Common use of Installation, Alterations or Additions Clause in Contracts

Installation, Alterations or Additions. Not to make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder shall not be unreasonably withheld in the case of non-structural interior alterations that do not impair the structural integrity of the Building, impact the Building systems, or involve penetration of the roof or exterior walls. Landlord shall respond to Tenant’s request for approval within ten (10) business days of the same being made, and if Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approval, and (y) following such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such notice. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at Landlord’s request Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking such work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit F, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Lease.

Appears in 4 contracts

Samples: Lease Agreement (ConforMIS Inc), Lease Agreement (ConforMIS Inc), Lease Agreement (ConforMIS Inc)

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Installation, Alterations or Additions. Not to Tenant shall not make any installations, alterations alterations, additions or additions improvements (collectively and individually referred to in this paragraph as "work") in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder Landlord's consent and approval shall not be unreasonably withheld or delayed with respect to work which equals or exceeds the typical level of improvements in the case of nonBuilding in quality and does not adversely affect the plumbing, heating, ventilating, air-structural interior alterations that do not impair the structural integrity conditioning, mechanical, electrical or life-safety systems of the Building, impact does not adversely affect the structural elements of the Building, is not visible from outside of the Premises and shall not materially increase Taxes of Operating Costs nor require Landlord to perform any work to the Property, and Tenant need not obtain Landlord's consent to install readily removable signs, display boards, floor and wall coverings, work stations and shelves within the Premises provided Tenant shall give Landlord prior notice thereof, the same are not visible from the common areas of the Building systems, or involve penetration of the roof or exterior walls. Landlord shall respond to Tenant’s request for approval within ten (10) business days of the same being made, Property and if Landlord denies any such request it shall provide Tenant with a reason for such denial. Landlord work shall be deemed scheduled at a time reasonably acceptable to have Landlord. All work to be performed to the Premises by Tenant shall (i) be performed in a good and workmanlike manner by contractors reasonably approved any request submitted in advance by Landlord and in compliance with the provisions of Exhibit C and all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws, (ii) be made at Tenant, if (x) 's sole cost and expense and at such times and in such a manner as Landlord fails may from time to respond within ten (10) business days after receiving a request for such approvaltime reasonably designate, and (yiii) following such ten (10) business day periodbe free of liens and encumbrances and become part of the Premises and the property of Landlord without being deemed additional rent for tax purposes, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section and Tenant agreeing that Tenant shall be treated as the owner of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval work for tax purposes until the expiration or earlier termination of the matters term hereof, subject to Landlord's rights pursuant to Section 6.1.9 to require Tenant to remove the same at or prior to the expiration or earlier termination of the term hereof and, to the extent Landlord shall make such noticeelection, title thereto shall remain vested in Tenant at all times. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises Premises, Building and Property shall at all times be free of liens for labor and materialsliens, and and, at Landlord’s 's request (but only for work, which together with any related work, shall exceed $100,000 in cost), Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any such work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics' lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Prior to the commencement of any such work, and throughout and until completion thereof, Tenant shall procure maintain, or cause to be maintained, the insurance required by Exhibit D, all necessary licenses and permits at Tenant’s sole expense before undertaking with coverage limits as stated therein or such work. All such work higher limits as shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoningreasonably required by Landlord. In addition, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing arising out of such work. Not Whenever and as often as any mechanic's or materialmen's lien shall have been filed against the Property based upon any act of Tenant or of anyone claiming through Tenant, Tenant shall within three (3) days of notice from Landlord to grant Tenant take such action by bonding, deposit or payment as will remove or satisfy the lien. Tenant shall, upon request of Landlord, execute and deliver to Landlord a security interest inxxxx of sale covering any work or Equipment Tenant shall be required to surrender hereunder. Tenant shall not, at any time, directly or to leaseindirectly, employ or permit the employment of any personal property contractor, mechanic or equipment being installed laborer in the Premises, includingif such employment will interfere or cause any conflict with other contractors, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord mechanics or laborers engaged in the form attached hereto as Exhibit Fconstruction, from maintenance or operation of the secured party Building by Landlord, Tenant or lessor (“Secured Party”) that stipulates in others. In the event either of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the LeaseBuilding immediately.

