayed; howeverotherwise within thirty (30) days after Tenant receives actual knowledge of the attachment thereof, then, Landlord may withhold its consent shall have the right but not the obligation to cause the same to be released, and any such painting or installation sums reasonably expended by Landlord in connection therewith shall be payable by Tenant ten (10) days after written demand with interest thereon from the date which would affect is the appearance of 11th day after Landlord’s notice at the exterior of Interest Rate (as defined in Section 16.2—Interest). Tenant shall give Landlord reasonable notice prior to the Building or commencement of any common areas of the Building. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Building. All alterations, additions, Alterations 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. Landlord shall reasonably cooperate with Tenant Landlord in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to pay any outposting and maintaining notices of non-of-pocket expenses responsibility in connection therewith.
6.4 Subject to the provisions of Section 5—
Appears in 1 contract
Samples: Lease Agreement (PharMEDium Healthcare Holdings, Inc.)
Improvements; Alterations. Improvements to the Premises shall be installed at Tenant's 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, conditioned or delayed except to the extent that the subject improvements are subject to approval in Landlord's sole discretion as hereinafter set forth, in which event Landlord may withhold approval of such plans and specifications in its sole discretion. No After the initial 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 withheld, conditioned or delayed; provided, however, that Landlord may withhold its consent in its sole and absolute discretion to any alteration or addition (or plans or specifications therefor) that (i) would affect the Building's structure structure, or its (ii) would affect the Building's HVAC, plumbing, electrical, or mechanical systems, except that Permitted HVAC/MEP Alterations shall only be subject to Landlord's reasonable approval. Notwithstanding As used herein, "PERMITTED HVAC/MEP ALTERATIONS" means (x) any such alterations or additions (or such plans and specifications) that are limited to changes in those portions of the foregoingHVAC, Tenant may from time to time make alterationsplumbing, additions mechanical, or improvements electrical systems that are located within the Premises and that are limited in function to the Buildingdistribution of air, without water and electricity within the consent of Landlord and without Landlord's approval of plans, provided: (i) the cost thereof shall Premises which changes cannot exceed Twenty-Five Thousand Dollars ($25,000.00) in the aggregate in any consecutive twelve-month period; (ii) Tenant shall, prior reasonably be expected to commencing any have an adverse impact on 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 portions of the Building systems not located within the Premises or any on the delivery of air, water and electricity to other portions of the mechanical or plumbing systems Building; and (y) the installation of supplemental HVAC equipment for the Premises which Tenant would otherwise have been permitted to install as part of the Building or Work pursuant to Section 7.(b), provided that such installation shall be subject to the base building electrical systemapproval rights of Landlord under, as and be performed in accordance with the terms and provisions of, Section 26.(c), the provisions of EXHIBIT D which would have been applicable thereto if such base building electrical system exists after Tenant's installation supplemental HVAC equipment had been installed in connection with the performance of the Work (but such alterations may include minor electrical alterations not affecting including, without limitation, Paragraphs 3, 4, and 5 thereof), and the base building electrical system); and (iv) Tenant shall comply with all requirements other provisions of this Lease with respect to such alterations, additions and/or improvements other than obtaining the prior approval of LandlordLease. 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 consent shall not be unreasonably withheld withheld, conditioned or delayed; however, Landlord may withhold its consent in its sole and absolute discretion 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. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior elevator lobby areas of the Building. All alterations, additions, or improvements (whether temporary or permanent in character, and improvements 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 constructed, maintained, Landlord's property at the end of the Term and used by shall remain on the Premises without compensation to Tenant, at its risk except unattached trade fixtures, furniture and expense, in accordance with all Laws; Landlordpersonal property which Tenant is entitled to remove pursuant to Section 21. Approval by Landlord of any of Tenant's approval of the drawings and plans and specifications therefor shall not be a representation by Landlord that such alterations, additions, or improvements comply with any Law. Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant prepared in connection with any improvements in the Premises provided 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, as between Landlord and Tenant, (1) Tenant shall bear the risk of complying with Title III of the Americans with Disabilities Act of 1990, the Texas Elimination of Architectural Barriers Act, and all rules, regulations, and guidelines promulgated under either of such acts, as they may be amended from time to time (the "DISABILITIES ACTS"), in the Premises, and (2) Landlord shall never bear the risk of complying with the Disabilities Acts in the common areas of the Building, other than compliance that is necessitated by the use of the Premises for other than the Permitted Use (which risk and responsibility shall be required to pay any out-of-pocket expenses in connection therewithborne by Tenant).
Appears in 1 contract
Improvements; Alterations. 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 shall not be required to time make alterationsobtain Landlord's consent for repainting, additions recarpeting, or improvements to other cosmetic alterations totaling less than $5,000 in any single instance or series of related alterations performed within a six-month period, provided that such alterations do not affect the configuration or location of any exterior or interior walls of the Building, without the consent of Landlord and without LandlordHVAC system, the Building's approval of plansstructure, provided: (i) the cost 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 Building's electrical, plumbing, or any of the other 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 Landlordsystems. 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 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. Notwithstanding For taxation purposes only, any provisions additions or alterations to the Premises will be deemed to be the property of Tenant during the Term of this Lease, and Tenant may claim any tax credits and depreciate such property. 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 preceding sentence to Term (and Tenant shall repair all damage caused thereby), or shall remain on the contrary, if Tenant is Premises at the sole occupant end of the Building, Landlord's prior written consent shall only be required with respect Term without compensation to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the BuildingTenant. 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. Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to pay any out-of-pocket expenses in connection therewith.
Appears in 1 contract
Improvements; Alterations. Improvements to the Premises shall be installed at Tenant's ’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 provisions set forth in this Section 8.1. No alterations or physical additions in or to the Premises may be made without Landlord's ’s prior written consent, which shall not be unreasonably withheld 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 reasonable discretion of Landlord) the Building's structure ’s Structure or its HVAC, plumbing, electricalthe Building’s Systems (including the Project’s restrooms), or mechanical systems. Notwithstanding (b) affect more than to a de minimis extent (in the foregoing, Tenant may from time to time make alterations, additions or improvements to the Building, without the consent sole but reasonable discretion of Landlord and without Landlord's approval of plans, provided: (i) the cost 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 appearance 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 LandlordProject. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about visible from the exterior of the Premises without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Notwithstanding the foregoing, Tenant shall not be unreasonably withheld required to obtain Landlord’s consent for (1) repainting or delayed; howeverrecarpeting (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 means to subvert this provision), in each case provided that (A) Tenant delivers to Landlord may withhold its consent written notice thereof, a list of contractors and subcontractors to perform the work (and certificates of insurance for each such party) and any plans and specifications therefor prior to commencing any such painting alterations, additions, or improvements (for informational purposes only so long as no consent is required by Landlord as required by this Lease), (B) the installation which would affect thereof does not require the appearance of the exterior of the Building or issuance of any common areas building permit or other governmental approval, or involve any core drilling or the configuration or location of the Building. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant exterior or interior walls of the Building, Landlord's prior written consent shall only be required with respect to and (C) such alterations, additions and improvements will not affect (i) the painting Building’s Structure or installation of lighting or decorations, signs, window or door letteringthe Building’s Systems, or advertising media (ii) the appearance of any type on or about the Premises which would affect 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 ’s consent to or approval of any alterations, additions or improvements (or the plans and specifications therefor therefor) shall not be constitute a representation or warranty by Landlord Landlord, nor Landlord’s acceptance, that such alterations, additions, or improvements the same comply with any Law. Landlord sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to pay any out-of-pocket expenses in connection therewithsolely responsible for ensuring all such compliance.
Appears in 1 contract
Samples: Lease Agreement (Ciena Corp)
Improvements; Alterations. Improvements 8.1.1 Tenant shall not make, or allow to be made, any alterations, physical additions, improvements or partitions, including without limitation 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 attachment of any fixtures or physical additions in equipment, in, about or to the Premises may be made (“Alterations”) 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 alterations, additions or improvements to the Building, 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) 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 advertising media of any type on or about the Premises without the prior written consent of Landlord, 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 delayedthe 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); however, Landlord may withhold its consent to and (3) will not interfere with the use and occupancy of any such painting or installation which would affect the appearance of the exterior other portion of the Building or of Project by any common areas other tenant or its invitees. Specifically, but without limiting the generality of the Buildingforegoing, 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. Notwithstanding Tenant shall also supply to Landlord any provisions documents and information requested by Landlord in connection with Landlord’s consideration of the preceding sentence 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 contraryAlterations 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, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect including any costs or expenses which Landlord may incur in electing to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Buildinghave outside architects and engineers review said plans and specifications. All alterationssuch Alterations shall remain the property of Tenant until the expiration or earlier termination of this Lease, additions, and improvements at which time they shall be constructedand become the property of Landlord; provided, maintainedhowever, and used by that Landlord may, at Landlord’s option, require that Tenant, at its risk and 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 their condition existing prior to the construction of any such Alterations. All 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 Laws; Landlord's approval or any portion of the plans and specifications therefor Alterations shall not be a representation performed by Landlord that for Tenant’s account and Tenant shall pay Landlord’s estimate of the cost thereof (including a reasonable charge for Landlord’s overhead and profit) prior to commencement of the work. In addition, at Landlord’s election and notwithstanding the foregoing, however, Tenant shall pay to Landlord the cost of removing any such alterations, additions, or improvements comply with any Law. Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with 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 before beginning construction of any Alteration, Tenant shall never 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 required to pay any out-of-pocket expenses recorded in connection therewiththe office of the recorder of the county in which the Building is located.
Appears in 1 contract
Improvements; Alterations. 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 alterations, additions or improvements to the Building, 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) 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 advertising media of any type on or about the Premises without the prior written consent of Landlord, 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. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect 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 approval of the plans and specifications therefor shall not be a representation by Landlord that such alterations, additions, or improvements 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 required to pay any out-of-pocket expenses in connection therewith.
