Common use of IMPROVEMENTS AND ALTERATIONS BY TENANT Clause in Contracts

IMPROVEMENTS AND ALTERATIONS BY TENANT. (a) Without Landlord's -------------------------------------- prior written approval (which may be withheld in Landlord's reasonable discretion), Tenant may not make or permit any additions, improvements, alterations, substitutions, replacements or modifications, structural or otherwise, to the Leased Premises (including, but not limited to, all electrical, heating, ventilating, air conditioning, plumbing or mechanical systems within the Leased Premises) (collectively, the "Alterations"), or attach any machines, equipment and fixtures (other than the Tenant's Personal Property provided the same are installed at no cost or expense to Landlord), which may be made or installed by either party upon the Leased Premises shall be and remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises, unless Landlord requests their removal at such time that the Landlord approves and gives consent, in which event Tenant shall remove the same and restore the Leased Premises to its original condition at Tenant's sole cost and expense and Tenant shall pay the entire cost of such removal to Landlord upon Tenant's receipt of Landlord's written demand therefor. If Tenant fails to remove such Alterations and property and restore the Leased Premises as aforesaid, Landlord may do so and Tenant shall pay the entire cost thereof to Landlord as Additional Rent within 10 days after Tenant's receipt of Landlord's written demand therefor. Any such Alterations performed by Tenant shall be done, at Tenant's sole cost and expense, in strict conformity with any plans and specifications approved by Landlord prior to Tenant commencing such work and in such a manner to minimize interference with other construction in the Building or on the Land in progress and with the use or enjoyment of all or any portion of the balance of the Project by any other tenants. All work performed shall be done in a good and workmanlike manner by contractors approved by Landlord and with materials of comparable quality, value, utility and appearance as originally installed in the Leased Premises. Landlord's consent to or approval of and Alterations (or the plans and specifications therefor) shall not constitute a representation or warrant by Landlord, nor Landlord's acceptance, that the same comply with (a) sound architectural and/or engineering practices, or (b) applicable laws, regulations, rules, codes, ordinances and other governmental requirements, and Tenant shall be solely responsible for enduring all compliance with the matters referred to in (a) and (b) above in this sentence. In each instance in which Landlord's approval is requested or required hereunder, Tenant shall reimburse Landlord as Additional Rent, upon receipt of written demand therefor, for all out-of-pocket cost and expenses incurred or paid by Landlord during such review process.

Appears in 2 contracts

Samples: Lease Between (Equinix Inc), Lease Between (Equinix Inc)