Appears in 3 contracts

Samples: Lease Agreement (EPIX Pharmaceuticals, Inc.), Lease (EPIX Pharmaceuticals, Inc.), Lease (Predix Pharmaceuticals Holdings Inc)

Installation, Alterations or Additions. Not to Tenant shall not make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the wallswalls or partitions (except for small holes required to hang signs, partitionsmarker boards, shelving and customary office art), ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder Landlord’s approval shall not be unreasonably withheld in the case of non-structural interior alterations that or delayed with respect to alterations, additions or improvements which do not impair affect the structural integrity elements of the Building, impact equal or exceed Building standards in quality and do not adversely affect or require any modifications to the plumbing, heating, ventilating, air-conditioning, mechanical, electrical or life-safety systems of the Building, are not visible from outside of the Premises and shall not increase Taxes or Insurance Costs nor require Landlord to perform any work to the Property. Notwithstanding the foregoing, Tenant need not obtain Landlord’s consent to perform Cosmetic Alterations (defined below) if the same are not visible from the exterior or common areas of the Building systems, and any such work shall be scheduled at a time reasonably acceptable to Landlord. “Cosmetic Alterations” means changes to the finishes within the Premises (e.g. changes to the floor and wall coverings and paint) that do not affect the structure or involve penetration systems of the roof Premises or exterior wallsBuilding, do not involve work above ceilings or within walls and do not require a building permit. All work to be performed to the Premises by Tenant shall (i) be performed in a good and workmanlike manner by contractors approved in advance by Landlord shall respond to and in compliance with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws, (ii) be made at Tenant’s request for approval within ten (10) business days of the same being made, sole cost and if expense and at such times and in such a manner as Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed may from time to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approvaltime designate, and (yiii) following such ten (10) business day periodbecome part of the Premises and the property of Landlord without being deemed additional rent for tax purposes, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section and Tenant agreeing that Tenant shall be treated as the owner for tax purposes until the expiration or earlier termination of the Leaseterm hereof, advising Landlord that failure subject to respond Landlord’s rights pursuant to such notice shall result in deemed approval Section 6.1.8 to require Tenant to remove the same at or prior to the expiration or earlier termination of the matters subject to such noticeterm hereof. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises Premises, Building and Property shall at all times be free of liens for labor and materials, and and, at Landlord’s request request, Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any such work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Prior to the commencement of any such work, and throughout and until completion thereof, Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking maintain, or cause to be maintained, such work. All such work insurance with coverage limits as shall be done in a good reasonably required by Landlord. Whenever and workmanlike manner employing materials as often as any mechanic’s or materialmen’s lien shall have been filed against the Property based upon any act of good quality and so as to conform with all applicable zoningTenant or of anyone claiming through Tenant, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save within three (3) days of notice from Landlord harmless and indemnified from all injuryto Tenant take such action by bonding, lossdeposit or payment as will remove or satisfy the lien. Notwithstanding anything to the contrary, claims in this Lease or damage to any person or property occasioned by or growing out otherwise, the interest of such work. Not to grant a security interest in, or to lease, any personal property or equipment being installed the Landlord (whether in the Premises, includingBuilding, without limitationProperty or otherwise) shall not be subject to liens for any improvements, demountable partitions (the “Collateral”) without first obtaining an alterations, or repairs made by or for Tenant, or liens for any labor, service, material or other work provided by, to or for Tenant, regardless of whether installed or provided pursuant to this Lease or any other agreement for the benefit of now existing or hereafter arising between Landlord and Tenant, all as contemplated in the form attached hereto as Exhibit F, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord Section 713.10 of the expiration Florida Statutes and, in accordance with that statute, Tenant shall (a) notify each and every contractor which makes or earlier termination participates in any improvements, alteration or repair, or which provides or participates in providing any such labor, service material or other work of the existence of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Partyprovision, (iib) Secured Party will restore the area affected by provide a copy of this provision to each such removalcontractor, and (iiic) that require and cause each such contractor to notify each of their respective contractors or other person or party with whom they deal in connection with any improvement, alteration, repair, or any labor, service, material or other work, of the existence of this provision and provide a failure copy of this provision to so remove the Collateral will subject such property each of them and require them to do likewise with each contractor, person or party with whom they may deal, to the provisions of subsection 6.1.9 end that all contractors, subcontractors, laborers, material suppliers, service providers, and other persons, or parties, who make, provide or participate in any such improvement, alteration or repair, or provide or participate in providing any labor, service, material or other work, or otherwise act to bring about any of the Leaseforegoing, will be placed on actual notice of this provision.