Appears in 1 contract
Improvements; Alterations. Improvements The provisions of this Section 6.1 shall 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 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 Building's structure or its HVAC, plumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant 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, 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. 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 alterations, additions or improvements to the Building, 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) 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 advertising media of any type on or about the Premises without the prior written consent of Landlord, 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. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Building. All alterations, additions, and improvements shall be constructed, maintained, maintained and used by Tenant, Tenant at its own risk and expense, expense in accordance with all Laws; laws. Landlord's approval of the plans and specifications therefor shall is not be a representation by Landlord that such alterations, additions, or improvements comply with any Lawlaw. Prior to commencing any work, Tenant agrees to reimburse Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with for the Premises provided Landlord shall never be required to pay any actual out-of-pocket expenses costs incurred to third parties by Landlord in connection therewithwith 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 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 required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems of the Building, (ii) 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 work.
Appears in 1 contract
Samples: Lease Agreement (Coolsavings Inc)
Improvements; Alterations. Initial Improvements to ALTERATIONS; the Premises, shall be installed in accordance with Exhibit D. REPAIRS; Improvements to the Premises shall be installed at Tenant's the expense MAINTENANCE of Tenant only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. No After the initial Tenant Improvements are made, no alterations or physical additions in or to the Premises may be made without Landlord's prior written consent. Tenant may, which shall not be unreasonably withheld subject to applicable law and Landlord's reasonable approval and management, install signage at the Premises. All alterations, additions, or delayed; howeverimprovements (whether temporary or permanent in character, Landlord may withhold its consent and including without limitation all air-conditioning equipment and all other equipment that is in any manner connected to any alteration or addition that would affect the Building's structure plumbing system) made in or its HVACupon the Premises, plumbingeither by Landlord or Tenant, electricalshall 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 mechanical systemsthe 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 at the request of or by Tenant or by Tenant's use of the Premises (other than retrofit work to the Building that is outside the Premises 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 (as defined in 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. Tenant's furniture, equipment and other personal property installed in the Premises shall at all times be Tenant's property, and Tenant may remove any or all of such property from the Premises at any time and from time to time make alterations, additions or improvements to the Building, 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) in the aggregate in any consecutive twelve-month period; (ii) provided that Tenant shall, prior to commencing any repairs all damages caused by 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 advertising media of any type on or about the Premises without the prior written consent of Landlord, 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. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect 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 approval of the plans and specifications therefor shall not be a representation by Landlord that such alterations, additions, or improvements 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 required to pay any out-of-pocket expenses in connection therewithremoval.
Appears in 1 contract
Samples: Lease Agreement (Avanex Corp)
Improvements; Alterations. Improvements to the Premises shall be installed at Tenant's the expense of Tenant only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. No After the initial Tenant improvements are made, 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 alterations, additions or improvements to the Building, 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) 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 advertising media of any type on or about the Premises without the prior written consent of Landlord. All alterations, which 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 unreasonably withheld or delayed; howeverthe consent of Landlord as required hereunder. Notwithstanding anything in this Lease to the contrary, Landlord may withhold its consent Tenant shall be responsible for the cost of all work within the Premises required to any such painting or installation which would affect comply with the appearance retrofit requirements of the exterior 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 Building or 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 responsible for the cost of any common all work required to comply with the ADA in connection with other areas of the Building. Notwithstanding any provisions the foregoing, all moveable partitions, cubical furniture and de-mountable wall systems are to be considered personal property of the preceding sentence Tenant (similar to furniture) and may be erected, moved, re-configured and removed, including minor electrical connections, without consent from Landlord provided that the contrary, if Tenant Building is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect returned to the painting its original or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect 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 approval of the plans and specifications therefor shall not be a representation by Landlord that otherwise satisfactory condition after such alterations, additions, or improvements 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 required to pay any out-of-pocket expenses in connection therewithremoval.
Appears in 1 contract
Improvements; Alterations. Improvements to the Premises shall be installed at Tenant's ’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 provisions set forth in this Section 8(a). No alterations or physical additions in or to the Premises may be made without Landlord's ’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 adversely affect (in the reasonable discretion of Landlord) (1) the Building's structure ’s Structure or its HVAC, plumbing, electrical, the Building’s Systems (including the Building’s restrooms or mechanical systems. Notwithstanding the foregoingrooms), Tenant may from time to time make alterations, additions or improvements to (2) exterior appearance of the Building, without the consent of Landlord and without Landlord's approval of plans, provided: (i3) the cost 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 appearance of the Building Building’s common areas or any elevator lobby areas, or (4) provision of services to other occupants 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 LandlordBuilding. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about visible from the exterior of the Premises without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Notwithstanding the foregoing, Tenant shall not be unreasonably withheld required to obtain Landlord’s consent for repainting, recarpeting, or delayed; howeverother 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 means to subvert this provision), in each case provided that (A) Tenant delivers to Landlord may withhold its consent written notice thereof, a list of contractors and subcontractors to perform the work (and certificates of insurance for each such party) and any plans and specifications therefor prior to commencing any such painting alterations, additions, or improvements (for informational purposes only so long as no consent is required by Landlord as required by this Lease), (B) the installation which would thereof does not require the issuance of any building permit or other governmental approval, or involve any core drilling or the configuration or location of any exterior or interior walls of the Building, 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 exterior of the Building or of any Building’s common areas or the exterior of the Building. Notwithstanding any provisions 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 to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Buildingare 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 ’s consent to or approval of any alterations, additions or improvements (or the plans and specifications therefor therefor) shall not be constitute a representation or warranty by Landlord Landlord, nor Landlord’s acceptance, that such alterations, additions, or improvements the same comply with any Law. Landlord sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to pay any out-of-pocket expenses in connection therewithsolely responsible for ensuring all such compliance.
Appears in 1 contract
Improvements; Alterations. Improvements All alterations, improvements, betterments and other physical additions in or to the Premises (collectively, “Alterations”) shall be installed at Tenant's ’s expense only in accordance with plans and specifications which that have been previously submitted to and approved in writing by Landlord. No alterations or physical additions , which approval shall be governed by the provisions set forth in or this Section 8(a), and otherwise in accordance with the provisions hereof, except with respect to the Premises Tenant Improvements (as defined in the Tenant Work Letter attached hereto as Exhibit D), which shall be governed by the terms and conditions thereof, and Cables (as defined below), which shall be installed, maintained, replaced and removed in accordance with the terms and conditions of Section 25 below. Except as provided in this Lease, no Alterations may be made without Landlord's ’s prior written consentconsent to such Alterations and the plans and specifications, and the construction means and methods, therefor, 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 reasonable discretion of Landlord) the (1) Building’s Structure or the Building's structure or its HVAC, plumbing, electrical, ’s Systems (including the Building’s restrooms or mechanical systems. Notwithstanding the foregoingrooms), Tenant may from time to time make alterations, additions or improvements to (2) exterior appearance of the Building, without (3) appearance of the consent Common Areas or elevator lobby areas, or (4) provision of services to other occupants of the Building. If Landlord and without Landlord's approval of plansconsents to Alterations, provided: Landlord may impose such conditions with respect thereto as are reasonably appropriate, including (A) requiring Tenant to furnish (i) the cost thereof shall not exceed Twenty-Five Thousand Dollars ($25,000.00) in the aggregate in any consecutive twelve-month period; [deleted], (ii) insurance against liabilities that may arise out of such work, and (iii) plans and specifications, and permits for such work, and (B) requiring (at the time that Landlord provides its consent to such Alterations) Tenant shall, to remove any and all such Alterations (including fixtures) in or to the Premises prior to commencing the expiration or earlier termination of this Lease at Tenant’s sole cost and expense (the terms set forth in Section 3.5 of the Tenant Work Letter shall govern with respect to Landlord’s notification to Tenant of any such alterations, additions and/or improvements in Tenant Improvements that Landlord will require to be removed prior to the Building in connection therewith, furnish Landlord with a complete set expiration or earlier termination of this Lease). Tenant’s plans and specifications 19 for any such alterationsand construction means and methods shall be subject to Landlord’s written approval, 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) to be unreasonably withheld. Tenant shall comply furnish to Landlord any documents and information requested by Landlord in connection with all requirements the exercise of this Lease with respect to such alterations, additions and/or improvements other than obtaining the prior approval of Landlordits rights hereunder. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about that is intended to be viewed from the exterior of the Premises (as reasonably determined by Landlord) without the prior written consent of Landlord, which shall not consent may 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. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, in Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Building’s reasonable discretion. All alterations, additions, and improvements Alterations shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all LawsLaws and the Landlord’s then current contractor rules and regulations; Landlord's ’s consent to or approval of any Alterations (or the plans and specifications therefor therefor) shall not be constitute a representation or warranty by Landlord 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. If, as a result of Tenant’s particular use of the Premises (as opposed to a general office use) or the making of any Alterations to the Premises and/or installation of any Tenant Improvements pursuant to this Section 8(a), Section 25 below, or the Tenant Work Letter, respectively, any other alterations, additionsimprovements, betterments or improvements comply with any Law. Landlord other 17 Second & Spring Avalara, Inc. physical additions shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to pay be made to any part of the Premises or the Project to comply with the requirements of any applicable Law, including the requirements of the Disabilities Act (as defined below), the Occupational Safety & Health Administration (OSHA), or the orders or requirements imposed by any health officer, fire marshal or building inspector, Tenant shall be solely responsible for the costs incurred to effect such compliance. If the required alteration, improvement, betterment or other physical addition will not affect the Building’s Structure or the Building’s Systems, Tenant shall perform such work subject to this Section 8(a). If the required alteration, improvement, betterment or other physical addition will affect the Building’s Structure or the Building’s Systems, Landlord shall have the right to perform such work and Tenant shall reimburse Landlord in an amount equal to Landlord’s reasonable, actual, out-of-pocket expenses costs plus five percent (5%) for overhead, which shall be payable within thirty (30) days of Landlord’s receipt of any invoice therefor, together with reasonable supporting evidence. Notwithstanding the foregoing provisions of this Section 8(a) to the contrary, Tenant may make non structural Alterations to the interior of the Premises (collectively, the “Acceptable Changes” and individually, each an “Acceptable Change”) without Landlord’s consent, provided that, with respect to each such Acceptable Change: (A) Tenant delivers to Landlord written notice of such Acceptable Change at least fifteen (15) days prior to the commencement thereof; (B) the aggregate cost of such Acceptable Change along with all other Acceptable Changes during any twelve (12) consecutive month period does not exceed Seventy-Five Thousand and 00/100 Dollars ($75,000.00); (C) such Acceptable Change is performed by or on behalf of Tenant in connection therewithcompliance with the other provisions of this Section 8; (D) such Acceptable Change does not require the issuance of a building permit or other governmental approval; (E) such Acceptable Change would not have an adverse effect (in Landlord’s reasonable discretion) on the Building’s Structure, the Building’s Systems (including the Building’s restrooms and mechanical rooms), or the provision of utilities or services to occupants of the Building; (F) such Acceptable Change cannot be seen from outside the Premises; and (G) such Acceptable Change is performed by qualified contractors and subcontractors that normally and regularly perform similar work in the Comparison Buildings.