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IMPROVEMENTS AND ALTERATIONS BY TENANT. Tenant shall have the right to make (1) “Cosmetic Alterations” and (2) alterations that cost less than $75,000 without Landlord’s consent. For purposes of the Lease, “Cosmetic Alterations” are those alterations that satisfy all of the following criteria: (a) Without is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Building; (c) will not affect the Base Building, and (d) that such improvements are in accordance with all governmental laws, rules, regulations, ordinances and requirements. All other alterations shall be subject to Landlord's -------------------------------------- ’s reasonable consent, which consent shall not withheld or conditioned unless the making or installation of the improvements or alterations (a) adversely affects the Building Structure; (b) adversely affects the Building Systems; (c) do not comply with applicable laws; (d) affect the exterior appearance of the Building; or (e) would unreasonably interfere with the normal and customary business operations of the other tenants in the Building. Notwithstanding, prior written approval (which to commencing the work pursuant to this Section of the Lease, Tenant will inform Landlord in writing of all such alterations and perform the duties outlined in the Lease so as to insure proper coordination with building operations and other building occupants. Landlord may be withheld require Tenant to remove such Cosmetic Alterations and restore the Premises to the condition they were in Landlord's reasonable discretion)at the Final I-405 CAPA Lease 9-12-07 - 6 - Please Initial _______ commencement of the term at the expiration or earlier termination of the Lease. In addition, Tenant shall indemnify and hold harmless Landlord from all costs and expenses of such work as further provided for in the Lease. As conditioned above, Tenant may not make make, at its expense, such additional improvements or permit any additions, improvements, alterations, substitutions, replacements or modifications, structural or otherwise, alterations to the Leased Premises (including, but not limited to, all electrical, heating, ventilating, air conditioning, plumbing or mechanical systems within the Leased Premises) (collectively, the "Alterations"), or attach any machines, equipment and fixtures (other than the Tenant's Personal Property provided the same are installed at no cost or expense to Landlord), which may be made or installed by either party upon the Leased Premises shall be and remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises, unless Landlord requests their removal at such time that the Landlord approves and gives consent, in which event Tenant shall remove the same and restore the Leased Premises to its original condition at Tenant's sole cost and expense and Tenant shall pay the entire cost of such removal to Landlord upon Tenant's receipt of Landlord's written demand therefor. If Tenant fails to remove such Alterations and property and restore the Leased Premises as aforesaidit may deem necessary or desirable; provided, Landlord may do so and Tenant shall pay the entire cost thereof to Landlord as Additional Rent within 10 days after Tenant's receipt of Landlord's written demand therefor. Any such Alterations performed however, that any repairs, improvements or alterations by Tenant shall be done, done only at Tenant's sole cost times and expense, in strict conformity with any plans and specifications approved in advance in writing by Landlord, by a licensed contractor approved in advance in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and in accordance with all laws, rules, regulations, ordinances and requirements of governmental agencies, offices and boards having jurisdiction. Landlord shall specify in its approval (or, where no approval is required, upon Tenant’s written request) whether Landlord shall require Tenant to remove such improvement or alteration at the expiration or earlier termination of the Lease. Tenant will pay directly or reimburse Landlord for any cost incurred by Landlord prior in obtaining said approval(s). If requested by Landlord, Tenant will post a bond or other security reasonably satisfactory to Tenant commencing such Landlord to protect Landlord against liens arising from work and in such a manner to minimize interference with other construction in the Building or on the Land in progress and with the use or enjoyment of all or any portion of the balance of the Project by any other tenantsperformed for Tenant. All work performed shall be done in a good and workmanlike manner by contractors approved by Landlord and with materials material (when not specifically described in the specifications) of comparable quality, value, utility the quality and appearance as originally installed customary in the Leased Premisestrade for first-class construction of the type in which the Premises are located, and shall become the property of Landlord. Landlord's consent Landlord may require Tenant to remove any improvements or approval alterations made by Tenant or at Tenant’s request at the expiration of the term, and Alterations (or to restore the plans and specifications therefor) Premises to the condition they were in at the commencement of the term. The foregoing shall not constitute a representation apply to any work performed by Tenant in the Premises as part of the initial Tenant Improvement package, the subsequent addition of the 2,000 square feet as set forth in Section 1 of Exhibit E of this Lease (together, “Excepted Improvements”), which Excepted Improvements Landlord has approved to remain in the Premises after expiration or warrant by Landlord, nor Landlord's acceptance, that the same comply with (a) sound architectural and/or engineering practices, or (b) applicable laws, regulations, rules, codes, ordinances and other governmental requirements, and Tenant shall be solely responsible for enduring all compliance with the matters referred to in (a) and (b) above in earlier termination of this sentence. In each instance in which Landlord's approval is requested or required hereunder, Tenant shall reimburse Landlord as Additional Rent, upon receipt of written demand therefor, for all out-of-pocket cost and expenses incurred or paid by Landlord during such review processLease.

Appears in 2 contracts

Samples: Letter Agreement (Captaris Inc), Letter Agreement (Captaris Inc)

