Common use of Improvements; Alterations Clause in Contracts

Improvements; Alterations. Tenant may install improvements to the Premises only at Tenant’s expense and in accordance with plans and specifications that have been previously submitted to and approved in writing by Landlord, using contractors approved in writing by Landlord. Except as otherwise provided in Section 8.(f), Tenant shall not paint or install lighting or decorations, signs, window or door lettering or advertising media of any type visible from the exterior of the Premises without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant may make non-structural, interior alterations to the Premises required in the ordinary course of Tenant’s business without the written consent of Landlord provided: (i) such alterations will not be visible from outside the Premises; (ii) such alterations will not affect the Building’s structure, the provision of services to other Building tenants or the Building’s electrical, plumbing, HVAC, life safety or mechanical systems; (iii) such alterations will not violate any applicable Laws; (iv) such alterations will not unreasonably interfere with the business operations of other tenants in the Building; (v) the cost of the work for such alterations does not exceed $100,000 in any single instance or series of related alterations performed within a year (provided that Tenant shall not perform any improvements, alterations or additions to the Premises in stages as a means to subvert this provision); and (vi) Tenant secures any and all permits, licenses and approvals required to construct and install such alterations (collectively, “Permitted Alterations”). All Permitted Alterations shall be made in accordance with all applicable Laws and in a good and first-class, workmanlike manner and in accordance with the terms of this Lease, including the terms of Exhibit B. Tenant shall notify Landlord before performing any Permitted Alterations if the anticipated Permitted Alterations could disrupt any other tenants or occupants of the Building or interfere with Landlord’s operation of the Building. All such alterations, additions and improvements shall be constructed, maintained and used by Tenant at its sole risk and expense, in accordance with all applicable Laws. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for the cost of all work required to comply with the retrofit requirements of the ADA or other applicable laws pertaining to accessibility of the Premises by disabled or handicapped persons, and all rules, regulations and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the Premises after the Commencement Date at the request of or by Tenant or by Tenant’s use of the Premises (other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of whether such cost is incurred in connection with retrofit work required in the Premises (including work described in Exhibit B) or in other areas of the Building. In connection with Landlord’s review and approval of Tenant’s Work or any of Tenant’s proposed alterations, additions or improvements to the Premises, Landlord may notify Tenant in writing, contemporaneously with Landlord’s notice of approval to Tenant with respect to the improvements in question, that Landlord will require Tenant to remove such alterations prior to the expiration of the Term; provided, however Landlord will not require Tenant to remove alterations, additions or improvements to the extent the same are Building-standard, as reasonably determined by Landlord. Notwithstanding the foregoing, if Tenant does not obtain Landlord’s prior written consent for any alterations, additions or improvements to the Premises (whether such approval is required hereunder or otherwise), Tenant shall remove all such alterations, additions and improvements, as Landlord may request; provided such request is delivered (1) not less than 60 days prior to the expiration of the Term in the 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

Sources: Office Lease (Plains Capital Corp)