Appears in 1 contract
Samples: Lease Agreement (Avalara Inc)
Improvements; Alterations. Improvements to the Premises shall be installed at Tenant's the expense of Tenant only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. No After the initial Tenant improvements are made, no alterations or physical additions in or to the Premises may be made without LandlordXxxxxxxx'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 alterations, additions or improvements to the Building, 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) 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 advertising media of any type on or about the Premises without the prior written consent of Landlord, 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. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Building. All alterations, additions, or improvements (whether temporary or permanent in character, and improvements 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 constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord's approval 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 therefor prepared in connection with any improvements in the Premises shall not be 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 Landlord that such alterationsany installations, additions, or improvements comply with any Law. Landlord shall cooperate with Tenant alterations made in obtaining any permits or licenses sought 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 provided Landlord shall never be required to pay any out-of-pocket expenses (including the Work described in connection therewithExhibit D) or in other areas of the Building.
Appears in 1 contract
Improvements; Alterations. Improvements to No improvements or alterations in or upon the Premises Premises, including not by limitation paint, wall coverings, floor coverings, light fixtures, window treatments, signs, advertising, or promotional lettering or other media, shall be installed at Tenant's expense only or made by Tenant except 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 approval shall not be unreasonably withheld or delayed; however, delayed except that Landlord may withhold approval of any improvements or alterations which it determines, in its consent to sole opinion, will materially and adversely affect any alteration structural 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 alterations, additions or improvements aesthetic (only to the Building, without extent visible from outside the consent of Landlord and without Landlord's approval of plans, provided: (iPremises or common areas) the cost 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 aspect of the Building or any of Building Systems. All improvements and alterations (whether temporary or permanent in character) made in or upon the mechanical Premises, either by Landlord or plumbing systems of the Building or the base building electrical systemTenant, as such base building electrical system exists after Tenant's installation of the Work shall (but such alterations may include minor electrical alterations not affecting the base building electrical system); and (ivi) Tenant shall comply with all requirements applicable laws, ordinances, rules and regulations, and (ii) be Landlord’s property at the end of this Lease with respect to such alterations, additions and/or improvements other than obtaining the prior approval of Landlord. Tenant Term and shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type remain on or about the Premises without the compensation to Tenant unless prior to installation, Tenant provides Landlord with written notice of all items which may be removed by Tenant and Landlord consents to such removal in advance. Such consent of Landlord, which shall not be unreasonably withheld or delayed; however, provided Landlord may withhold its condition such consent as it deems reasonably necessary including not by limitation requiring Tenant to replace any items upon removal with similar items comparable to any such painting or installation which would affect the appearance of the exterior of items in the Building or or, if not applicable, then Comparable Buildings. Approval by Landlord of any common areas of Tenant’s drawings and plans and specifications prepared in connection with any improvements in the BuildingPremises 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 any provisions Landlord warrants and agrees that it shall complete the Building Shell Construction in compliance with all then applicable governmental laws, rules and regulations, including not by limitation the Americans with Disabilities Act of 1990 (“ADA”) and Texas Accessibility Standards adopted by the preceding sentence Texas Commission on Licensing and Regulation (“TAS”) Thereafter, notwithstanding anything in this Lease to the contrary, if Tenant is the sole occupant shall be responsible for all costs incurred (as provided in Section 2.(c) of the Building, Landlord's prior written consent shall only be required with respect Exhibit C) to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about cause the Premises which would affect 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 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 such laws, rules or licenses sought regulations, including not by Tenant in connection with limitation the Premises provided Landlord shall never retrofit requirements of ADA and TAS, as the same may be required to pay any out-of-pocket expenses in connection therewithhereafter amended.
Appears in 1 contract
Samples: Lease Agreement (Realpage Inc)
Improvements; Alterations. Improvements 8.1.1. Tenant shall not make, or allow to be made, any alterations, physical additions, improvements or partitions, including without limitation 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 attachment of any fixtures or physical additions in equipment, in, about or to the Premises may be made ("ALTERATIONS") 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 alterations, additions or improvements to the Building, 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) 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 advertising media of any type on or about the Premises without the prior written consent of Landlord, 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 delayedthe 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); however, Landlord may withhold its consent to and (3) will not interfere with the use and occupancy of any such painting or installation which would affect the appearance of the exterior other portion of the Building or of Project by any common areas other tenant or its invitees. Specifically, but without limiting the generality of the Buildingforegoing, 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. Notwithstanding Tenant shall also supply to Landlord any provisions documents and information reasonably requested by Landlord in connection with Landlord's consideration of the preceding sentence 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 contraryAlterations 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, if 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 is until the sole occupant expiration or earlier termination of this Lease, at which time they shall be and become the Buildingproperty of Landlord; provided, however, that Landlord may, at Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorationsoption, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Building. All alterations, additions, and improvements shall be constructed, maintained, and used by require that Tenant, at its risk and 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 their condition existing prior to the construction of any such Alterations. Ail 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 all Laws; applicable law, at Tenant's sole expense.
8.1.2. Notwithstanding the foregoing, at Landlord's approval option (but without obligation), all or any portion of the plans and specifications therefor Alterations shall not be a representation performed by Landlord that for Tenant's account and Tenant shall pay Landlord's estimate of the cost thereof (including a reasonable charge for Landlord's overhead and profit) prior to commencement of the work. In addition, at Landlord's election and notwithstanding the foregoing, however, Tenant shall pay to Landlord the cost of removing any such alterations, additions, or improvements comply with any Law. Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with 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 before beginning construction of any Alteration, Tenant shall never 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 required to pay any out-of-pocket expenses recorded in connection therewiththe office of the recorder of the county in which the Building is located.
Appears in 1 contract
Samples: Lease Agreement (Qorus Com Inc)
Improvements; Alterations. Improvements to the Premises shall be installed at Tenant's ’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 provisions set forth in this Section 8(a). No alterations or physical additions in or to the Premises may be made without Landlord's ’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 adversely affect (in the reasonable discretion of Landlord) the (1) Building’s Structure or the Building's structure ’s Systems (including the Building’s restrooms or its HVAC, plumbing, electricalmechanical rooms), or mechanical systems. Notwithstanding the foregoing, Tenant may from time to time make alterations, additions or improvements to (2) exterior appearance of the Building, 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) 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 advertising media of any type on or about visible from the exterior of the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed; howeverand which installation shall be subject to Tenant obtaining approval of all applicable governmental authorities and compliance with any covenants, Landlord may withhold its consent to any such painting or installation which would affect conditions and restrictions affecting the appearance of the exterior of the Building or of any common areas of the Building. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the BuildingProject. 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 ’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 the foregoing, Landlord’s consent shall not be required for improvements if (i) such improvements do not adversely affect the Building’s Structure or the Building’s Systems, (ii) are not visible from the exterior of the Premises, (iii) the cost of such improvements does not exceed $50,000.00 in the aggregate; and (iv) Tenant provides Landlord at least 10 days’ prior written notice of its intent to make such improvements together with plans and specifications therefor for the same. All improvements shall not be a representation by Landlord that such alterations, additions, or improvements comply with any LawLaws and shall be made in good, workmanlike and lien-free manner. If (a) Landlord shall fail to grant or withhold its consent to improvements requiring the consent of Landlord within 15 business days following Tenant’s written request for consent, (b) Tenant thereafter again requests in writing Landlord’s consent of the proposed improvements which request shall indicate that Landlord’s consent shall be deemed granted if Landlord fails to respond, and (c) Landlord fails to notify Tenant in writing of Landlord’s granting or withholding of consent to the proposed improvements within five (5) business days following Tenant’s second request, Landlord’s consent shall be deemed granted. Landlord shall cooperate specify in reasonable detail the basis for the withholding of its consent to any proposed improvements. With respect to any proposed improvements, Tenant may, concurrently with Tenant’s request for approval or Tenant’s notice to Landlord of Tenant’s intent to make such improvements, request that Landlord notify Tenant in obtaining any permits or licenses sought if such improvements are to be removed by Tenant in connection with at the Premises provided expiration or earlier termination of this Lease. Tenant’s notice to Landlord shall never indicate that Landlord’s failure to notify Tenant within fifteen (15) business days following Tenant’s request as to whether such improvements are to be required so removed shall be deemed Landlord’s agreement that such improvements need not be so removed, and if Landlord fails to pay any out-of-pocket expenses in connection therewithso notify Tenant within said fifteen (15) business day period, Landlord shall be deemed to have agreed that such improvements need not be so removed.