Appears in 2 contracts

Samples: Lease Agreement (AxoGen, Inc.), Lease Agreement (AxoGen, Inc.)

Installation, Alterations or Additions. Not to make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes (other than in connection with hanging pictures or securing furniture and fixtures) in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder , which approval shall not be unreasonably withheld withheld, delayed or conditioned. Landlord shall give Tenant notice, in reasonable detail, of any objections or concerns Landlord may have with respect to any proposed installation, alteration or addition. Landlord shall not be deemed unreasonable for withholding approval of any proposed installation, alteration or addition that (i) involves or might affect the case of non-structural interior alterations that do not impair the structural integrity Building structure or exterior element of the BuildingBuilding or any portion thereof, impact and/or (ii) might, in Landlord’s reasonable opinion, materially adversely affect the value of the Building systemsor any portion thereof, or involve and/or (iii) might materially adversely affect the proper functioning of the Building systems and/or (iv) is visible from outside of the Premises and/or is not within the interior of the Premises and/or (v) involves penetration of the roof or exterior walls. Tenant agrees to employ for any work one or more responsible contractors of whom Landlord has given prior approval (which approval shall respond to Tenant’s request for approval within ten (10) business days of the same being madenot be unreasonably withheld), and if whose labor will work without interference with other labor working on the Property, and to cause such contractors employed by Tenant to carry worker’s compensation insurance in accordance with statutory requirements, Employers Liability Insurance at least equal to the limits set forth in Section 4.2.4.1, and commercial general liability insurance covering such contractors on or about the Premises in amounts at least equal to the limits set forth in Section 1.1. All contractors insurance shall name Landlord denies such request it shall provide Tenant with and its managing agent and any mortgagee as additional insureds on a reason primary and non-contributory basis, and indemnifying the parties so named against claims for such denial. Landlord shall be deemed death or injury to persons or damage to property claimed to have approved occurred in the Premises or on the property. Tenant shall cause its contractors to submit certificates evidencing such coverage to Landlord prior to the commencement of any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approval, and (y) following such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such noticework. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at Landlord’s request Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith within ten (10) days of notice from Landlord bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. If Tenant shall fail to cause any such lien to be discharged within such ten (10) day period, then in addition to any other available right or remedy, Landlord may discharge the same, either by paying the amount claimed to be due, or by bonding or otherwise. Any amount so paid, and all costs and expenses so incurred by Landlord in connection therewith, shall constitute Additional Rent hereunder. Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking such work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work, and any liability, loss, cost, damage and expense of every kind and nature incurred by reason of, or arising out of any and all mechanic’s and other liens filed in connection with any alterations or improvements. Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit FH, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Lease.

Appears in 2 contracts

Samples: Office Lease (Avedro Inc), Office Lease (Avedro Inc)

Installation, Alterations or Additions. Not to Tenant shall not make any installations, alterations alterations, additions or additions improvements (collectively and individually referred to in this paragraph as “work”) in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals work to be performed to the Premises by Tenant shall (i) be performed in a good and workmanlike manner by contractors approved in advance by Landlord and in compliance with the provisions of Landlord required hereunder shall not Exhibit C and all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws, (ii) be unreasonably withheld in the case of non-structural interior alterations that do not impair the structural integrity of the Building, impact the Building systems, or involve penetration of the roof or exterior walls. Landlord shall respond to made at Tenant’s request for approval within ten (10) business days of the same being made, sole cost and if expense and at such times and in such a manner as Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed may from time to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approvaltime designate, and (yiii) following such ten (10) business day periodbe free of liens and encumbrances and become part of the Premises and the property of Landlord without being deemed additional rent for tax purposes, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section and Tenant agreeing that Tenant shall be treated as the owner of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval work for tax purposes until the expiration or earlier termination of the matters term hereof, subject to Landlord’s rights pursuant to Section 6.1.9 to require Tenant to remove the same at or prior to the expiration or earlier termination of the term hereof and, to the extent Landlord shall make such noticeelection, title thereto shall remain vested in Tenant at all times. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises Premises, Building and Property shall at all times be free of liens for labor and materialsliens, and and, at Landlord’s request request, Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any such work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Prior to the commencement of any such work, and throughout and until completion thereof, Tenant shall procure maintain, or cause to be maintained, the insurance required by Exhibit D, all necessary licenses and permits at Tenant’s sole expense before undertaking with coverage limits as stated therein or such work. All such work higher limits as shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned reasonably required by or growing out of such work. Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit F, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the LeaseLandlord.