Improvements; Alterations. 8.1.1 Tenant may install shall not make, or allow to be made, any alterations, physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about or to the Premises only at Tenant’s expense and in accordance with plans and specifications that have been previously submitted to and approved in writing by Landlord, using contractors approved in writing by Landlord. Except as otherwise provided in Section 8.(f), Tenant shall not paint or install lighting or decorations, signs, window or door lettering or advertising media of any type visible from the exterior of the Premises (“Alterations”) without obtaining 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 the Project and its mechanical, plumbing, electrical, heating/ventilation/air conditioning systems, and will not cause the Building or Project or such systems to be required to be modified to comply with any Regulations (including, without limitation, the Americans With Disabilities Act); and (3) will not interfere with the use and occupancy of any other portion of the Building or Project by any other tenant or its invitees. Specifically, but without limiting the generality of the foregoing, Tenant must obtain Landlord’s written consent for all plans and specifications for the proposed Alterations, construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to be employed on the work of Alterations, and the time for performance of such work, and may impose rules and regulations for contractors and subcontractors performing such work. Tenant shall also supply to Landlord any documents and information requested by Landlord in connection with Landlord’s consideration of a request for approval hereunder. Tenant shall cause all Alterations to be accomplished in a good and workmanlike manner, and to comply with all applicable Regulations. Tenant shall at Tenant’s sole expense, perform any additional work required under applicable Regulations due to the Alterations hereunder. No review or consent by Landlord of or to any proposed Alteration or additional work shall constitute a waiver of Tenant’s obligations under this Paragraph 8. 1. Tenant shall reimburse Landlord for all costs which Landlord may incur in connection with granting approval to Tenant for any such Alterations, including any costs or expenses which Landlord may incur in electing to have outside architects and engineers review said plans and specifications. All such Alterations shall remain the property of Tenant until the expiration or earlier termination of this Lease, at which time they shall be and become the property of Landlord; provided, however, that Landlord may, at Landlord’s option, require that Tenant, at Tenant’s expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to 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, Tenant may make non-structuralat Landlord’s option (but without obligation), interior alterations to all or any portion of the Premises required in the ordinary course of Alterations shall be performed by Landlord for Tenant’s business without account and Tenant shall pay Landlord’s estimate of the written consent 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 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 removing any 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 Alterations and restoring the Premises in stages to their original condition such cost to include a reasonable charge for Landlord’s overhead and profit as a means to subvert this provision); provided above, and (vi) Tenant secures such amount may be deducted from the Security Deposit or any and all permits, licenses and approvals required to construct and install such alterations (collectively, “Permitted Alterations”). All Permitted Alterations shall be made in accordance with all applicable Laws and in a good and first-class, workmanlike manner and in accordance with the terms of other sums or amounts held by Landlord under this Lease, including the terms . 8.1.3 At least ten (10) business days before beginning construction of Exhibit B. Tenant shall notify Landlord before performing any Permitted Alterations if the anticipated Permitted Alterations could disrupt any other tenants or occupants of the Building or interfere with Landlord’s operation of the Building. All such alterations, additions and improvements shall be constructed, maintained and used by Tenant at its sole risk and expense, in accordance with all applicable Laws. Notwithstanding anything in this Lease to the contraryAlteration, Tenant shall be responsible for the cost of all work required to comply with the retrofit requirements give Landlord written notice of the ADA or other applicable laws pertaining expected commencement date of that construction to accessibility of the Premises by disabled or handicapped persons, permit Landlord to post and all rules, regulations and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the Premises after the Commencement Date at the request of or by Tenant or by Tenant’s use of the Premises (other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of whether such cost is incurred in connection with retrofit work required in the Premises (including work described in Exhibit B) or in other areas of the Building. In connection with Landlord’s review and approval of Tenant’s Work or any of Tenant’s proposed alterations, additions or improvements to the Premises, Landlord may notify Tenant in writing, contemporaneously with Landlord’s record a 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 non-responsibility. Upon substantial completion 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 foregoingconstruction, 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)law so provides, Tenant shall remove all such alterations, additions and improvements, as Landlord may request; provided such request is delivered (1) not less than 60 days prior cause a timely notice of completion to be recorded in the expiration office of the Term in the event this Lease expires at the end recorder of the Term and (2) promptly following county in which the termination of this Lease if this Lease Building is terminated prior to the expiration of the Termlocated.

Appears in 1 contract

Sources: Lease Agreement (Healthy Extracts Inc.)