Appears in 1 contract
Samples: Lease Agreement (Earthlink Inc)
Improvements; Alterations. Improvements Tenant is taking possession of the Premises in its "as-is" condition, subject to the Total Completion of Landlord's Work and further subject to the Premises being (i) free of any prior occupant's or Landlord's personal property and in broom clean condition, (ii) free of Hazardous Materials and structural defects, and, (iii) all systems that serve the Premises shall be in good condition and working order. Landlord's Work shall be completed in compliance with all applicable codes, rules, regulations and ordinances. Any additional 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, which approval shall not have been unreasonably withheld, delayed or conditioned. Tenant shall complete the build-out of a first class financial institution in accordance with the terms of the Work Letter attached here to as Exhibit "F", on or before such date which is the earlier of (1) the date on which Tenant opens business in, or conducts business from, the Premises, or (2) the date which is sixty (60) days after the Commencement Date. 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 withheld, conditioned or delayed; delayed and the approval, if applicable, of the City of Chicago, and any other body with authority over the Building, the Premises or Tenant's activities, any landmarks commission or authority (including, but not limited to, the Commission on Chicago Landmarks) and any person or entity, other than Landlord whose approval is required pursuant to the Declaration of Covenants, provided, however, that after the Commencement Date, Tenant may make alterations within the Premises which are not structural, do not adversely affect any Building system or the Common Area and are not outside the Premises with an aggregate cost of less than $50,000.00 in any lease year, without Landlord's prior consent, but Tenant shall, within thirty (30) days after completion of such non-structural alterations, provide Landlord may with advice thereof and plans and specifications therefor if so prepared. Landlord may, however, withhold its consent in its sole and absolute discretion to any alteration or addition that would affect the Building's structure structure, facade or Common Area (including, without limitation, any access to lobby, access to lobby areas, freight elevators or service contracts) or any of its HVAC, plumbing, electrical, or mechanical systems (including, without limitation, Building sprinkler and alarm systems. Notwithstanding the foregoing, Tenant may from time to time make alterations, additions ) or improvements which requires approval by any person or entity other than Landlord pursuant to the Building, without the consent Declaration of Landlord and without Landlord's approval of plans, provided: (i) the cost 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 LandlordCovenants. Tenant shall not paint or install exterior lighting or decorations, signs, awnings, window or door lettering, or advertising media of any type on or about visible from the exterior of the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed; provided, however, Landlord may withhold its consent to any such painting or installation (including, without limitation, signage and awnings) which would affect the appearance of the exterior of the Building or of any common areas Common Area of the BuildingBuilding or which are visible from the street. Notwithstanding any provisions the foregoing, but subject to (a) Landlord's approval which shall not be unreasonably withheld or delayed, (b) the approval of the preceding sentence City of Chicago, the Xxxxxxxx of the Xxxx in which the Building is located and any landmarks commission or authority (including, but not limited to the contraryCommission on Chicago Landmarks) and (c) the approval of any person or entity (other than Landlord), if whose approval is required by the Declaration of Covenants, Landlord will install, at Tenant's expense, or may permit Tenant is to install, signage for the sole occupant operation of Tenant's business at the Building of the Buildingfollowing nature, type and location (i) an identification plaque at the Michigan/Xxxxxx corner approximately 36 inches by 22 inches of look, style and the like reasonably approved by Landlord and Tenant alternatively, Landlord shall use commercially reasonable efforts to permit Tenant's name to appear on a clock at the Michigan/Xxxxxx corner which may be installed in the location shown on Exhibit "H" attached hereto and made a part hereof; and (ii) tasteful identification signs on the door to Tenant's lobby and on the pane immediately above such door, which signs may be backlit with low intensity white lights but shall not contain any colored, flashing or neon light. All signage shall be mutually acceptable to Landlord and Tenant and must be consistent in all respects with the signage of other tenants of the Retail Parcel. All alterations, additions, or improvements made in or upon the Premises shall, at Landlord's option, either be removed by Tenant prior written consent shall only be required with respect to the painting 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. In the event Tenant desires to leave any of its alterations, additions or improvement on the Premises at the time of expiration or sooner termination of this Lease, Tenant shall send written notice to Landlord requesting the same prior to the installation of lighting such alterations, additions or decorationsimprovements and Landlord shall determine, signsin writing, window within ten (10) business days after receipt of Tenant's request, whether Tenant shall be allowed to leave such alterations, additions or door lettering, or advertising media of any type improvements on or about the Premises which would affect at the exterior time of the Buildingexpiration or sooner termination of this Lease. 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 Lawlaw. Landlord Nothing contained herein shall cooperate with be construed as to give Tenant any rights make any alternations, additions or improvements which in any way affect the Facade Parcel, other than the signage rights granted to Tenant in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to pay any out-of-pocket expenses in connection therewiththis Section 6.1.
Appears in 1 contract
Samples: Lease Agreement (Privatebancorp Inc)
Improvements; Alterations. Improvements Except as described in Exhibit D attached hereto or as hereafter provided: (a) improvements to the Premises shall be installed at Tenant's ’s expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. No , which approval shall be governed by the provisions set forth in this Section 8(a) (b) no alterations or physical additions in or to the Premises may be made without Landlord's ’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 alterations, additions or improvements to the Building, 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) 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 (ivc) 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 advertising media of any type on or about visible from the exterior of the Premises without the prior written consent of Landlord, which . Landlord’s consent or approval as provided herein shall not be unreasonably withheld or delayeddelayed 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, Landlord may withhold its consent to any such painting alteration or installation which addition that would 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 Building, (3) the appearance of the exterior of the Building or of any Building’s common areas of the Building. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door letteringareas, or advertising media (4) the provision of any type on or about the Premises which would affect the exterior of the Buildingservices 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 ’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 specifications therefor 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 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 any one instance (and not more than One Hundred Thousand and No/100 Dollars ($100,000.00) in the 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 Building, (3) the appearance of the Building’s common areas, or (4) the provision of services to other Building occupants: and (ii) Landlord’s consent shall not be a representation by Landlord that such alterations, additions, or improvements comply required with any Law. Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with respect to minor cosmetic changes to the interior of the Premises provided (such as changing carpets floor coverings, wall coverings and paint). To the extent applicable, Tenant shall provide Landlord shall never be required to pay with final as-built plans detailing any out-of-pocket expenses in connection therewithalterations or additions installed by Tenant, regardless of whether Landlord’s prior consent was required.
Appears in 1 contract
Improvements; Alterations. Improvements to the Premises shall be installed at Tenant's ’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 provisions set forth in this Section 8(a). No alterations or physical additions in or to the Premises may be made without Landlord's ’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 adversely affect (in the reasonable discretion of Landlord) the (1) Building’s Structure or the Building's structure or its HVAC, plumbing, electrical, ’s Systems (including the Building’s restrooms or mechanical systems. Notwithstanding the foregoingrooms), Tenant may from time to time make alterations, additions or improvements to (2) exterior appearance of the Building, without (3) appearance of the Building’s common areas, if any, or (4) provision of services to any other occupants of the Building. Provided Tenant gives Landlord at least 10 days’ prior notice, Landlord’s consent of Landlord and without Landlord's approval of plans, provided: (i) the cost thereof shall not exceed Twentybe required for non-Five Thousand Dollars (structural, interior cosmetic improvements costing less than $25,000.00) 20,000 in the aggregate in that do not affect the exterior appearance of the Building and do not require any consecutive twelve-month period; (ii) permit or for interior painting or carpeting, provided however, at the expiration or earlier termination of this Lease, Tenant shall, prior to commencing at Landlord’s election, remove any such alterations, additions and/or improvements in and restore 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 Premises to such alterations, additions and/or improvements other than obtaining the its prior approval of Landlordcondition. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about visible from the exterior of the Premises without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Notwithstanding the foregoing and provided Tenant is not in default under this Lease, Tenant shall have the right, at its sole cost and expense and subject to obtaining all governmental permits and approvals therefor, to install Tenant’s name (i) on the monument sign located in front of the Building, and (ii) on the Central Expressway and Hermosa Court sides of the Building at locations to be mutually agreed upon by Landlord and Tenant, subject to obtaining all permits and approvals therefor and otherwise in accordance with all Laws and the provisions of this Lease. The size, shape, content, general appearance, design, materials, coloring and lettering of said signage shall be subject to Landlord’s prior approval, which approval shall not be unreasonably withheld 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 delayed; howeverearlier termination of this Lease, 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. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is in default under this Lease, Tenant shall, at Tenant’s sole expense, remove Tenant’s signage and restore the sole occupant Building and/or the Project to its original condition in connection with the removal of such signage. All of the Building, Landlord's prior written consent shall only be required provisions of this Lease with respect to Tenant’s Premises shall apply to Tenant’s installation, use, maintenance and removal of such signage, including without limitation, provisions relating to compliance with requirements as to insurance, indemnity, repairs and maintenance, and compliance with applicable Laws. The signage rights granted to Tenant are personal to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media original Tenant signing this Lease and shall not inure to the benefit of any type on assignee, subtenant or about the Premises which would affect the exterior of the Buildingother occupant, other than a Permitted Assignee. 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 ’s consent to or approval of any alterations, additions or improvements (or the plans and specifications therefor therefor) shall not be constitute a representation or warranty by Landlord Landlord, nor Landlord’s acceptance, that such alterations, additions, or improvements the same comply with any Law. Landlord sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to pay any out-of-pocket expenses in connection therewithsolely responsible for ensuring all such compliance.
Appears in 1 contract
Samples: Lease Agreement (Ariba Inc)
Improvements; Alterations. Improvements to the Premises shall be installed at Tenant's 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, conditioned or delayed. No After the initial Tenant improvements are made, no alterations or physical additions in or to the Premises may be made without Landlord's ’s prior written consent, which consent shall not be unreasonably withheld withheld, conditioned 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 alterations, additions or improvements to the Building, 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) 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 advertising media of any type on or about the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld, conditioned 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. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Building. All alterations, additions, or improvements (whether temporary or permanent in character, and improvements 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 constructedLandlord’s property at the end of the Term and shall remain on the Premises without compensation to Tenant. Notwithstanding the foregoing, maintainedTenant 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 used by (iii) Tenant gives Landlord fifteen (15) days prior written notice of Tenant, at its risk and expense, in accordance with all Laws; Landlord's approval ’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 therefor prepared in connection with any improvements in the Premises shall not be 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 Landlord that such alterationsany installations, additions, or improvements comply with any Law. Landlord shall cooperate with Tenant alterations made in obtaining any permits or licenses sought 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), regardless of whether such cost is incurred in connection with retrofit work required in the Premises provided (including the Work described in Exhibit D) or in other areas of the Building. Landlord shall never be required represents that, to pay any out-of-pocket expenses Landlord’s knowledge, the Project complies and/or will comply with all Federal ADA and TAS standards in connection therewithall material respects as well as all other current (as of the date hereof) governmental regulations, in all material respects, that apply to similar office building projects.