IMPROVEMENTS AND ALTERATIONS BY TENANT. (a) Without Landlord's -------------------------------------- prior written approval (which may be withheld in Landlord's reasonable discretion)On and after the Commencement Date, Tenant may not make any improvements or permit any additions, improvements, alterations, substitutions, replacements or modifications, structural or otherwise, alterations to the Leased Premises (including, but not limited to, all electrical, heating, ventilating, air conditioning, plumbing or mechanical systems within the Leased Premises) (collectively, the "Alterations"), or attach any machines, equipment and fixtures (other than the Tenant's Personal Property provided the same are installed at no cost or expense to Landlord), which may be made or installed by either party upon the Leased Premises shall be and remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises, unless Landlord requests their removal at such time that the Landlord approves and gives consent, in which event Tenant shall remove the same and restore the Leased Premises to its original condition at Tenant's sole cost and expense and Tenant shall pay the entire cost of such removal to Landlord upon Tenant's receipt of without Landlord's prior written demand thereforapproval. If Tenant fails to remove such Alterations and property and restore the Leased Premises as aforesaid, Landlord may do so and Tenant shall pay the entire cost thereof to Landlord as Additional Rent within 10 days after Tenant's receipt of Landlord's written demand therefor. Any such Alterations performed All improvements or alterations by Tenant shall be doneperformed, at Tenant's sole cost and expense, in strict compliance with applicable building codes and local ordinances and must be in conformity with any plans and specifications approved by Landlord. If requested by Landlord, Tenant will post a bond or other security satisfactory to Landlord prior to Tenant commencing such protect Landlord against liens arising from work and in such a manner to minimize interference with other construction in the Building or on the Land in progress and with the use or enjoyment of all or any portion of the balance of the Project by any other tenantsperformed for Tenant. All work performed shall be done performed in a good and workmanlike manner by contractors approved by Landlord and with materials (where not specifically described in the specifications) of comparable quality, value, utility the quality and appearance as originally installed comparable to those in the Building, and such work shall become the property of the Landlord. If Tenant desires to improve or alter the Leased Premises. Premises and Landlord gives its written consent to such improvements or alterations, then, at Landlord's consent to or approval of and Alterations (or the plans and specifications therefor) shall not constitute a representation or warrant by Landlord, nor Landlord's acceptance, that the same comply with (a) sound architectural and/or engineering practices, or (b) applicable laws, regulations, rules, codes, ordinances and other governmental requirements, and Tenant shall be solely responsible for enduring all compliance with the matters referred to in (a) and (b) above in this sentence. In each instance in which Landlord's approval is requested or required hereunderoption, Tenant shall reimburse contract with Landlord as Additional Rentfor the construction of such improvements or alterations. Tenant agrees to indemnify, upon receipt of written demand therefordefend and hold Landlord harmless from and against any and all losses, for all out-of-pocket cost liabilities, costs, damages, expenses, claims and expenses judgments including, without limitation, reasonable attorneys' fees incurred or paid by Landlord during due to mechanics' liens encumbering the Project or the Leased Premises or by reason of the performance of work on the Leased Premises at any time by Tenant or Tenant's agents, employees or contractors. Tenant represents and warrants that Tenant will maintain sufficient insurance to cover Tenant's indemnification under this Section 11. The comprehensive general liability insurance for Tenant or Tenant's agents or contractors shall be written on an occurrence basis with liability of not less than One Million and 00/100 Dollars ($1,000,000) per occurrence. Tenant shall notify its contractors and agents (i) to maintain without interruption liability insurance covering their actions and the actions of their employees and agents and (ii) that any work performed at the request of Tenant relating to the Leased Premises shall not be regarded as work performed for the owner of the Leased Premises and shall not entitle the person performing such review processwork to place any mechanics' liens on the Leased Premises or create any other rights for such third parties against Landlord.