Appears in 2 contracts

Samples: Lease Agreement (RMR Group Inc.), Lease Agreement (Reit Management & Research Inc.)

Installation, Alterations or Additions. Not to Tenant shall not make any installations, alterations alterations, additions or additions improvements (collectively and individually referred to in this Section 6.2.5 as “work”) in, to or on the Premises nor to permit the making of any holes in the wallswalls or partitions (except to hang pictures, partitionsshelves, marker boards and customary office art), ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder Landlord’s approval shall not be unreasonably withheld in the case of non-structural interior alterations that or delayed with respect to alterations, additions or improvements which do not impair affect the structural integrity elements of the Building, impact equal or exceed Building standards in quality and do not affect the Building systemsplumbing, heating, ventilating, air-conditioning, mechanical, electrical or involve penetration life-safety systems of the roof Building, are not visible from outside of the Premises and shall not increase Taxes or exterior wallsOperating Costs nor require Landlord to perform any work to the Property; and Tenant need not obtain Landlord’s consent to change the finishes within the Premises provided Tenant shall give Landlord prior notice thereof and any such work shall be scheduled at a time reasonably acceptable to Landlord. All work to be performed to the Premises by Tenant shall (i) be performed in a good and workmanlike manner by contractors approved in advance by Landlord shall respond to and in compliance with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws, (ii) be made at Tenant’s request for approval within ten (10) business days of the same being made, sole cost and if expense and at such times and in such a manner as Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed may from time to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approvaltime designate, and (yiii) following such ten (10) business day periodbe free of liens and encumbrances and become part of the Premises and the property of Landlord without being deemed additional rent for tax purposes, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section and Tenant agreeing that Tenant shall be treated as the owner of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval work for tax purposes until the expiration or earlier termination of the matters term hereof, subject to Landlord’s rights pursuant to Section 6.1.9 to require Tenant to remove the same at or prior to the expiration or earlier termination of the term hereof and, to the extent Landlord shall make such noticeelection, title thereto shall remain vested in Tenant at all times. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises Premises, Building and Property shall at all times be free of liens for labor and materialsliens, and and, at Landlord’s request request, Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any such work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking Prior to the commencement of any such work. All , and throughout and until completion thereof, Tenant and/or its contractors shall maintain, or cause to be maintained, such work insurance as shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoningreasonably required by Landlord. In addition, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing arising out of such work. Not Whenever and as often as any mechanic’s or materialmen’s lien shall have been filed against the Property based upon any act of Tenant or of anyone claiming through Tenant, Tenant shall within three (3) days of notice from Landlord to grant Tenant take such action by bonding, deposit or payment as will remove or satisfy the lien. Tenant shall, upon request of Landlord, execute and deliver to Landlord a security interest inxxxx of sale covering any work Tenant shall be required to surrender hereunder. Tenant’s contracts and purchase orders for work in the Premises shall require that each contractor comply with the provisions of this Section 6.2.5, the Rules and Regulations and all other provisions of this Lease applicable to the activities of the contractor anywhere on the Property. If Tenant or any of its contractors or subcontractors shall fail or refuse to leasecomply with any such obligations, then upon notice to Tenant, Landlord may require Tenant to cease performance of the work immediately until Tenant makes arrangements satisfactory to Landlord to achieve compliance. Tenant shall not, at any personal property time, directly or equipment being installed indirectly, employ or permit the employment of any contractor, mechanic or laborer in the Premises, includingif such employment will interfere or cause any conflict with other contractors, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord mechanics or laborers engaged in the form attached hereto as Exhibit Fconstruction, from maintenance or operation of the secured party Building by Landlord, Tenant or lessor (“Secured Party”) that stipulates in others. In the event either of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the LeaseBuilding immediately.

Appears in 1 contract

Samples: Lease Agreement (Leap Therapeutics, Inc.)