Improvements; Alterations. Tenant may install improvements Improvements and alterations to the Premises shall be installed or made at the expense of Tenant only at Tenant’s expense and in accordance with plans and specifications that which have been previously submitted to and approved in writing by Landlord, using contractors approved which approval shall not be unreasonably withheld with respect to non-structural improvements or alterations, but in writing Landlord’s sole discretion with regard to structural improvements or alterations and improvements or alterations to the exterior of the Building; provided, however, notwithstanding anything to the contrary contained herein, Tenant shall have the right without Landlord’s approval to make interior, non-structural alterations or improvements (that do not require work to be performed outside of the Building or do not alter the Building systems) in any calendar year that do exceed $25,000 individually or $35,000 in the aggregate during such calendar year. All improvements or alterations performed by Landlordor for Tenant shall be performed in good and workmanlike manner quality. Except Landlord acknowledges and consents to Tenant’s installation of the IT room/AC equipment and supplemental HVAC equipment so long as otherwise provided Tenant provides Landlord with the specifications for such supplemental HVAC equipment, such supplemental HVAC equipment is installed in Section 8.(faccordance with any applicable codes and such supplemental HVAC equipment does not exceed Building system capacities. All improvements and alterations made by or for Tenant shall comply with insurance requirements and with applicable law, ordinances, and regulations, including, without limitation and to the extent applicable, laws and regulations regarding removal or alteration of structural or architectural barriers to handicapped or disabled persons (and Tenant shall construct at its expense any alteration required by such laws or regulations, as they may be amended), . Tenant shall not paint or install lighting or decorations, signs, window or exterior door lettering lettering, or advertising media of any type visible from on the exterior outside of the Premises Building without the prior written consent of Landlord, in Landlord’s sole discretion. Notwithstanding the foregoingObligations and ownership of alterations, Tenant may make non-structuraladditions, interior alterations to the Premises required in the ordinary course or improvements at surrender shall be governed by Section 21. Approval by Landlord of any of Tenant’s business without drawings and plans and specifications prepared in connection with any improvements in the written 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 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 made in accordance with all applicable Laws and in a good and first-class, workmanlike manner and in accordance with the terms of this Lease, including the terms of Exhibit B. Tenant shall notify Landlord before performing any Permitted Alterations if the anticipated Permitted Alterations could disrupt any other tenants or occupants of the Building or interfere with Landlord’s operation of the Building. All such alterations, additions and improvements shall be constructed, maintained and used by Tenant at its sole risk and expense, in accordance with all applicable Lawshereunder. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for the cost of all work required to comply with the retrofit requirements of the ADA or other applicable laws pertaining to accessibility Americans with Disabilities Act of the Premises by disabled or handicapped persons1990, and all rules, regulations regulations, and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the Premises after the Commencement Date at the request of or by Tenant or by Tenant▇▇▇▇▇▇’s use of the Premises (other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of whether such cost is incurred in connection with retrofit work required in the Premises (including work described in Exhibit B) or in other areas of the Building. In connection with Landlord’s review and approval of Tenant’s Work or any of Tenant’s proposed alterations, additions or improvements This Section 8.a. shall not apply to the Premises, Landlord may notify Tenant Improvements which shall be governed by and paid for as provided 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 Exhibit H-1 and improvements, as Landlord may request; provided such request is delivered (1) not less than 60 days prior to the expiration of the Term in the 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 TermH-2.

Appears in 1 contract

Sources: Lease Agreement (PQ Group Holdings Inc.)

Improvements; Alterations. Tenant may install 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 the expense of Tenant only at Tenant’s expense and in accordance with plans and specifications that which have been previously submitted to and approved in writing by Landlord, using contractors approved in writing by Landlord. Except as otherwise provided in Section 8.(fAfter 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. Tenant shall not paint or install lighting or decorations, signs, window or door lettering lettering, or advertising media of any type visible from the exterior of on or about the Premises without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant may make non-structural, interior alterations to the Premises required in the ordinary course of Tenant’s business without the written consent of Landlord provided: (i) such alterations will not be visible from outside the Premises; (ii) such alterations will not affect the Building’s structure, the provision of services to other Building tenants or the Building’s electrical, plumbing, HVAC, life safety or mechanical systems; (iii) such alterations will not violate any applicable Laws; (iv) such alterations will not unreasonably interfere with the business operations of other tenants in the Building; (v) the cost of the work for such alterations does not exceed $100,000 in any single instance or series of related alterations performed within a year (provided that Tenant shall not perform any improvements, alterations or additions to the Premises in stages as a means to subvert this provision); and (vi) Tenant secures any and all permits, licenses and approvals required to construct and install such alterations (collectively, “Permitted Alterations”). All Permitted Alterations shall be made in accordance with all applicable Laws and in a good and first-class, workmanlike manner and in accordance with the terms of this Lease, including the terms of Exhibit B. Tenant shall notify Landlord before performing any Permitted Alterations if the anticipated Permitted Alterations could disrupt any other tenants or occupants of the Building or interfere with Landlord’s operation of the Building. All such alterations, additions and improvements shall be constructed, maintained and used by Tenant at its sole risk and expense, in accordance with all applicable Laws. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for the cost of all work required to comply with the retrofit requirements of the ADA or other applicable laws pertaining to accessibility of the Premises by disabled or handicapped persons, and all rules, regulations and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations 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 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 upon the Premises, either by Landlord may notify or Tenant, except the initial 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 Improvement paid for by Landlord. Notwithstanding the foregoing, if Tenant does not obtain shall at Landlord’s prior written consent for any alterations's option, additions or improvements to the Premises (whether such approval is required hereunder or otherwise)either be removed by Tenant, Tenant shall remove all such alterations, additions and improvements, as Landlord may request; provided such request is delivered (1) not less than 60 days prior to the expiration of the Term in the event this Lease expires become Landlord's property at the end of the Term and (2) promptly following shall remain on the termination of this Lease Premises without compensation to Tenant; provided, however, that if this Lease tenant is terminated prior to not then in default hereunder and Tenant repairs any damage caused by such removal, Tenant may remove its trade fixtures at the expiration end of the Term. Approval by Landlord of any of Tenant's drawings and plans and specifications prepared in connection with any improvements, alterations or additions in the Premises 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 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 be removed upon termination of Lease.