Appears in 1 contract

Samples: Geerlings & Wade Inc

IMPROVEMENTS AND ALTERATIONS BY TENANT. (a) Without Landlord's -------------------------------------- prior written approval (which may be withheld in Landlord's reasonable discretion)Except for the Tenant Improvements, Tenant may shall not make or permit any additions, improvementschanges, alterations, substitutions, replacements additions or modifications, structural improvements in or otherwise, to the Leased Premises (including, but not limited to, all electrical, heating, ventilating, air conditioning, plumbing or mechanical systems within the Leased Premises) (collectively, the "Alterations"), including, without limitation, changes to locks on doors or attach any machinesto plumbing or wiring, equipment and fixtures (other than without first obtaining the Tenant's Personal Property provided the same are installed at no cost or expense to written consent of Landlord and, where required by Landlord), which may such Alterations shall be made or installed by either party upon under the Leased Premises shall be supervision of a competent architect and/or a licensed structural engineer, and remain the property of Landlord and shall remain upon and be surrendered in accordance with the Leased Premises, unless Landlord requests their removal at such time that the Landlord approves and gives consent, in which event Tenant shall remove the same and restore the Leased Premises to its original condition at Tenant's sole cost and expense and Tenant shall pay the entire cost of such removal to Landlord upon Tenant's receipt of Landlord's written demand therefor. If Tenant fails to remove such Alterations and property and restore the Leased Premises as aforesaid, Landlord may do so and Tenant shall pay the entire cost thereof to Landlord as Additional Rent within 10 days after Tenant's receipt of Landlord's written demand therefor. Any such Alterations performed by Tenant shall be done, at Tenant's sole cost and expense, in strict conformity with any plans and specifications which meet current building standards for quality, design, and colors if visible from the hallways or exterior, approved by Landlord, which approval shall not be unreasonably withheld. Prior to commencing any Alterations, Tenant shall notify Landlord prior to Tenant commencing of such work and Landlord shall perform a good faith asbestos inspection in such a manner to minimize interference accordance with other construction in the Building or on the Land in progress applicable laws and with the use or enjoyment of all or any portion of the balance of the Project by any other tenantsregulations. All work performed with respect to any Alterations shall be done in a good and workmanlike manner by contractors approved by Landlord and with materials shall be diligently prosecuted to completion. In no event shall Tenant's Alterations change or affect the strength, exterior appearance, roof, or the mechanical, electrical, or plumbing services or systems, of comparable quality, value, utility and appearance as originally installed in the Leased Premises. Building without Landlord's consent to or approval of and Alterations (or the plans and specifications therefor) shall not constitute a representation or warrant by Landlord, nor Landlord's acceptance, that the same comply with (a) sound architectural and/or engineering practices, or (b) applicable laws, regulations, rules, codes, ordinances and other governmental requirements, and Tenant shall be solely responsible for enduring all compliance with the matters referred to in (a) and (b) above in this sentenceconsent. In each instance in which Landlord's approval is requested or required hereunder, Tenant shall reimburse Landlord as Additional Rent, upon receipt demand for any sums expended by Landlord for examination and approval of written demand therefor, plans and specifications for any and all out-of-pocket cost and expenses Alterations. Tenant shall also pay Landlord a sum equal to the costs incurred or paid by Landlord during such review process.any inspection or supervision of any and all Alterations. All damages or injury to the Property caused by any act or omission of Tenant, or Tenant's officers, contractors, agents, invitees, licensees or employees, or by any persons who may be in or upon the Property with the express or implied consent of Tenant, including but not limited to, damage from cracked or broken glass in windows or doors, shall be paid by Tenant upon demand by Landlord. Tenant and Tenant's contractor shall comply with the general conditions for construction as referenced in Exhibit C.

Appears in 1 contract

Samples: Office Lease Agreement (Dwango North America Corp)

IMPROVEMENTS AND ALTERATIONS BY TENANT. (a) Without Landlord's -------------------------------------- prior written approval (which may be withheld in Landlord's reasonable discretion)Except for the Tenant Improvements, Tenant may shall not make or permit any additions, improvementschanges, alterations, substitutions, replacements additions or modifications, structural improvements in or otherwise, to the Leased Premises (including, but not limited to, all electrical, heating, ventilating, air conditioning, plumbing or mechanical systems within the Leased Premises) (collectively, the "Alterations"), including, without limitation, changes to locks on doors or attach any machinesto plumbing or wiring, equipment without first obtaining the written consent of Landlord and, where required by Landlord, such Alterations shall be made under the supervision of a competent architect and/or a licensed structural engineer, and fixtures (other than the Tenant's Personal Property provided the same are installed at no cost or expense to in accordance with plans and specifications, approved by Landlord), which may approval shall not be made or installed by either party upon the Leased Premises shall be and remain the property of Landlord and shall remain upon and be surrendered with the Leased Premisesunreasonably withheld. Prior to commencing any Alterations, unless Landlord requests their removal at such time that the Landlord approves and gives consent, in which event Tenant shall remove the same and restore the Leased Premises to its original condition at Tenant's sole cost and expense and Tenant shall pay the entire cost notify Landlord of such removal to Landlord upon Tenant's receipt of Landlord's written demand therefor. If Tenant fails to remove such Alterations and property and restore the Leased Premises as aforesaid, Landlord may do so and Tenant shall pay the entire cost thereof to Landlord as Additional Rent within 10 days after Tenant's receipt of Landlord's written demand therefor. Any such Alterations performed by Tenant shall be done, at Tenant's sole cost and expense, in strict conformity with any plans and specifications approved by Landlord prior to Tenant commencing such work and Landlord shall perform a good faith asbestos inspection in such a manner to minimize interference accordance with other construction in the Building or on the Land in progress applicable laws and with the use or enjoyment of all or any portion of the balance of the Project by any other tenantsregulations. All work performed with respect to any Alterations shall be done in a good and workmanlike manner by contractors approved by Landlord and with materials shall be diligently prosecuted to completion. In no event shall Tenant's Alterations change or affect the strength, exterior appearance, or the mechanical, electrical, or plumbing services or systems, of comparable quality, value, utility and appearance as originally installed in the Leased Premises. Building without Landlord's consent to or approval of and Alterations (or the plans and specifications therefor) shall not constitute a representation or warrant by Landlord, nor Landlord's acceptance, that the same comply with (a) sound architectural and/or engineering practices, or (b) applicable laws, regulations, rules, codes, ordinances and other governmental requirements, and Tenant shall be solely responsible for enduring all compliance with the matters referred to in (a) and (b) above in this sentenceconsent. In each instance in which Landlord's approval is requested or required hereunder, Tenant shall reimburse Landlord as Additional Rent, upon receipt demand for any sums expended by Landlord for examination and approval of written demand therefor, plans and specifications for any and all out-of-pocket cost and expenses Alterations. Tenant shall also pay Landlord a sum equal to the costs incurred or paid by Landlord during such review processany inspection or supervision of any and all Alterations. All damages or injury to the Property caused by any act or omission of Tenant, or Tenant's officers, contractors, agents, invitees, licensees or employees, or by any persons who may be in or upon the Property with the express or implied consent of Tenant, including but not limited to, damage from cracked or broken glass in windows or doors, shall be paid by Tenant upon demand by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Pac-West Telecomm Inc)