Installation, Alterations or Additions. (a) Not to make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors (other than to hang artwork and the like) nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of LandlordLandlord (which shall not be unreasonably withheld, conditioned or delayed), and then only pursuant to plans and specifications reasonably approved by Landlord in advance in each instance. All approvals of instance and with contractors reasonably approved by Landlord required hereunder shall not be unreasonably withheld in whose labor will work without interference with other labor working on the case of non-structural interior alterations that do not impair the structural integrity of Premises or the Building, impact the Building systems, or involve penetration of the roof or exterior walls. Landlord shall respond to Tenant’s request Any plans submitted for Landlord's approval within ten (10) business days of the same being made, and if Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord hereunder shall be deemed approved if Landlord does not request more information or specify its reasonable objections thereto in writing to have approved any request submitted by Tenant, if (x) Landlord fails to respond Tenant within ten (10) 10 business days after receiving a request for such approval, and (y) following such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such noticesubmission. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at Landlord’s 's request if the work costs over $100,000 Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics' lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking such work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord and all Landlord Affiliates harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Not to grant a security interest in. (b) Before Tenant begins any work, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit F, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then shall (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of secure all licenses and permits necessary therefor at Tenant’s default in its obligations to Secured Party's sole expense, (ii) Secured Party will restore deliver to Landlord a statement of the area affected names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by such removal, them and (iii) cause each contractor to carry (A) workers' compensation insurance in statutory amounts and employer's liability insurance with limits not less than $500,000 per accident covering all the contractor's and subcontractor's employees, (B) commercial general liability insurance, including completed operations coverage for a period of 2 years beyond completion of the work that the contractor/subcontractor performs with such limits as Landlord may reasonably require, but in no event less than $2,000,000 per occurrence, and (C) automobile liability insurance with such limits as Landlord may reasonably require, but in no event less than $2,000,000 combined single limit per accident. All such insurance (i) is to be written by companies reasonably approved by Landlord, (ii) shall name Landlord, all Landlord Affiliates requested by Landlord and Tenant as additional insureds, as their respective interests may appear, as well as their respective contractors and subcontractors, (iii) shall contain a failure waiver of subrogation provision in favor of Landlord and all such Landlord Affiliates, and (iv) shall be primary coverage as to so remove any other coverage maintained by any insured other than Tenant). Tenant shall deliver to Landlord certificates of all such insurance before Tenant begins any work. Tenant agrees to promptly pay when due the Collateral will subject entire cost of any work done in the Premises by Tenant, its agents, employees or contractors, and within 5 business days upon receipt of notice of the same to discharge or bond off any such property liens which may attach to the provisions Premises by reason of subsection 6.1.9 such work. (c) Landlord may inspect the work in progress at reasonable times, provided, however, Landlord shall, except in case of emergency, (i) give Tenant reasonable prior notice of such inspections and (ii) conduct such inspections so as to minimize interference with the construction work of Tenant. All work shall be done so as to minimize unreasonable interference with other tenants or lawful occupants of the LeaseBuilding and with Landlord's operation of the Building or other construction work being done by Landlord. (d) At Landlord's request, Tenant shall, promptly after such work is completed, provide Landlord with a full set of as built plans for the portions of the Premises affected by such work, unless such work did not change anything that would be shown on as built plans.

Appears in 1 contract

Samples: Lease (Breakaway Solutions Inc)

Installation, Alterations or Additions. Not to make any -------------------------------------- installations, alterations or additions in, to or on the Premises nor to permit the making of any holes (other than by small nails and screws for hanging pictures and the like) in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals Notwithstanding the foregoing, Tenant may, without the prior consent of Landlord required hereunder shall Landlord, make nonstructural, interior installations or alterations not be unreasonably withheld exceeding $5,000 in cost individually or $10,000 in the case of non-structural interior alterations aggregate during any twelve (12) month period, provided that (a) the same do not impair the structural integrity of the Building, impact the Building systemsreduce its value, or involve penetration modifications to the Building heating, ventilation or air conditioning systems or penetrations of the roof or exterior walls. Landlord shall respond to Tenant’s request for approval within ten (10) business days of the same being made, and if Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approval, walls and (yb) following in each instance Tenant shall furnish Landlord with "as built" plans upon completion of such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such noticework. Tenant shall pay promptly when due the entire cost of any work to the Premises premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at Landlord’s 's request Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics' lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics' liens or other encumbrances that may arise out of such work. Tenant shall procure all necessary licenses and permits at Tenant’s 's sole expense before undertaking such work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit F, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Lease.