Appears in 1 contract
Samples: Lease Agreement (Arthrocare Corp)
Improvements; Alterations. 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 withheld, delayed or delayedconditioned; however, Landlord may withhold its consent to any alteration or addition that would adversely affect the Building's structure or adversely affect its HVAC, plumbing, electrical, or mechanical systems. Notwithstanding the foregoing, Tenant may from time to time make alterations, additions or improvements to the Building, 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) 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 advertising media of any type on or about the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld withheld, delayed or delayedconditioned; 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. Notwithstanding any provisions 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 preceding sentence to Term (and Tenant shall repair all damage caused thereby), or shall remain on the contrary, if Tenant is Premises at the sole occupant end of the BuildingTerm without compensation to Tenant. Whenever Tenant applies to Landlord for consent to a proposed alteration, Landlord's prior written 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 only be required with respect advise Tenant by notice whether Landlord will require Tenant to the painting remove or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior to leave behind such items upon expiration of the BuildingTerm. All alterations, additions, and improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Lawsapplicable 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. Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to pay any out-of-pocket expenses in connection therewithlaw.
Appears in 1 contract
Improvements; Alterations. Improvements The Lessee/s shall not at any time make any alteration, internal or external, addition, improvement or other change, such as changes to structural/loadbearing walls or colour schemes, to the Premises Property except with the prior written consent of the Lessor. Such consent shall lie within the absolute discretion of the Lessor, who is not obliged to give any reason for refusal. As a condition to 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 to such improvements or alterations, the works shall be installed at Tenant's expense only affected in accordance with plans the conditions laid down by the Lessor and specifications which have been previously submitted respective authorities, and under the supervision of an architect approved by the Lessor. Any costs whatsoever related to such alterations and/or improvements are to be borne solely by the Lessee/s. The Lessee/s shall not, under any circumstances, alter the façade or the existing apertures of the Property. The installation of any air conditioners, or any other fixed appliances, by the Lessee/s must be authorised by the Lessor and approved in writing must be maintained and/or services by Landlordthe Lessee/s. Upon expiry or termination of this lease, any air conditioners shall become the property of the Lessor. No alterations or physical additions in or 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 Premises may be made 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 any other changes to the 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 make use of the Property with the care and diligence of a bonus paterfamilias and shall execute, at his/her/their sole expense without Landlord's prior written consentthe right of reimbursement from the Lessor, which shall not be unreasonably withheld all acts or delayed; however, Landlord may withhold its consent to any alteration or addition that would affect ordinary repair and maintenance of the Building's structure or its HVAC, plumbing, electrical, or mechanical systems. Notwithstanding the foregoing, Tenant Property as may from time to time make alterationsbe necessary, additions saving any repair of damages caused by force majeure and without any fault of his/her/their own. Ordinary repair and maintenance shall have the meaning attributed by the Civil Code of Malta but shall also mean to include, but shall not be limited to, the cleaning of sinks and drains, and damage to bulbs, light fittings, water geyser/s, television, fridge and cooker, as well as any minor defects in the water and electricity installations and cleaning before vacating. The Lessee/s shall at all times keep the Property, including its improvements, fixtures and fittings and equipment, in good order and good state of repair. Without limiting the generality of the foregoing, the Xxxxxx/s agrees to keep all areas of the Property in a clean and hygienic state and comply with all laws and regulations. In the event the Lessor is at any stage not satisfied with the cleanliness or improvements hygiene of the Property, the Lessee/s shall be notified and shall remedy it forthwith. Repeated failure to do 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 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 BuildingLessor 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 consent right of Landlord reimbursement from the Lessee/s, carry out all extraordinary maintenance and without Landlord's approval of plans, provided: (i) the cost thereof shall not exceed Twenty-Five Thousand Dollars ($25,000.00) structural repairs that may from time to time become necessary in the aggregate 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 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 any consecutive twelve-month period; (ii) Tenant shall, prior or upon or furnished to commencing any such alterations, additions and/or improvements the Property. Water and electricity services shall be registered 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 name of the Building or Lessor, though the Lessee/s shall be bound to pay any related bills within seven (7) days from receipt of the mechanical or plumbing systems respective bill by the Lessor. This upon presentation of the Building or bill by the base building electrical system, as Lessor to the Lessee/s. The Lessee/s shall pay such base building electrical system exists after Tenant's installation payment amount to the Lessor who in turn will cover the payment with the respective utility company on behalf of the Work (but such alterations may include minor electrical alterations not affecting Lessee. Should the base building electrical system); and (iv) Tenant Lessee/s fail to pay the utility bill, the Lessor shall comply with all requirements of this Lease with respect have the right to such alterations, additions and/or improvements other than obtaining either pay the prior approval of Landlord. Tenant shall not paint or install lighting or decorations, signs, window or door letteringoutstanding amount itself at the Lessee/s expense, or advertising media to unilaterally order the suspension of any type on or about the Premises without relative services, in which event the prior written consent of Landlord, which Lessee/s shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent 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 painting or installation which would affect dues. The Lessor may at any moment in time demand that the appearance said utility services provided to the Property shall be registered in the name of the exterior 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 utility or service if either the quality or character thereof is changed or is no longer available or suitable for the Lessee/s requirements, 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 Building or of any common areas Lessor. Both Parties to this Agreement declare that the water and electricity meters of the Building. Notwithstanding any provisions Property were read on ______ (day) of the preceding sentence 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 contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect 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 approval of the plans and specifications therefor shall not be a representation by Landlord that such alterations, additions, or improvements comply with any Law. Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection relevant authority dealing with the Premises provided Landlord utility bills during the continuation of this Agreement, failure to which shall never be required enable the Lessor to pay any out-of-pocket expenses in connection therewithdemand the termination of this Agreement.
Appears in 1 contract
Samples: Long Private Residential Lease
Improvements; Alterations. 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, which approval shall be governed by standards in the following sentence. 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 adversely affect (in the reasonable discretion of Landlord) (1) the Building's structure Structure or its HVAC, plumbing, electrical, the Building's Systems (including the Building's restrooms or mechanical systems. Notwithstanding rooms), (2) the foregoing, Tenant may from time to time make alterations, additions or improvements to exterior appearance of the Building, without the consent of Landlord and without Landlord's approval of plans, provided: or (i3) the cost 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 appearance of the Building Building's common areas 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 Landlordelevator 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 Landlord, 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. Notwithstanding any provisions of the preceding sentence 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 contraryPremises 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, if alterations or additions to the Premises in stages as a means to subvert this provision), in each case provided that (A) Tenant delivers to Landlord written notice thereof, a list of contractors and subcontractors to perform the work (and certificates of insurance for each such party) and any plans and specifications therefor prior to commencing any such alterations, additions, or improvements (for informational purposes only so long as no consent is required by Landlord as required by this Lease), (B) the sole occupant installation thereof does not involve any core drilling or the reconfiguration or relocation of any exterior or interior load bearing walls of the Building, Landlordand (C) such alterations, additions and improvements will not affect (i) the Building's prior written consent shall only be required with respect Structure or the Building's Systems, including the distribution of the HVAC under Section 7.(a), (ii) the provision of services to the painting or installation of lighting or decorations, signs, window or door letteringother Building tenants, or advertising media (iii) the appearance of any type on the Building's common areas or about the Premises which would affect 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 (or the plans and specifications therefor therefor) shall not be constitute a representation or warranty by Landlord Landlord, nor Landlord's acceptance, that such alterations, additions, or improvements the same comply with any Law. Landlord sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to pay any out-of-pocket expenses in connection therewithsolely responsible for ensuring all such compliance.
Appears in 1 contract
Samples: Lease Agreement (Daisytek International Corporation /De/)
Improvements; Alterations. Improvements Except as expressly set forth in this Lease, the Premises and the Leased Personal Property will be delivered to Tenant and accepted by Tenant in an "as-is" condition on the Commencement Date, and Tenant acknowledges that except as expressly set forth in this Lease, neither Landlord nor any representative of Landlord has made any representation or warranty regarding the condition of the Premises, or the suitability of the Premises for the conduct of Tenant's business. Any improvements, alterations or additions to the Premises desired by Tenant shall be installed at Tenant's expense only in accordance with plans and specifications which have been previously shall be submitted to and approved in writing by Landlord, which approval shall be governed by the provisions set forth in this Section 8(a). No improvements, 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 improvement, alteration or addition that would adversely affect (in the discretion of Landlord applying commercially reasonable standards) the (i) Building's Structure or the Building's structure or its HVACSystems (including the Building's restrooms, plumbing, electricalelevators, or mechanical systemsrooms), or (ii) exterior appearance of the Building. Notwithstanding the foregoing, Tenant may from time to time make alterationsany improvements, alterations or additions or improvements to which do not adversely affect the Building, without portions of the consent of Landlord and without Landlord's approval of plans, provided: Premises described in clause (i) the or (ii) above and which cost thereof shall not exceed Twenty-Five less than Ten Thousand Dollars ($25,000.0010,000) in any instance, or Fifty Thousand Dollars ($50,000) cumulatively over the aggregate in any consecutive twelve-month period; (ii) Tenant shallTerm, 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 require Landlord's consent; but prior notice shall be given to Landlord in accordance with Section 8(c). Without limiting the exterior or the structure generality of the Building or any of the mechanical or plumbing systems of the Building or the base building electrical systemforegoing, 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 advertising media of any type on or about visible from the exterior of the Premises without the prior written consent of Landlord, which shall consent will 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. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Buildingwithheld. All alterationsimprovements, additions, and improvements alterations or additions 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 improvements, alterations or additions (or the plans and specifications therefor therefor) shall not be constitute a representation or warranty by Landlord Landlord, nor Landlord's acceptance, that such alterations, additions, or improvements the same comply with any Law. Landlord sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to pay any out-of-pocket expenses in connection therewithsolely responsible for ensuring all such compliance.
