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) 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 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 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 require Tenant to remove such Cosmetic Alterations and restore the Premises to the condition they were in 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 make, at its expense, such additional improvements or alterations to the Premises as it may deem necessary or desirable; provided, however, that any repairs, improvements or alterations by Tenant shall be done only at times and in conformity with 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 in obtaining said approval(s). If requested by Landlord, Tenant will post a bond or other security reasonably satisfactory to Landlord to protect Landlord against liens arising from work performed for Tenant. All work performed shall be done in workmanlike manner and with material (when not specifically described in the specifications) of the quality and appearance customary in the trade for first-class construction of the type in which the Premises are located, and shall become the property of Landlord. Landlord may require Tenant to remove any improvements or alterations made by Tenant or at Tenant’s request at the expiration of the term, and to restore the Premises to the condition they were in at the commencement of the term. The foregoing shall not 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 earlier termination of this Lease.
Appears in 2 contracts
Samples: Office Space Lease (Captaris Inc), Office Space Lease (Captaris Inc)
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) is of a cosmetic nature such as paintingWithout Landlord's -------------------------------------- prior written approval (which may be withheld in Landlord's reasonable discretion), wallpaperingTenant may not make or permit any additions, hanging pictures 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 installing carpeting; fixtures (b) is not visible from other than the exterior of Tenant's Personal Property provided the Building; (c) will not affect same are installed at no cost or expense to Landlord), which may be made or installed by either party upon the Base Building, and (d) that such improvements are in accordance with all governmental laws, rules, regulations, ordinances and requirements. All other alterations Leased Premises shall be subject to Landlord’s reasonable 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 consent event Tenant shall not withheld or conditioned unless remove the making or installation 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 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 such removal to Landlord upon Tenant's receipt of the Building; or (e) would unreasonably interfere with the normal and customary business operations of the other tenants in the BuildingLandlord's written demand therefor. Notwithstanding, prior to commencing the work pursuant to this Section of the Lease, If 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 require Tenant fails to remove such Cosmetic Alterations and property and restore the Leased Premises to the condition they were in 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 additionas aforesaid, Landlord may do so and Tenant shall indemnify and hold harmless pay the entire cost thereof to Landlord from all costs and expenses as Additional Rent within 10 days after Tenant's receipt of Landlord's written demand therefor. Any such work as further provided for in the Lease. As conditioned above, Tenant may make, at its expense, such additional improvements or alterations to the Premises as it may deem necessary or desirable; provided, however, that any repairs, improvements or alterations Alterations performed by Tenant shall be done only done, at times Tenant's sole cost 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, Landlord prior to Tenant commencing such work and in accordance 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 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 any portion of the Lease. Tenant will pay directly or reimburse Landlord for balance of the Project by any cost incurred by Landlord in obtaining said approval(s). If requested by Landlord, Tenant will post a bond or other security reasonably satisfactory to Landlord to protect Landlord against liens arising from work performed for Tenanttenants. All work performed shall be done in a good and workmanlike manner by contractors approved by Landlord and with material (when not specifically described materials of comparable quality, value, utility and appearance as originally installed in the specificationsLeased Premises. Landlord's consent to or approval of and Alterations (or the plans and specifications therefor) of shall not constitute a representation or warrant by Landlord, nor Landlord's acceptance, that the quality same comply with (a) sound architectural and/or engineering practices, or (b) applicable laws, regulations, rules, codes, ordinances and appearance customary other governmental requirements, and Tenant shall be solely responsible for enduring all compliance with the matters referred to in the trade for first-class construction of the type (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.
(b) Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of, or order or authorization by, Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor, or the furnishing of any materials, that would give rise to the filing of any lien against the Leased Premises, or the Project, or any part thereof. Landlord shall have the right to post and keep posted on the Leased Premises are located, and shall become any notices that may be provided by law or which Landlord may deem to be proper for the property protection of Landlord. Landlord may require Tenant to remove any improvements or alterations made by Tenant or at Tenant’s request at the expiration of the term, and to restore the Premises to the condition they were in at the commencement of the term. The foregoing shall not apply to any work performed by Tenant in the Premises as part of the initial Tenant Improvement package, the subsequent addition of Leased Premises and the 2,000 square feet as set forth in Section 1 of Exhibit E of this Lease (together, “Excepted Improvements”Project from such lien(s), which Excepted Improvements Landlord has approved to remain in the Premises after expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)
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) 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 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 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 require Tenant to remove such Cosmetic Alterations and restore the Premises to the condition they were in 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 make, at its expense, make such additional improvements or alterations to the Leased Premises as it may deem deems necessary or desirable; provided, however, that any repairs, but only with Landlord’s prior written approval (which approval shall not be unreasonably withheld). Any such improvements or alterations by Tenant shall be at Tenant’s expense and shall be done only at times and by a licensed contractor approved by Landlord in conformity with 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 in obtaining said approval(s). If requested by Landlord, Tenant will post a bond or other security reasonably 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 manner, in accordance with applicable law and with material materials (when where not specifically described in the specifications) of the quality and appearance customary comparable to those in the trade for first-class construction of the type in which the Premises are located, and shall become the property of LandlordBuilding. Landlord may require Tenant Prior to remove any improvements or alterations made by Tenant or at Tenant’s request at the expiration of the term, and to restore the Premises to the condition they were in at the commencement of any work or delivery of any materials to the termLeased Premises, Tenant shall furnish Landlord, for its approval, copies of the following:
(a) plans and specifications;
(b) names and addresses of contractors;
(c) copies of contracts;
(d) necessary permits; and
(e) such other items as may be reasonably requested by Landlord to protect itself in connection with the work. The foregoing Notwithstanding the foregoing, Landlord’s consent shall not apply to be required for any work performed by Tenant in the Premises as part alteration that satisfies all of the initial Tenant Improvement packagefollowing criteria (a “Minor Alteration”); (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures, and installing carpeting; (b) is not visible from outside the subsequent addition Leased Premises or Building; (c) will not affect the systems or structure of the 2,000 square feet Building; (d) does not require work to be performed inside the walls or above the ceiling of the Leased Premises; and (e) the total cost of such alteration is less than $15,000. Although Landlord’s consent shall not be required for Minor Alterations, Tenant shall provide Landlord three (3) business days’ prior written notice of its intent to undertake such Minor Alteration, specifying therein the scope of such Minor Alteration. Except as set forth provided in Section 1 Article 9 above, all alterations, fixtures (except unattached, removable trade fixtures) and improvements, including those made or installed in or upon the Leased Premises by or for Tenant, shall immediately become Landlord’s property and, at the end of Exhibit E of this the Lease (togetherTerm, “Excepted Improvements”), which Excepted Improvements Landlord has approved shall remain on the Leased Premises without compensation to remain in the Premises after expiration or earlier termination of this Lease.Tenant. 13 – PLAZA TOWER ONE LEASE
Appears in 1 contract
Samples: Lease (Lifeline Therapeutics, Inc.)