Appears in 1 contract

Samples: Lease (Averstar Inc)

Installation, Alterations or Additions. Not to make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of LandlordLandlord (not to be unreasonably withheld), and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder shall not be unreasonably withheld in the case of non-structural interior alterations that do not impair the structural integrity of the Building, impact the Building systems, or involve penetration of the roof or exterior walls. Landlord shall respond to Tenant’s request for approval within ten (10) business days of the same being made, and if Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approval, and (y) following such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such notice. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at Landlord’s request Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith within ten (10) days of notice from Landlord bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. If Tenant shall fail to cause any such lien to be discharged within such 10 day period, then in addition to any other available right or remedy, Landlord may discharge the same, either by paying the amount claimed to be due, or by bonding or otherwise. Any amount so paid, and all costs and expenses so incurred by Landlord in connection therewith, shall constitute Additional Rent hereunder. Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking such work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Not to grant a security interest in, and any liability, loss, cost, damage and expense of every kind and nature incurred by reason of, or to lease, arising out of any personal property and all mechanic’s and other liens filed in connection with any alterations or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit F, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Leaseimprovements.

Appears in 1 contract

Samples: Office Lease (Capstone Dental Pubco, Inc.)

Installation, Alterations or Additions. Not to Tenant shall not make any installations, alterations alterations, additions or additions improvements (collectively and individually referred to in this paragraph as “work”) in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder Landlord’s approval shall not be unreasonably withheld in the case of non-structural interior alterations that or delayed with respect to alterations, additions or improvements which (i) do not impair affect the structural integrity elements of the Building, impact (ii) equal or exceed Building standards in quality, (iii) do not adversely affect the plumbing, HVAC, mechanical, electrical or life-safety systems of the Building systemsor require any modifications to the plumbing, HVAC, mechanical, electrical or involve penetration life-safety systems of the roof Building (or exterior walls. if any such modifications are required, Landlord’s consent shall not be unreasonably withheld or delayed provided that Tenant shall agree to reimburse Landlord shall respond to Tenant’s request for approval within ten (10) business days of the same being made, and if Landlord denies such request it shall provide Tenant with a reason for such denial. modifications), (iv) will not increase Taxes or Operating Costs unless Tenant agrees to reimburse Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for all such approvalincreases, and (yv) following will not require Landlord to perform any work to the Property (collectively, the “Approval Standards”). Notwithstanding the foregoing, Tenant need not obtain Landlord’s consent to perform work that meets the Approval Standards and which (a) does not require a building permit, and (b) costs not more than $150,000.00 with respect to any single project or series of related projects, provided Tenant shall give Landlord at least thirty (30) days prior notice thereof (which shall reasonably describe the work) and any such ten work shall be scheduled at a time reasonably acceptable to Landlord so as not to disturb other tenants or Building operations. All work to be performed to the Premises by Tenant shall (10i) business day periodbe performed in a good and workmanlike manner by contractors approved in advance by Landlord, such approval not to be unreasonably withheld, conditioned or delayed (provided that Landlord may require Tenant to use subcontractors designated by Landlord for any work affecting the electrical, mechanical, plumbing, HVAC, fire protection, life-safety or other base building systems or equipment provided the rates of such subcontractors are commercially reasonable) and in compliance with the provisions of Exhibit C and Exhibit G and all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws, (ii) be made at Tenant’s sole cost and expense and at such times and in such a manner as Landlord may from time to time reasonably designate, and (iii) be free of liens and encumbrances and become part of the Premises and the property of Landlord without being deemed additional rent for tax purposes, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section and Tenant agreeing that Tenant shall be treated as the owner of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval work for tax purposes until the expiration or earlier termination of the matters term hereof, subject to Landlord’s rights pursuant to Section 6.1.9 to require Tenant to remove such noticework at or prior to the expiration or earlier termination of the term of this Lease and, to the extent Landlord shall make such election, title thereto shall remain vested in Tenant at all times. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises Premises, Building and Property shall at all times be free of liens for labor and materialsliens, and and, at Landlord’s request request, Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any such work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Prior to the commencement of any such work, Tenant shall procure all necessary licenses cause its general contractor to execute and permits at Tenant’s sole expense before undertaking deliver an agreement in the form attached hereto as Exhibit D, and Tenant shall, throughout any such work. All such work shall , maintain, or cause to be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoningmaintained, buildingthe insurance required by Exhibit D. In addition, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing arising out of such work. Not Whenever and as often as any mechanic’s or materialmen’s lien shall have been filed against the Property based upon any act of Tenant or of anyone claiming through Tenant, Tenant shall within fifteen (15) days of notice from Landlord to grant Tenant take such action by bonding, deposit or payment as will remove or satisfy the lien. Tenant shall, upon request of Landlord (which may be made only if the cost of work, together with any related project, shall exceed $1,000,000.00), execute and deliver to Landlord a security interest inbxxx of sale covering any work Tenant shall be required to surrender hereunder. Without limiting the terms in this Section 6.2.5, upon Landlord’s obtaining knowledge of the commencement of any work in or to leasethe Premises, Landlord shall be permitted to post a timely Notice of Non-Responsibility at the Premises, which shall also be recorded in the office of the Recorder of the County in which the Property is located, all in accordance with the terms of Sections 8444 and 8060 of the California Civil Code. Upon the completion of any personal property work in or equipment being installed to the Premises, Tenant shall cause a timely Notice of Completion to be recorded in the office of the Recorder of the County in which the Property is located in accordance with the terms of Section 8182 of the California Civil Code, and Tenant shall deliver to Landlord a conformed copy of such Notice of Completion. Tenant shall not, at any time, directly or indirectly, employ or permit the employment of any contractor, mechanic or laborer in the Premises, includingif such employment will interfere or cause any conflict with other contractors, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord mechanics or laborers engaged in the form attached hereto as Exhibit Fconstruction, from maintenance or operation of the secured party Building by Landlord, Tenant or lessor (“Secured Party”) that stipulates in others. In the event either of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the LeaseBuilding immediately.