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IMPROVEMENTS AND ALTERATIONS BY TENANT. (a) Without Landlord's -------------------------------------- prior written approval (which may be withheld in Landlord's reasonable discretion)Except for the Tenant Improvements, Tenant may shall not make or permit any additions, improvementschanges, alterations, substitutions, replacements additions or modifications, structural improvements in or otherwise, to the Leased Premises (including, but not limited to, all electrical, heating, ventilating, air conditioning, plumbing or mechanical systems within the Leased Premises) (collectively, the "Alterations"), including, without limitation, changes to locks on doors or attach any machinesto plumbing or wiring, equipment and fixtures (other than without first obtaining the Tenant's Personal Property provided the same are installed at no cost or expense to written consent of Landlord), which may shall not unreasonably be withheld, and, where required by Landlord, such Alterations shall be made or installed under the supervision of a competent architect and/or a licensed structural engineer, and in accordance with plans and specifications, approved by either party upon the Leased Premises Landlord, which approval shall not be and remain the property of Landlord and shall remain upon and be surrendered with the Leased Premisesunreasonably withheld. Prior to commencing any Alterations, unless Landlord requests their removal at such time that the Landlord approves and gives consent, in which event Tenant shall remove the same and restore the Leased Premises to its original condition at Tenant's sole cost and expense and Tenant shall pay the entire cost notify Landlord of such removal to Landlord upon Tenant's receipt of Landlord's written demand therefor. If Tenant fails to remove such Alterations and property and restore the Leased Premises as aforesaid, Landlord may do so and Tenant shall pay the entire cost thereof to Landlord as Additional Rent within 10 days after Tenant's receipt of Landlord's written demand therefor. Any such Alterations performed by Tenant shall be done, at Tenant's sole cost and expense, in strict conformity with any plans and specifications approved by Landlord prior to Tenant commencing such work and Landlord shall perform a good faith asbestos inspection in such a manner to minimize interference accordance with other construction in the Building or on the Land in progress applicable laws and with the use or enjoyment of all or any portion of the balance of the Project by any other tenantsregulations. All work performed with respect to any Alterations shall be done in a good and workmanlike manner by contractors approved by Landlord and with materials shall be diligently prosecuted to completion. In no event shall Tenant's Alterations change or affect the strength, exterior appearance, or the mechanical, electrical, or plumbing services or systems, of comparable quality, value, utility and appearance as originally installed in the Leased Premises. Building without Landlord's consent to or approval of and Alterations (or the plans and specifications therefor) shall not constitute a representation or warrant by Landlord, nor Landlord's acceptance, that the same comply with (a) sound architectural and/or engineering practices, or (b) applicable laws, regulations, rules, codes, ordinances and other governmental requirements, and Tenant shall be solely responsible for enduring all compliance with the matters referred to in (a) and (b) above in this sentenceconsent. In each instance in which Landlord's approval is requested or required hereunder, Tenant shall reimburse Landlord as Additional Rent, upon receipt demand for any sums expended by Landlord for examination and approval of written demand therefor, plans and specifications for any and all out-of-pocket cost and expenses Alterations. Tenant shall also pay Landlord a sum equal to the costs incurred or paid by Landlord during such review processany inspection or supervision of any and all Alterations. All damages or injury to the Property caused by any act or omission of Tenant, or Tenant's officers, contractors, agents, invitees, licensees or employees, or by any persons who may be in or upon the Property with the express or implied consent of Tenant, including but not limited to, damage from cracked or broken glass in windows or doors, shall be paid by Tenant upon demand by Landlord.