Appears in 1 contract

Sources: Lease Agreement (Lifeminders Com Inc)

Improvements; Alterations. Tenant may install improvements Improvements to the Premises only shall be installed at Tenant’s 's expense and only in accordance with plans and specifications that which have been previously submitted to and approved in writing by Landlord, using contractors approved which approval shall be governed by standards in writing by the following sentence. No alterations or physical additions in or to the Premises may be made without Landlord. Except as otherwise provided '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 Section 8.(fthe 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, or (3) the appearance of the Building's common areas or elevator lobby areas. Tenant shall not paint or install lighting or decorations, signs, window or door lettering lettering, or advertising media of any type visible from the exterior of 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 the foregoing, and subject to Section 21, Tenant may make shall not be required to obtain Landlord's consent for repainting, recarpeting, or other non-structuralstructural alterations, interior alterations tenant improvements, or non-permanent temporary additions to the Premises required which are cosmetic 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 nature totaling less than $100,000 20,000 in any single instance or series of related alterations alternations performed within a year during the Term of this Lease (provided that Tenant shall not perform any improvements, alterations or additions to the Premises in stages as a means to subvert this provision); and , in each case provided that (viA) Tenant secures 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 all permitsspecifications therefor prior to commencing any such alterations, licenses and approvals additions, or improvements (for informational purposes only so long as no consent is required to construct and install such alterations (collectively, “Permitted Alterations”). All Permitted Alterations shall be made in accordance with all applicable Laws and in a good and first-class, workmanlike manner and in accordance with the terms of by Landlord as required by this Lease), including (B) the terms installation thereof does not involve any core drilling or the reconfiguration or relocation of Exhibit B. Tenant shall notify Landlord before performing any Permitted Alterations if the anticipated Permitted Alterations could disrupt any other tenants exterior or occupants of the Building or interfere with Landlord’s operation interior load bearing walls of the Building. All , and (C) such alterations, additions and improvements will not affect (i) the Building's Structure or the Building's Systems, including the distribution of the HVAC under Section 7.(a), (ii) the provision of services to other Building tenants, or (iii) the appearance of the Building's common areas or the exterior of the Building. All alterations, additions, and improvements shall be constructed, maintained maintained, and used by Tenant Tenant, at its sole risk and expense, in accordance with all applicable Laws. Notwithstanding anything in this Lease ; Landlord's consent to the contrary, Tenant shall be responsible for the cost of all work required to comply with the retrofit requirements of the ADA or other applicable laws pertaining to accessibility of the Premises by disabled or handicapped persons, and all rules, regulations and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the Premises after the Commencement Date at the request of or by Tenant or by Tenant’s use of the Premises (other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of whether such cost is incurred in connection with retrofit work required in the Premises (including work described in Exhibit B) or in other areas of the Building. In connection with Landlord’s review and approval of Tenant’s Work or any of Tenant’s proposed alterations, additions or improvements to the Premises, Landlord may notify Tenant in writing, contemporaneously with Landlord’s notice of approval to Tenant with respect to the improvements in question, that Landlord will require Tenant to remove such alterations prior to the expiration of the Term; provided, however Landlord will not require Tenant to remove alterations, additions or improvements to the extent the same are Building-standard, as reasonably determined by Landlord. Notwithstanding the foregoing, if Tenant does not obtain Landlord’s prior written consent for any alterations, additions or improvements to (or the Premises (whether such approval is required hereunder plans therefor) shall not constitute a representation or otherwise)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 remove be solely responsible for ensuring all such alterations, additions and improvements, as Landlord may request; provided such request is delivered (1) not less than 60 days prior to the expiration of the Term in the 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 Termcompliance.