Appears in 1 contract
Improvements; Alterations. Improvements to the Premises shall (including any signage, antennas, or risers respecting the Building) may be installed at Tenant's the expense of Tenant only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, prior to the commencement of any improvements. No alterations or physical additions in or to the Premises may be made without Landlord's ’s prior written consent, which shall not be unreasonably withheld withheld, conditioned 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 shall not be required to time make obtain Landlord’s consent for repainting, recarpeting, or other cosmetic alterations, tenant improvements, alterations or physical additions or improvements to the Building, without the consent of Landlord and without Landlord's approval of plans, provided: (i) the cost thereof shall not exceed Twenty-Five Thousand Dollars (Premises which are cosmetic in nature totaling less than $25,000.00) in the aggregate 25,000 in any consecutive twelvesingle instance or series of related cosmetic alterations performed within a six-month period; 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. provided that Tenant shall not paint perform any such cosmetic improvements, alterations or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about additions to the Premises without the in stages as a means to subvert or circumvent this provision). Tenant may, subject to applicable law and Landlord’s prior written consent of Landlordapproval, which shall not to be unreasonably withheld withheld, conditioned or delayed; however, Landlord may withhold its consent to any such painting or installation which would affect and management, install signage at the appearance of the exterior of the Building or of any common areas of the Building. Notwithstanding any provisions of the preceding sentence to the contraryPremises, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Buildingas provided herein. All alterations, additions, or improvements (whether temporary or permanent in character, and improvements including without limitation all air-conditioning 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 constructed, maintained, and used by Tenant, Landlord’s property at its risk and expense, in accordance with all Laws; Landlord's approval 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 therefor shall not be a representation by Landlord that such alterations, additions, or improvements comply with any Law. Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant prepared in connection with any improvements in the Premises provided 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 never merely be the consent of Landlord as required to pay any out-of-pocket expenses in connection therewithhereunder.
Appears in 1 contract
Samples: Lease Agreement (Sonus Networks Inc)
Improvements; Alterations. Improvements 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 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 or physical additions Alterations in or to the Premises may be made without (a) Landlord's prior written consent, which shall 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 withheld or delayed; however, Landlord may withhold its consent to any alteration Alteration that violates Regulations, may affect or addition that would affect be incompatible with the Building's structure or its HVAC, plumbing, telecommunications, elevator, life-safety, electrical, mechanical or mechanical 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 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 be deemed to have consented to Tenant's second request to make such Alterations. Notwithstanding the foregoing, Tenant may shall have the right, without consent of, but upon at least ten (10) business days' prior written notice to Landlord to make non-structural, cosmetic Alterations within the interior of the Premises (and which are not visible from time to time make alterationsthe outside of the Premises), additions or improvements to which do not impair the value of the Building, without and which cost, in the consent of Landlord and without Landlord's approval of plansaggregate, provided: (i) the cost thereof shall not exceed Twenty-Five less than Fifteen Thousand Dollars ($25,000.0015,000.00) in any twelve (12) month period during the aggregate 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 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 consecutive twelve-month period; Alterations performed by Tenant to the Premises, at Tenant's sole cost and expense. All Alterations made in or upon the Premises shall, (i) at Landlord's option, either be removed by Tenant prior to 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) 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 advertising media of any type on or about the Premises without the prior written consent of Landlord, 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. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Building. All alterations, additions, and improvements shall 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 Laws; Regulations, and (iii) shall be subject to payment of Landlord's approval standard alterations supervision fee which standard fee shall not exceed ten percent (10%) of the plans 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, any portion of the Building's shell and specifications therefor core improvements (including restrooms, if any) within the Premises, 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 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 a representation by 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 alterationsAlterations be removed upon the expiration or earlier termination of this Lease. If Landlord fails to so notify Tenant within five (5) business days after Landlord's receipt of Tenant's written request for consent, additions, or improvements comply with any Law. it shall be assumed that Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to pay any out-of-pocket expenses in connection therewithwill not require their removal.
Appears in 1 contract
Samples: Office Lease (Intraware Inc)
Improvements; Alterations. Improvements Except as expressly provided otherwise in this Lease, 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 consent, in its sole discretion, to any alteration or addition that would adversely affect the BuildingComplex's structure or its HVAC, plumbing, electrical, or mechanical systems. Notwithstanding the foregoing, Tenant may from time to time make alterations, additions or improvements to the Building, 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) 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 advertising media of any type on or about the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any such painting or installation which would would, in Landlord's sole opinion, affect the appearance of the exterior of the Building Complex or of any common areas of the BuildingComplex. 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. Notwithstanding anything to the contrary in this Section 6(a): (a) Tenant shall not be required to remove (i) any provisions of the preceding sentence Work, or (ii) any alterations or additions to which landlord has given its written consent, unless Landlord's consent to such alterations or additions was conditioned upon the removal of such items prior to the contraryexpiration or termination of this Lease; and (b) Tenant shall be entitled to remove furniture, if Tenant is the sole occupant of the Buildingaccessories, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorationscomputers and other equipment, signs, window or door lettering, or advertising media of any type on or about mounting racks and plants placed in the Premises which would affect the exterior of the Buildingby Tenant. All alterations, additions, and improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all LawsLaws (as defined in Section 23(s)); 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. Landlord shall cooperate with Tenant in obtaining Law or are fit for any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to pay any out-of-pocket expenses in connection therewithuse.
Appears in 1 contract
Samples: Office Lease (Adesso Healthcare Technology Services Inc)
Improvements; Alterations. 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 , and no alterations or physical additions in or to the Premises may be made without Landlord's prior written consent, which . Landlord's approval of any such plans and specifications and consent of any such alterations and/or additions shall not be unreasonably withheld withheld, delayed or delayedconditioned; however, Landlord may withhold its consent to any plans and specifications and/or any alteration or addition that would affect the Building's structure Structure or its 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 alterations, additions or improvements to the BuildingPremises, 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 Building Premises 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 have any adverse effect on any of the mechanical mechanical, electrical 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)Building; 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 advertising media of any type on or about the Premises which might affect the appearance of the exterior of the Building or any other portion of the Premises other than the interior of the Building without the prior written consent of Landlord, which shall not be unreasonably withheld withheld, delayed or delayedconditioned; however, Landlord may withhold its consent to any such painting or installation which would affect the appearance of the exterior of the Building Building. All alterations, additions, or improvements made in or upon the Premises shall be removed by Tenant prior to the end of the Term (and Tenant shall repair all damage caused thereby) if Landlord conditioned its consent to the initial installation of any common areas such alterations, additions or improvements upon such removal; otherwise, in the absence of the Building. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required such a removal condition with respect to the painting each and every alteration, addition or installation of lighting improvement, all such alterations, additions or decorations, signs, window or door lettering, or advertising media of any type improvements (excluding moveable partitions and Tenant's trade fixtures and personal property) shall remain on or about the Premises which would affect at the exterior end of the BuildingTerm 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. Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to pay any out-of-pocket expenses in connection therewith.
Appears in 1 contract
Improvements; Alterations. Improvements to the Premises shall be installed at Tenant's ’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 provisions set forth in this Section 8(a). No alterations or physical additions in or to the Premises may be made without Landlord's ’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 adversely affect (in the reasonable discretion of Landlord) the (1) Building’s Structure or the Building's structure or its HVAC, plumbing, electrical, ’s Systems (including the Building’s restrooms or mechanical systems. Notwithstanding the foregoingrooms), Tenant may from time to time make alterations, additions or improvements to (2) exterior appearance of the Building, without (3) appearance of the Building’s common areas, if any, or (4) provision of services to any other occupants of the Building. Landlord’s consent of Landlord and without Landlord's approval of plans, provided: (i) the cost thereof shall not exceed Twentybe required for non-Five Thousand Dollars (structural, interior cosmetic improvements costing less than $25,000.00) 50,000 in the aggregate in any consecutive twelve-month period; (ii) and not requiring a permit, provided however, at the expiration or earlier termination of this Lease, Tenant shall, prior to commencing at Landlord’s election, remove any such alterations, additions and/or 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 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 Premises pursuant to Exhibit D at the expiration 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 earlier termination of this Lease to the extent such improvements are consistent with respect general office improvements or to the extent such alterations, additions improvements provide supplemental HVAC or additional electricity to the labs and/or improvements other than obtaining server rooms in the prior approval of LandlordPremises. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about visible from the exterior of the Premises without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Notwithstanding the foregoing and provided Tenant is not in default under this Lease, 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 location to be designated by Landlord, and otherwise in accordance with all Laws and the provisions of this Lease. The size, shape, content, general appearance, design, materials, coloring and lettering of said signage shall be subject to Landlord’s prior approval, which approval shall not be unreasonably withheld 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 delayed; howeverearlier termination of this Lease, Landlord may withhold its consent to any such painting or installation which would affect the appearance of the exterior of Tenant shall, at Tenant’s sole expense, remove Tenant’s signage and restore the Building or 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 common areas of the Building. Notwithstanding any provisions of the preceding sentence to the contraryassignee, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting subtenant or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Buildingother 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 ’s consent to or approval of any alterations, additions or improvements (or the plans and specifications therefor therefor) shall not be constitute a representation or warranty by Landlord Landlord, nor Landlord’s acceptance, that such alterations, additions, or improvements the same comply with any Law. Landlord sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to pay any out-of-pocket expenses in connection therewithsolely responsible for ensuring all such compliance.