Appears in 1 contract

Samples: Office Lease Agreement (Exodus Communications Inc)

IMPROVEMENTS AND ALTERATIONS BY TENANT. (a) Without Landlord's -------------------------------------- Tenant agrees not to make or allow to be made any alterations to the Premises, install any vending machines on the Premises, add to any electrical or other utility service, change window or door coverings, or place signs anywhere on the Property or in any windows or doors of the Premises, without first obtaining written consent of Landlord in each such instance, which consent may be given on such reasonable conditions as Landlord may elect. Prior to the cutting of any holes in any exterior surface or prior to any work being performed and/or any equipment being installed on the roof by Tenant, the written approval (of Landlord, which approval may be withheld in the exercise of Landlord's reasonable sole discretion), must be obtained by Tenant. The Tenant may shall not make contract for any work or permit service which might involve the employment of labor incompatible with Landlord's employees or other tenants and their employees or contractors doing work or performing services by or on behalf of the Landlord. As a condition to Landlord granting approval, Landlord shall have the right to require Tenant to furnish a bond or other security acceptable to Landlord sufficient to insure completion of and payment for any additions, improvements, alterations, substitutions, replacements or modifications, structural or otherwise, such work to be so performed. Any and all alterations to the Leased Premises (including, but not limited to, all electrical, heating, ventilating, air conditioning, plumbing or mechanical systems within the Leased Premises) (collectively, the "Alterations"), or attach any machines, equipment and fixtures (other than the Tenant's Personal Property provided the same are installed at no cost or expense to Landlord), which may be made or installed by either party upon the Leased Premises shall be and remain become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any and shall remain upon all fixtures, equipment and be surrendered with other improvement installed on the Leased Premises, unless Landlord requests their removal at such time that the Landlord approves Premises and gives consent, in which event Tenant shall remove the same and thereafter to restore the Leased Premises to its original condition at Tenant's sole cost Premises. In the event that Landlord so elects, and expense and Tenant shall pay the entire cost of such removal to Landlord upon Tenant's receipt of Landlord's written demand therefor. If Tenant fails to remove such Alterations and property and restore the Leased Premises as aforesaidimprovements, Landlord may do so remove such improvements at Tenant's cost, and Tenant shall pay Landlord on demand the entire cost thereof to Landlord as Additional Rent within 10 days after Tenant's receipt of Landlord's written demand therefor. Any such Alterations performed by Tenant shall be done, at Tenant's sole cost and expense, in strict conformity with any plans and specifications approved by Landlord prior to Tenant commencing such work and in such a manner to minimize interference with other construction in restoring the Building or on Standard Improvements, as defined in Exhibit B, to the Land in progress and with the use or enjoyment of all or any portion of the balance of the Project by any other tenants. All work performed shall be done in a good and workmanlike manner by contractors approved by Landlord and with materials of comparable quality, value, utility and appearance as originally installed in the Leased Premises. Landlord's consent to or approval of and Alterations (or the plans and specifications therefor) shall not constitute a representation or warrant by Landlord, nor Landlord's acceptance, that the same comply with (a) sound architectural and/or engineering practices, or (b) applicable laws, regulations, rules, codes, ordinances and other governmental requirements, and Tenant shall be solely responsible for enduring all compliance with the matters referred to in (a) and (b) above in this sentence. In each instance in which Landlord's approval is requested or required hereunder, Tenant shall reimburse Landlord as Additional Rent, upon receipt of written demand therefor, for all out-of-pocket cost and expenses incurred or paid by Landlord during such review process.