Appears in 1 contract

Sources: Lease Agreement (Daisytek International Corporation /De/)

Improvements; Alterations. Tenant (a) Lessee may, at any time and from time to time during the Term, erect, maintain, (i) Lessee bears the cost of any such work; (ii) Lessor must be notified of the time for beginning and the general nature of any such work, other than routine maintenance of existing buildings or improvements, at the time the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may install improvements be constructed on the Leased Premises unless the plans, specifications, and proposed location of the building or other improvement have received Lessor’s written approval and the building or other improvement complies with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises only at Tenant’s expense and in accordance with may be begun until plans and specifications that covering the exterior of the proposed addition or alteration have been previously first submitted to and approved in writing by Landlord, using contractors approved in writing by Landlord. Except as otherwise provided in Section 8.(f), Tenant shall not paint or install lighting or decorations, signs, window or door lettering or advertising media of any type visible from the exterior of the Premises without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant may make non-structural, interior alterations to the Premises required in the ordinary course of Tenant’s business without the written consent of Landlord provided: (i) such alterations will not be visible from outside the Premises; Lessor. (ii) such alterations Lessor will promptly review and approve all plans submitted by Lessee or will note in writing any required changes or corrections that must be made to the plans. Any required changes or corrections must be made, and the plans resubmitted to Lessor. Lessor’s failure to request changes to or object to any submitted or resubmitted plans within 30 days of receipt constitutes Lessor’s approval of the plans. Minor changes in work or materials not affect affecting the Buildinggeneral character of the project may be made at any time without Lessor’s structure, the provision of services to other Building tenants or the Building’s electrical, plumbing, HVAC, life safety or mechanical systems; approval. (iii) such The following items do not require submission to, and approval, by Lessor: 1. Minor repairs and alternations necessary to maintain existing structures and improvements in a useful state of repair and operation; or 2. changes and alterations will not violate any applicable Laws; required by an authorized public official with authority or jurisdiction over the buildings or improvements, to comply with legal requirements. (ivc) such alterations Lessor will not unreasonably interfere with the business operations withhold its approval of other tenants in the Building; any items required by this Section 3.03. (vd) the cost of the With respect to any contract for work for such alterations does not exceed $100,000 in any single instance performed by Lessee or series of related alterations caused to be performed within a year (provided that Tenant shall not perform any improvementsby Lessee in, alterations on, or additions to the Premises in stages Leased Premises, Lessee will act as a means to subvert this provision); principal and (vi) Tenant secures not as the agent of Lessor, and Lessor expressly disclaims any and all permits, licenses and approvals required to construct and install such alterations (collectively, “Permitted Alterations”). All Permitted Alterations shall be made in accordance with all applicable Laws and in a good and first-class, workmanlike manner and in accordance with the terms of this Lease, including the terms of Exhibit B. Tenant shall notify Landlord before performing any Permitted Alterations if the anticipated Permitted Alterations could disrupt any other tenants or occupants of the Building or interfere with Landlord’s operation of the Building. All such alterations, additions and improvements shall be constructed, maintained and used by Tenant at its sole risk and expense, in accordance with all applicable Laws. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible liability for the cost of labor performed by Lessee or material furnished to Lessee. Lessee will pay promptly when due the entire cost of any work affecting the Leased Premises done by or for the account of Lessee so that the Leased Premises will at all work required times be free of liens for labor and materials. Lessee will not cause or permit any mechanics' liens or other liens to comply with be filed against the retrofit requirements fee of the ADA Leased Premises or against Lessee's leasehold interest (excluding any leasehold mortgage) in the land or any buildings or improvements on the Leased Premises by reason of any work, labor, services, or materials supplied or claimed to have been supplied to Lessee or anyone holding the Leased Premises or any part of them through or under Lessee. Lessee agrees to indemnify and hold Lessor harmless from and against and will cause to be discharged of record forthwith (by payment, bond, order of court of competent jurisdiction, or otherwise) any mechanic's, materialman's or other applicable laws pertaining to accessibility lien which may at any time be filed, claimed or asserted against the Leased Premises or any part thereof or interest therein arising out of work done by or for the Premises by disabled account of Lessee, irrespective of whether or handicapped personsnot such lien is valid or enforceable. In no event will Lessor or any of Lessor's property be liable for or chargeable with any expense or lien for work, and all rules, regulations and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additionslabor, or alterations materials used in the Leased Premises or any improvements or change thereof made in or to the Premises after the Commencement Date at the request of, or upon the order of, or to discharge the obligation 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 such request is delivered (1) not less than 60 days prior to the expiration of the Term in the 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 TermLessee.