Appears in 1 contract
Improvements; Alterations. 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 a) Lessee shall not be unreasonably withheld make or delayed; however, Landlord may withhold its consent to permit 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 alterations, additions alterations or improvements to the BuildingPremises weaken the structural strength, without lessen the consent of Landlord and without Landlord's approval of plansvalue of, provided: (i) or change the cost 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 architectural appearance of the Building 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 other construction except 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 advertising media of any type on or about the Premises without the prior written consent of LandlordXxxxxx. Lessor may, which shall not be unreasonably withheld as a further condition to giving consent thereto, require Lessee to post bond with Xxxxxx in the sum equal to estimated cost of said alteration, addition, or delayed; howeverimprovements securing the Lessor against loss, Landlord may withhold its consent to any such painting claim or installation which would affect the appearance leans by reason of the exterior of the Building or of any common areas of the Building. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Buildingthereof. All alterations, additions, and or improvements to the Premises shall be constructeddone 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, maintainedaddition 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) Xxxxxx has reimbursed to Lessor all costs for and used 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 Tenantinvoice or otherwise) is due within 30 days of Xxxxxx's presenting Xxxxxx with reimbursement request. These costs include, at its risk but are not limited to, architect and expenseengineer consulting costs, inspector, all applicable city, county and state fees. Xxxxxx and Xxxxxx agree that any change in accordance 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 Laws; Landlord's approval of the plans and specifications therefor other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall not be a representation by Landlord that such alterations, additions, or improvements conducted under the direct supervision of Xxxxxx. Lessor will 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 required all laws and regulations applicable to pay any out-of-pocket expenses in connection therewithsuch 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. Improvements to the Premises shall be installed at Tenant's expense (other than the Work, as defined in Exhibit D, for which Landlord shall provide the Construction Allowance), and except as otherwise expressly provided in this Lease 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 provisions set forth in this Section 8(a) (but approval for the plans for the Work shall be governed by Exhibit D). No alterations or physical additions improvements in or to the Premises may be made without Landlord's prior written consent, which shall not be unreasonably withheld withheld, conditioned or delayed; however, Landlord may withhold its consent to any alteration or addition that would adversely affect (in the reasonable discretion of Landlord) (1) the Building's structure Structure or its HVAC, plumbing, electrical, the Building's Systems (including the Building's restrooms or mechanical systems. Notwithstanding rooms), (2) the foregoing, Tenant may from time to time make alterations, additions or improvements to exterior appearance of the Building, without the consent of Landlord and without Landlord's approval of plans, provided: (i3) the cost 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 appearance of the Building Building's common areas or any elevator lobby areas, or (4) the provision of services to other occupants 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 LandlordBuilding. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about that in each case is installed for the purpose of being visible from the exterior of the Premises without the prior written consent of Landlord. Notwithstanding the foregoing, which Tenant shall not be unreasonably withheld required to obtain Landlord’s consent for repainting, recarpeting, or delayed; howeverother alterations, tenant improvements, alterations or physical additions to the Premises which are cosmetic in nature totaling less than $300,000 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 means to subvert this provision), in each case provided that (A) Tenant delivers to Landlord may withhold its consent written notice thereof, a list of contractors and subcontractors to perform the work (and certificates of insurance for each such party) and any plans and specifications therefor prior to commencing any such painting alterations, additions, or improvements (for informational purposes only so long as no consent is required by Landlord as required by this Lease), (B) the installation which would affect thereof does not require the issuance of any building permit or other governmental approval, or involve any core drilling or the configuration or location of any exterior or interior walls of the Building, and (C) such alterations, additions and improvements will not affect, in any material respect: (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 or of any common areas of the Building. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Building(collectively “Decorative Items”). 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. If Tenant desires to perform any alteration, addition or improvement that requires Landlord’s approval under Section 8(a), it shall submit to Landlord plans and specifications therefor shall not be a representation by Landlord that such alterationsor change orders thereto, additions, or improvements comply with any Law. and Landlord shall cooperate within ten Business Days after its receipt of such plans and specifications or any such change orders with respect thereto, notify Tenant whether it approves or disapproves the same; any notice of disapproval shall be accompanied by a statement in obtaining reasonable detail of the reasons therefor. If Landlord fails to respond to such consent request within such ten-Business-Day period and such failure continues for five additional Business Days following a second notice from Tenant that includes the following warning in bold, all caps type: “IF YOU FAIL TO RESPOND TO THE REQUEST FOR APPROVAL MADE BELOW WITHIN FIVE BUSINESS DAYS, YOU WILL BE DEEMED TO HAVE GIVEN APPROVAL”, then such request for consent shall be deemed granted; notwithstanding the foregoing, no deemed approval shall apply to work that affects in any permits material respect the Building’s Structure, the elevator systems or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to pay any outlife-of-pocket expenses in connection therewithsafety systems.
Appears in 1 contract
Samples: Lease Agreement (Blucora, Inc.)
Improvements; Alterations. Improvements to the Premises 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 to, and approved in writing by Landlordby, Lanlord. 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 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 alterations, additions or improvements to the Building, 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) 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 advertising media of any type on or about the Premises without the prior written consent of Landlord, 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. Notwithstanding any provisions of Building without the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent of Landlord, which shall only not be required with respect unreasonably withheld, or delayed. All alterations, additions, or improvements made in or upon the Premises shall, at Landlord's option, either be removed by Tenant prior to the painting or installation end of lighting or decorations, signs, window or door letteringthe Term (and Tenant shall repair all damage caused thereby), or advertising media 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 type on or about such approval whether Landlord will require Tenant to remove such improvements at the Premises which would affect the exterior end of the BuildingTerm. 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. Landlord Notwithstanding any other provision in this Section, Tenant shall cooperate with Tenant in obtaining any permits be entitled to make nonstructural, cosmetic alterations or licenses sought by Tenant in connection with improvements to the Premises without Landlord's consent or approval; provided Landlord however, any alterations or improvements exceeding an aggregate value of $25,000 in any calendar year shall never be required to pay any out-of-pocket expenses in connection therewithrequire Landlord's approval.
Appears in 1 contract
Samples: Sublease (Paypal Inc)
Improvements; Alterations. Improvements Tenant may install improvements to the Premises shall be installed only at Tenant's ’s expense only and in accordance with plans and specifications which that have been previously submitted to and approved in writing by Landlord. No alterations or physical additions , using contractors approved 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 alterations, additions or improvements to the Building, 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) 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 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, lettering or advertising media of any type on or about visible from the exterior of the Premises without the prior written consent of Landlord. Notwithstanding the foregoing, which 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 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 unreasonably withheld 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 delayed; however, Landlord may withhold its consent to any such painting or installation which would affect the appearance of the exterior occupants of the Building or of any common areas of the Building. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, interfere with Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior ’s operation of the Building. All such alterations, additions, additions and improvements shall be constructed, maintained, maintained and used by Tenant, Tenant at its sole risk and expense, in accordance with all applicable Laws; Landlord's approval . 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 plans ADA or other applicable laws pertaining to accessibility of the Premises by disabled or handicapped persons, and specifications therefor shall not all rules, regulations and guidelines promulgated thereunder, as the same may be a representation amended from time to time, necessitated by Landlord that such alterationsany installations, additions, or improvements comply with any Law. Landlord shall cooperate with Tenant alterations made in obtaining any permits or licenses sought 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 (whether such approval is required hereunder or otherwise), Tenant shall remove all such alterations, additions and improvements, as Landlord may request; provided Landlord shall never be required such request is delivered (1) not less than 60 days prior to pay any out-of-pocket expenses the expiration of the Term in connection therewiththe event this Lease expires at the end of the Term and (2) promptly following the termination of this Lease if this Lease is terminated prior to the expiration of the Term.
Appears in 1 contract
Samples: Office Lease (Plains Capital Corp)
Improvements; Alterations. Improvements Any alterations, additions, deletions, modifications or utility installations in, of or to the improvements contained within the Premises as of the date hereof (collectively, "ALTERATIONS") shall be installed at Tenant's expense and only in accordance with reasonably detailed plans and specifications which have been previously submitted to and approved in writing by Landlord. No alterations or physical additions Alterations in or to the Premises may be made without (a) Landlord's prior written consentconsent and (b) compliance with such requirements concerning such Alterations as Landlord may impose from time to time, which shall not be unreasonably withheld or delayed; however, including Landlord's right to charge a supervision fee equal to ten percent (10%) of the cost of such Alterations. Landlord may withhold its consent in its sole discretion to any alteration or addition Alteration that would may affect the Building's structure or its HVAC, plumbing, telecommunications, elevator, life-safety, electrical, mechanical or mechanical systems. Notwithstanding the foregoing, Tenant may from time to time make alterations, additions other basic systems or improvements to the Building, 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) 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 appearance 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 LandlordProject. Tenant shall not paint or install lighting or decorationsany lighting, signsdecoration, sign, window or door lettering, or advertising media of any type on or about the Premises or the Project without the prior written consent of Landlord, 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 (or be visible from) the exterior of the Building or of any common areas of the Building. Notwithstanding any provisions All Alterations made in or upon the Premises shall, (i) at Landlord's option, either be removed by Tenant prior to the end of the preceding sentence to term (and Tenant shall restore the contrary, if Tenant is the sole occupant portion of the Building, Landlord's Premises affected to its condition existing immediately prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door letteringsuch Alteration), or advertising media of any type shall remain on or about the Premises which would affect at the exterior end of the Building. All alterations, additions, term without compensation to Tenant and improvements shall (ii) be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all LawsLaws and, to the extent applicable, pursuant to a valid building certificate of occupancy; Landlord's approval of the plans and specifications therefor shall not be a representation by Landlord that such alterations, additions, or improvements Alterations comply with any Law. In the event that any Alteration made or initiated by Tenant shall cause, trigger or result in any portion of the Project outside of the Premises or any Building system inside or outside of the Premises being required by any governmental authority or official to be altered, improved, removed or modified, Landlord shall cooperate with perform the same at Tenant's expense and shall charge the entire cost of such work, plus an administrative charge equal to ten percent (10%) of the cost of such work, to Tenant, which charges shall be payable to Landlord within ten (10) days of demand therefor; provided, that Landlord may require that Tenant prepay the entire cost of the same as a condition of commencement of any such Alteration. Upon completion of any Alteration made in obtaining any permits or licenses sought by upon the Premises, Tenant agrees to cause a timely Notice of Completion to be recorded in connection the office of the Recorder of the County in which the Project is located in accordance with the Premises provided terms of Section 3093 of the California Civil Code or any successor statute, and Tenant shall deliver to Landlord shall never be required to pay a legible and reproducible copy of the "AS-BUILT" drawings of any out-of-pocket expenses in connection therewithsuch Alterations within ten (10) days of completion of the same, together with evidence of full payment and unconditional final waivers of all liens for labor, services and materials.