Appears in 1 contract

Samples: Lease Agreement (Cfi Mortgage Inc)

IMPROVEMENTS AND ALTERATIONS BY TENANT. (a) Without Landlord's -------------------------------------- ’s prior written approval (approval, which may shall not be withheld in Landlord's reasonable discretion)unreasonably withheld, Tenant may not make any improvements or permit any additions, improvements, alterations, substitutions, replacements or modifications, structural or otherwise, alterations to the Leased Premises (including, Premises. The above shall not apply to currently existing shed as it now stands but not limited to, all electrical, heating, ventilating, air conditioning, plumbing shall apply to future improvements or mechanical systems within the Leased Premises) (collectively, the "Alterations"), or attach any machines, equipment and fixtures (other than the Tenant's Personal Property provided the same are installed at no cost or expense alterations to Landlord), which may be made or installed by either party upon the Leased Premises shall be and remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises, unless Landlord requests their removal at such time that the Landlord approves and gives consent, in which event Tenant shall remove the same and restore the Leased Premises to its original condition at Tenant's sole cost and expense and Tenant shall pay the entire cost of such removal to Landlord upon Tenant's receipt of Landlord's written demand therefor. If Tenant fails to remove such Alterations and property and restore the Leased Premises as aforesaid, Landlord may do so and Tenant shall pay the entire cost thereof to Landlord as Additional Rent within 10 days after Tenant's receipt of Landlord's written demand thereforshed. Any such Alterations performed improvements or alterations by Tenant shall be done, at Tenant's sole cost and ’s expense, in strict compliance with building code and local ordinances and in conformity with any plans and specifications approved by Landlord prior to Tenant commencing such work and in such a manner to minimize interference with other construction in the Building or on the Land in progress and with the use or enjoyment of all or any portion of the balance of the Project Landlord. If improvements are required by any law or ordinance, Tenant shall notify Landlord of such requirement and no written approval shall be necessary. If requested by Landlord, Tenant will post a bond or other tenantssecurity satisfactory to Landlord to protect Landlord against liens arising from work performed for Tenant. All work performed shall be done in a good and workmanlike manner by contractors approved and with materials (where not specifically described in the specifications) of the quality and appearance comparable to those in the Building. Such improvements or alterations shall become the property of the Landlord so long as they are fixtures. Tenant hereby agrees to indemnify and hold Landlord harmless, and shall defend Landlord, from and against any and all loss liability, cost, damage, expense, claims and judgments, including any related attorney’s fees incurred by Landlord and any mechanics’ liens encumbering the Premises by reason of the performance of work on the Premises at any time by Tenant or Tenant’s agents, employees or other person designated by Tenant. Tenant represents and warrants that Tenant and Tenant’s agents and contractors will maintain comprehensive general liability insurance to cover Tenant’s indemnification in this Paragraph. The comprehensive general liability insurance for Tenant or Tenant’s agent or employee shall be written on an occurrence basis with materials liability of comparable quality, value, utility not less than $1,000,000 per occurrence. Tenant shall notify third parties: (i) to maintain liability insurance covering their actions and appearance as originally installed in the Leased Premises. Landlord's consent actions of their employees or agents; and (ii) that any work performed at the request of Tenant relating to or approval of and Alterations (or the plans and specifications therefor) Premises shall not constitute a representation or warrant by be regarded as work performed for the owner of the Premises and shall not entitle the person performing such work to place any mechanics’ liens on the Premises to create any other rights for such third parties against Landlord, nor Landlord's acceptance, that the same comply with (a) sound architectural and/or engineering practices, or (b) applicable laws, regulations, rules, codes, ordinances and other governmental requirements, and Tenant shall be solely responsible for enduring all compliance with the matters referred to in (a) and (b) above in this sentence. In each instance in which Landlord's approval is requested or required hereunder, Tenant shall reimburse Landlord as Additional Rent, upon receipt of written demand therefor, for all out-of-pocket cost and expenses incurred or paid by Landlord during such review process.

Appears in 1 contract

Samples: Recreation Department

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