Appears in 1 contract

Sources: Ground Lease

Improvements; Alterations. Landlord will afford Tenant may install improvements 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 only 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 borne and paid for by Tenant. Landlord will enter into a contract with the general contractor to perform the alterations and tenant improvements. No other alterations or physical additions in or to the Premises may be made without Landlord's prior written consent. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, 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 without the prior written consent of Landlord. 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 's expense and only in accordance with plans and specifications that which have been previously submitted to and approved in writing by Landlord, using contractors approved in writing by Landlord. Except as otherwise provided in Section 8.(f), Tenant shall not paint or install lighting or decorations, signs, window or door lettering or advertising media of any type visible from the exterior of the Premises without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant may make non-structural, interior alterations to the Premises required in the ordinary course of Tenant’s business without the written consent of Landlord provided: (i) such alterations will not be visible from outside the Premises; and (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 made in accordance with all applicable Laws and in a good and first-class, workmanlike manner and in accordance with the terms of this Lease, including the terms of Exhibit B. Tenant shall notify Landlord before performing any Permitted Alterations if the anticipated Permitted Alterations could disrupt any other tenants or occupants of the Building or interfere with Landlord’s operation of the Building. All such alterations, additions and improvements shall be constructed, maintained and used by Tenant at its sole own risk and expense, expense in accordance with all applicable Lawslaws. 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 Landlord's approval of the ADA or other applicable laws pertaining to accessibility of the Premises plans and specifications is not a representation 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 installationsLandlord that such alterations, additions, or alterations made in or improvements comply with any law. Prior to the Premises after the Commencement Date at the request of or by commencing any work, Tenant or by Tenant’s use agrees to pay to Landlord a supervisory and administrative fee equal to five percent (5%) 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 performed by Tenant subsequent to the Premises (whether such approval is required hereunder tenant improvements described in the Workletter. Tenant agrees that it will remove or otherwise), Tenant shall cause its contractor(s) to remove all such waste and debris from the Premises upon the completion of any alterations, additions and or improvements, as Landlord may request; provided such request is delivered (1) not less than 60 days prior to the expiration of the Term in the 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

Sources: Lease Agreement (Hotjobs Com LTD)

Improvements; Alterations. Tenant may install Except as otherwise specified in the Lease or in any Exhibit hereto, improvements to the Premises shall be installed at the expense of Tenant only at Tenant’s expense and in accordance with plans and specifications that which have been previously submitted to and approved in writing by Landlord, using contractors approved in writing by Landlord. Except as otherwise provided in Section 8.(fAfter 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 consent shall not be unreasonably withheld or delayed; provided, however, that so long as Tenant gives Landlord prior written notice thereof, Landlord's consent and approval shall not be required for any improvements or alterations which are non-structural and cosmetic in nature and that cost less than $5,000.00 per full floor of the Premises in the aggregate in any calendar year. Tenant shall not paint or install lighting or decorations, signs, window or door lettering lettering, or advertising media of any type visible from the exterior of on or about the Premises without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant may make non-structural, interior alterations to the Premises required in the ordinary course of Tenant’s business without the written which consent of Landlord provided: (i) such alterations will shall 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 unreasonably withheld 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”)delayed. All Permitted Alterations shall be made in accordance with all applicable Laws and in a good and first-class, workmanlike manner and in accordance with the terms of this Lease, including the terms of Exhibit B. Tenant shall notify Landlord before performing any Permitted Alterations if the anticipated Permitted Alterations could disrupt any other tenants or occupants of the Building or interfere with Landlord’s operation of the Building. All such alterations, additions and improvements shall be constructed, maintained and used by Tenant at its sole risk and expense, in accordance with all applicable Laws. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for the cost of all work required to comply with the retrofit requirements of the ADA or other applicable laws pertaining to accessibility of the Premises by disabled or handicapped persons, and all rules, regulations and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations 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 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 upon the Premises, either by Landlord may notify Tenant in writingor Tenant, contemporaneously with shall be 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 such request is delivered (1) not less than 60 days prior to the expiration of the Term in the event this Lease expires 's property at the end of the Term and (2) promptly following shall remain on the termination of this Lease Premises without compensation to Tenant; provided, however that if this Lease Tenant is terminated prior to not then in default hereunder and Tenant repairs any damage caused by such removal, Tenant may remove its trade fixtures at the expiration end of the Term. Upon approving any improvement or alteration, Landlord shall also advise Tenant as to whether it will require Tenant to remove such alteration or improvement at the termination or expiration of this Lease. 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.