Appears in 1 contract
Improvements; Alterations. Improvements to the Premises shall be installed at Tenant's ’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 provisions set forth in this Section 8(a). No alterations or physical additions in or to the Premises may be made without Landlord's ’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 adversely affect (in the reasonable discretion of Landlord) the (1) Building’s Structure or the Building's structure or its HVAC, plumbing, electrical, ’s Systems (including the Building’s restrooms or mechanical systems. Notwithstanding the foregoingrooms), Tenant may from time to time make alterations, additions or improvements to (2) exterior appearance of the Building, without the consent of Landlord and without Landlord's approval of plans, provided: (i3) the cost 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 appearance of the Building Building’s common areas or any elevator lobby areas, or (4) provision of services to other occupants 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 LandlordBuilding. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about visible from the exterior of the Premises without the prior written consent of Landlord, which shall not consent may 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. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the in Landlord’s sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Buildingand absolute discretion. 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 ’s consent to or approval of any alterations, additions or improvements (or the plans and specifications therefor therefor) shall not be constitute a representation or warranty by Landlord Landlord, nor Landlord’s acceptance, that such alterations, additions, or improvements the same comply with any Lawsound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be solely responsible for ensuring all such compliance. Notwithstanding the forgoing, Tenant shall have the right from time to time to make nonstructural alterations to the Premises (e.g., paint, carpet, removable fixtures) that do not require a building permit, do not affect the Building’s Systems and are not visible from the exterior of the Premises without Landlord’s consent (“Minor Nonstructural Alterations”), provided that Tenant provides Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection at least ten (10) days prior written notice of such Minor Nonstructural Alterations and otherwise complies with the Premises provided Landlord shall never be required to pay terms and provisions of this Section 8(a) in the performance of such Minor Nonstructural Alterations, and such Minor Nonstructural Alterations do not cost more than $30,000 in any out-of-pocket expenses in connection therewithone instance or series of related instances.
Appears in 1 contract
Improvements; Alterations. 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 a) Lessee shall not be unreasonably withheld make or delayed; however, Landlord may withhold its consent to permit 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 alterations, additions alterations or improvements to the BuildingPremises weaken the structural strength, without lessen the consent of Landlord and without Landlord's approval of plansvalue of, provided: (i) or change the cost 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 architectural appearance of the Building 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 other construction except 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 advertising media of any type on or about the Premises without the prior written consent of LandlordLessor. Lessor may, which shall not be unreasonably withheld 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 delayed; howeverimprovements securing the Lessor against loss, Landlord may withhold its consent to any such painting claim or installation which would affect the appearance leans by reason of the exterior of the Building or of any common areas of the Building. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Buildingthereof. All alterations, additions, and or improvements to the Premises shall be constructeddone 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, maintainedaddition 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 used 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 Tenantinvoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, at its risk but are not limited to, architect and expenseengineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in accordance 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 Laws; Landlord's approval of the plans and specifications therefor other insurance matters described in said Paragraph 22 of this Lease.
c) All construction shall not be a representation by Landlord that such alterations, additions, or improvements conducted under the direct supervision of Lessor. Lessor will 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 required all laws and regulations applicable to pay any out-of-pocket expenses in connection therewithsuch 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. Improvements 8.1.1 Tenant shall not make, or allow to be made, any alterations, physical additions, improvements or partitions, including without limitation 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 attachment of any fixtures or physical additions in equipment, in, about or to the Premises may be made ("Alterations") 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 alterations, additions or improvements to the Building, 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) 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 advertising media of any type on or about the Premises without the prior written consent of Landlord, 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 delayedthe 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); however, Landlord may withhold its consent to and (3) will not interfere with the use and occupancy of any such painting or installation which would affect the appearance of the exterior other portion of the Building or of Project by any common areas other tenant or its invitees. Specifically, but without limiting the generality of the Buildingforegoing, 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. Notwithstanding Tenant shall also supply to Landlord any provisions 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 preceding sentence 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 contraryproperty of Tenant until the expiration or earlier termination of this Lease, if Tenant is at which time they shall be and become the sole occupant property of the BuildingLandlord; provided, however, that Landlord may, at Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorationsoption, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Building. All alterations, additions, and improvements shall be constructed, maintained, and used by require that Tenant, at its risk and 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 their condition existing prior to the construction of any such Alterations. All 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 all Laws; applicable law, at Tenant's sole expense.
8.1.2 Notwithstanding the foregoing, at Landlord's approval option (but without obligation), all or any portion of the plans and specifications therefor Alterations shall not be a representation performed by Landlord that for Tenant's account and Tenant shall pay Landlord's estimate of the cost thereof (including a reasonable charge for Landlord's overhead and profit) prior to commencement of the work. In addition, at Landlord's election and notwithstanding the foregoing, however, Tenant shall pay to Landlord the cost of removing any such alterations, additions, or improvements comply with any Law. Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with 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 before beginning construction of any Alteration, Tenant shall never 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 required to pay any out-of-pocket expenses recorded in connection therewiththe office of the recorder of the county in which the Building is located.
Appears in 1 contract
Improvements; Alterations. Improvements to the Premises shall be installed at Tenant's ’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 provisions set forth in this Section 8.1. No alterations or physical additions in or to the Premises may be made without Landlord's ’s prior written consent, which shall not be unreasonably withheld 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 reasonable discretion of Landlord) the Building's structure ’s Structure or its HVAC, plumbing, electricalthe Building’s Systems (including the Project’s restrooms), or mechanical systems. Notwithstanding (b) affect more than to a de minimis extent (in the foregoing, Tenant may from time to time make alterations, additions or improvements to the Building, without the consent sole but reasonable discretion of Landlord and without Landlord's approval of plans, provided: (i) the cost 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 appearance 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 LandlordProject. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about visible from the exterior of the Premises without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Notwithstanding the foregoing, Tenant shall not be unreasonably withheld required to obtain Landlord’s consent for (1) repainting or delayed; howeverrecarpeting (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 means to subvert this provision), in each case provided that (A) Tenant delivers to Landlord may withhold its consent written notice thereof, a list of contractors and subcontractors to perform the work (and certificates of insurance for each such party) and any plans and specifications therefor prior to commencing any such painting alterations, additions, or improvements (for informational purposes only so long as no consent is required by Landlord as required by this Lease), (B) the installation which would thereof does not require the issuance of any building permit or other governmental approval, or involve any core drilling or the configuration or location of any exterior or interior walls of either of the Buildings, 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 or of any common areas either of the Building. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the BuildingBuildings. 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 ’s consent to or approval of any alterations, additions or improvements (or the plans and specifications therefor therefor) shall not be constitute a representation or warranty by Landlord Landlord, nor Landlord’s acceptance, that such alterations, additions, or improvements the same comply with any Law. Landlord sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to pay any out-of-pocket expenses in connection therewithsolely responsible for ensuring all such compliance.
Appears in 1 contract
Samples: Lease Agreement (Ciena Corp)
Improvements; Alterations. Improvements Except for any work to be performed by Landlord pursuant to Exhibit D attached to this Lease (“Tenant Improvements”), all improvements to the Premises shall be installed at Tenant's ’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 costing in excess of $25,000.00 in the aggregate for any one (1) Lease Year may be made without Landlord's ’s prior written consent, which shall not be unreasonably withheld or delayed; however, Landlord may may, in its sole discretion, withhold its consent to any alteration or addition that would affect the Building's Complex’s structure or its HVAC, plumbing, electrical, or mechanical systems. Notwithstanding All such alterations other than the foregoing, Tenant may from time Improvements installed by or on behalf of Tenant shall hereinafter be referred to time make alterations, additions or improvements to as “Tenant’s Alterations”. All Tenant’s Alterations shall become the Building, without the consent property of Landlord and without Landlord's approval of plans, provided: (i) the cost 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 be surrendered as part of the Building Premises upon the expiration or any 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 mechanical same upon the expiration 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 earlier termination of this Lease with respect to such alterations, additions and/or improvements other than obtaining the prior approval of LandlordLease. 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 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 Complex or of any common areas of the BuildingComplex. Notwithstanding any provisions 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 preceding sentence to City of Saint Xxxx, Tenant’s compliance with all applicable Laws, and the contrary, if Tenant is the sole occupant prior approval of the Building, Landlord's prior written consent shall only be required Landlord with respect to the painting or installation design, location and number of lighting or decorations, such signs, window or door letteringwhich 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), or advertising media of any type on or about but Tenant shall have primary responsibility for taking all actions necessary to seek the Premises which would affect the exterior approval of the BuildingCity 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 ’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. Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to pay any out-of-pocket expenses in connection therewith.
Appears in 1 contract
Samples: Office Lease Agreement (Cray Inc)
Improvements; Alterations. Improvements Except as expressly set forth in Exhibit D, any alterations, additions, deletions, modifications or utility installations in, of or to the improvements at the Premises (collectively, "Alterations") shall be installed at Tenant's expense and only in accordance with detailed plans and specifications 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 reasonably approved by Landlord. No alterations or physical additions Except as expressly set forth herein, no Alterations in or to the Premises may be made without (a) Landlord's prior written consent, which shall consent and (b) compliance with such requirements and construction regulations concerning such Alterations as Landlord may impose from time to time. Landlord will not be deemed to unreasonably withheld or delayed; however, Landlord may withhold its consent to any alteration Alteration that violates Regulations (hereinafter defined), may affect or addition that would affect be incompatible with the Buildingbuilding's structure or its HVAC, plumbing, life-safety, electrical, or mechanical systems. Notwithstanding the foregoing, Tenant may from time to time make alterations, additions or improvements to the Building, 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) 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 letteringbasic systems, or advertising media of any type on or about the Premises without the prior written consent of Landlord, 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 Premises. All Alterations made in or upon the Premises shall at Landlord's option, either be removed by Tenant at Tenant’s sole expense prior to the end of the Building or of any common areas Term (and Tenant shall restore the portion of the Building. Notwithstanding any provisions Premises affected to its condition existing immediately prior to such Alteration), or shall remain on the Premises at the end of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the BuildingTerm. All alterations, additions, and improvements Alternations shall 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 Laws; Landlord's approval Regulations (hereinafter defined). At least ten (10) days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the plans expected commencement date of that construction to permit Landlord to post and specifications therefor record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall not promptly cause a notice of completion to be a representation by Landlord that such alterations, additions, or improvements comply with any Law. Landlord shall cooperate with Tenant recorded in obtaining any permits or licenses sought by Tenant the office of the recorder of the county in connection with which the Premises provided Landlord is located. Notwithstanding anything to the contrary, Tenant shall never be required permitted to pay any outcomplete, without Landlord’s prior written consent, cosmetic or non-of-pocket expenses in connection therewithstructural Alterations with a value less than $5,000 that Tenant determines are reasonably necessary for Tenant’s use and enjoyment of the Premises.
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Samples: Lease Agreement