Appears in 1 contract

Sources: Office Building Lease Agreement (Idx Systems Corp)

Improvements; Alterations. No improvements or alterations in or upon the 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 or made by Tenant may install improvements to the Premises only at Tenant’s expense and except in accordance with plans and specifications that which have been previously submitted to and approved in writing by Landlord, using contractors approved in writing by Landlord. Except as otherwise provided in Section 8.(f), Tenant which approval shall not paint be unreasonably withheld or install lighting or decorations, signs, window or door lettering or advertising media delayed except that Landlord may withhold approval of any type visible from the exterior of the Premises without the prior written consent of Landlord. Notwithstanding the foregoingimprovements or alterations which it determines, Tenant may make non-structuralin its sole opinion, interior alterations will materially and adversely affect any structural or aesthetic (only 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 extent visible from outside the Premises; (iiPremises or common areas) 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 made in accordance with all applicable Laws and in a good and first-class, workmanlike manner and in accordance with the terms of this Lease, including the terms of Exhibit B. Tenant shall notify Landlord before performing any Permitted Alterations if the anticipated Permitted Alterations could disrupt any other tenants or occupants aspect of the Building or interfere with Landlord’s operation of the BuildingBuilding Systems. All such alterationsimprovements and alterations (whether temporary or permanent in character) made in or upon the Premises, additions and improvements either by Landlord or Tenant, shall be constructed, maintained and used by Tenant at its sole risk and expense, in accordance (i) comply with all applicable Lawslaws, ordinances, rules and regulations, and (ii) be Landlord’s property at the end of the Term and shall remain on the Premises without 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. Notwithstanding Such consent shall not be unreasonably withheld provided Landlord may 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 items in the Building or, if not applicable, then Comparable Buildings. 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. 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 Texas Accessibility Standards (TAS) Article 9102, Texas Civil Statutes, The Administrative Rules of the Texas Department of Licensing and Regulation. Thereafter, notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for all costs incurred to cause the cost of all work required Premises to comply with any such laws, rules or regulations, including not by limitation the retrofit requirements of the ADA or other applicable laws pertaining to accessibility of the Premises by disabled or handicapped persons, and all rules, regulations and guidelines promulgated thereunderTAS, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the Premises after the Commencement Date at the request of or by Tenant or by Tenant’s use of the Premises (other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of whether such cost is incurred in connection with retrofit work required in the Premises (including work described in Exhibit B) or in other areas of the Building. In connection with Landlord’s review and approval of Tenant’s Work or any of Tenant’s proposed alterations, additions or improvements to the Premises, Landlord may notify Tenant in writing, contemporaneously with Landlord’s notice of approval to Tenant with respect to the improvements in question, that Landlord will require Tenant to remove such alterations prior to the expiration of the Term; provided, however Landlord will not require Tenant to remove alterations, additions or improvements to the extent the same are Building-standard, as reasonably determined by Landlord. Notwithstanding the foregoing, if Tenant does not obtain Landlord’s prior written consent for any alterations, additions or improvements to the Premises (whether such approval is required hereunder or otherwise), Tenant shall remove all such alterations, additions and improvements, as Landlord may request; provided such request is delivered (1) not less than 60 days prior to the expiration of the Term in the 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 Termamended.

Appears in 1 contract

Sources: Lease Agreement (ReachLocal Inc)

Improvements; Alterations. Tenant may install improvements Improvements to the Premises shall be installed at the expense of Tenant only at Tenant’s expense and in accordance with plans and specifications that which have been previously submitted to and approved in writing by Landlord, using contractors approved which approval shall not be unreasonably withheld, conditioned or delayed. After the initial Tenant improvements are made, no alterations or physical additions in writing by or to the Premises may be made without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. 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 visible from the exterior of on or about the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. All alterations, additions, or improvements (whether temporary or permanent in character, and including without limitation all air-conditioning equipment and all other equipment that is in any manner connected to the Building’s plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord’s property at the end of the Term and shall remain on the Premises without compensation to Tenant. Notwithstanding the foregoing, Tenant may shall have the right to make non-structural, interior structural alterations to the Premises required in the ordinary course so long as (i) they do not affect any Building systems such as mechanical, electrical or plumbing systems (ie movement of a wall likely affects HVAC systems and would require Landlord approval), (ii) they do not exceed a cost of $20,000, and (iii) Tenant gives Landlord fifteen (15) days prior written notice of Tenant’s business without intention of constructing such improvements including a description of the written improvements to be installed. Approval by Landlord of any of Tenant’s drawings and plans and specifications prepared in connection with any improvements in the Premises shall not constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications, or the improvements to which they relate, for any use, purpose, or condition, but such approval shall merely be the consent of Landlord 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 made in accordance with all applicable Laws and in a good and first-class, workmanlike manner and in accordance with the terms of this Lease, including the terms of Exhibit B. Tenant shall notify Landlord before performing any Permitted Alterations if the anticipated Permitted Alterations could disrupt any other tenants or occupants of the Building or interfere with Landlord’s operation of the Building. All such alterations, additions and improvements shall be constructed, maintained and used by Tenant at its sole risk and expense, in accordance with all applicable Lawshereunder. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for the cost of all work required to comply with the retrofit requirements of the ADA or other applicable laws pertaining to accessibility Americans with Disabilities Act of the Premises by disabled or handicapped persons1990, and all rules, regulations regulations, and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the Premises after the Commencement Date at the request of or by Tenant or by Tenant’s use of the Premises (other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of whether such cost is incurred in connection with retrofit work required in the Premises (including work the Work described in Exhibit BD) or in other areas of the Building. In connection with Landlord represents that, to Landlord’s review knowledge, the Project complies and/or will comply with all Federal ADA and approval TAS standards in all material respects as well as all other current (as of Tenant’s Work or any of Tenant’s proposed alterationsthe date hereof) governmental regulations, 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 questionall material respects, that Landlord will require Tenant apply 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 such request is delivered (1) not less than 60 days prior to the expiration of the Term in the 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 Termsimilar office building projects.

Appears in 1 contract

Sources: Lease Agreement (Arthrocare Corp)

Improvements; Alterations. Tenant may install improvements Improvements to the Premises only shall be installed at Tenant’s expense and only in accordance with plans and specifications that which have been previously submitted to and approved in writing by Landlord, using contractors approved which approval shall be governed by the provisions set forth in writing by this Section 8(a). No alterations or physical additions in or to the Premises may be made without Landlord. Except as otherwise provided ’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 Section 8.(fthe reasonable discretion of Landlord) the (1) Building’s Structure or the Building’s Systems (including the Building’s restrooms or mechanical rooms), (2) exterior appearance of the Building, (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 shall not be required for non-structural, interior cosmetic improvements costing less than $50,000 in the aggregate and not requiring a permit, provided however, at the expiration or earlier termination of this Lease, Tenant shall, at Landlord’s election, remove any such improvements and restore the Premises to its prior condition. Landlord agrees that Tenant shall not be required to remove the tenant improvements to be constructed in the Premises pursuant to Exhibit D at the expiration or earlier termination of this Lease to the extent such improvements are consistent with general office improvements or to the extent such improvements provide supplemental HVAC or additional electricity to the labs and/or server rooms in the Premises. Tenant shall not paint or install lighting or decorations, signs, window or door lettering lettering, or advertising media of any type 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 foregoingforegoing and provided Tenant is not in default under this Lease, Tenant may make non-structuralshall have the right, interior alterations at its sole cost and expense and subject 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 obtaining all permits, licenses governmental permits and approvals required therefor, to construct install one exterior identification sign (Building top, eyebrow or monument) at a location to be designated by Landlord, and install such alterations (collectively, “Permitted Alterations”). All Permitted Alterations shall be made otherwise in accordance with all applicable 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. Tenant shall be responsible for the fabrication, installation, maintenance and repair of such signage in a good condition at Tenant’s sole cost and first-class, workmanlike manner and in accordance with expense. At the terms expiration or earlier termination of this Lease, including Tenant shall, at Tenant’s sole expense, remove Tenant’s signage and restore the terms Building and/or the Project to its original condition in connection with the removal of Exhibit B. such signage. Tenant’s indemnity of Landlord under this Lease shall apply to Tenant’s signage. The signage rights granted to Tenant shall notify Landlord before performing are personal to the original Tenant signing this Lease and any Permitted Alterations if Transferee and shall not inure to the anticipated Permitted Alterations could disrupt benefit of any assignee, subtenant or other tenants or occupants of the Building or interfere with Landlord’s operation of the Buildingoccupant. 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. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for the cost of all work required to comply with the retrofit requirements of the ADA or other applicable laws pertaining to accessibility of the Premises by disabled or handicapped persons, and all rules, regulations and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the Premises after the Commencement Date at the request of or by Tenant or by Tenant’s use of the Premises (other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of whether such cost is incurred in connection with retrofit work required in the Premises (including work described in Exhibit B) or in other areas of the Building. In connection with ; Landlord’s review and consent to or 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 (or the Premises (whether such approval is required hereunder plans therefor) shall not constitute a representation or otherwise)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 remove be solely responsible for ensuring all such alterations, additions and improvements, as Landlord may request; provided such request is delivered (1) not less than 60 days prior to the expiration of the Term in the 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 Termcompliance.

Appears in 1 contract

Sources: Lease Agreement (Riverbed Technology, Inc.)