Appears in 1 contract

Samples: Lease (Prometheus Biosciences, Inc.)

Installation, Alterations or Additions. Not to Tenant shall not make any installations, alterations alterations, additions or additions improvements (collectively and individually referred to in this paragraph as “work”) in, to or on the Premises nor to permit the making of any holes in the wallswalls or partitions (except for small holes required to hang sings, partitionsmarker boards, shelving and customary office art), ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals Notwithstanding the foregoing, Tenant need not obtain Landlord’s consent to perform Cosmetic Alterations (defined below) if the same are not visible from the exterior or common areas of Landlord required hereunder the Building and any such work shall not be unreasonably withheld in scheduled at a time reasonably acceptable to Landlord. “Cosmetic Alterations” means changes to the case of non-structural interior alterations finishes within the Premises (e.g. changes to the floor and wall coverings and paint) that do not impair affect the structural integrity structure or systems of the Premises or Building, impact do not involve work above ceilings or within walls and do not require a building permit. All work to be performed to the Building systemsPremises by Tenant shall (i) be performed in a good and workmanlike manner by contractors approved in advance by Landlord and in compliance with the provisions of Exhibit C and all applicable zoning, or involve penetration of the roof or exterior walls. Landlord shall respond to building, fire, health and other codes, regulations, ordinances and laws, (ii) be made at Tenant’s request for approval within ten (10) business days of the same being made, sole cost and if expense and at such times and in such a manner as Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed may from time to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approvaltime designate, and (yiii) following such ten (10) business day periodbecome part of the Premises and the property of Landlord without being deemed additional rent for tax purposes, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section and Tenant agreeing that Tenant shall be treated as the owner for tax purposes until the expiration or earlier termination of the Leaseterm hereof, advising Landlord that failure subject to respond Landlord’s rights pursuant to such notice shall result in deemed approval Subsection 6.1.8 to require Tenant to remove the same at or prior to the expiration or earlier termination of the matters subject to such noticeterm hereof. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises Premises, Building and Property shall at all times be free of liens for labor and materials, and and, at Landlord’s request request, Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any such work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Prior to the commencement of any such work, and throughout and until completion thereof, Tenant shall procure maintain, or cause to be maintained, the insurance required by Exhibit D, all necessary licenses and permits at Tenant’s sole expense before undertaking with coverage limits as stated therein or such work. All such work higher limits as shall be done in a good reasonably required by Landlord. Whenever and workmanlike manner employing materials as often as any mechanic’s or materialmen’s lien shall have been filed against the Property based upon any act of good quality and so as to conform with all applicable zoningTenant or of anyone claiming through Tenant, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out within three (3) days of such work. Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit F, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of to Tenant take such action by bonding, deposit or payment as will remove or satisfy the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Leaselien.

Appears in 1 contract

Samples: Lease Agreement (Cerecor Inc.)

Installation, Alterations or Additions. Not to make any installations, alterations or additions in, to or on the Premises nor except in accordance with this subsection. Tenant shall have the right from time to permit time during the making Term to make, at its expense, alterations of any holes and additions to the building on the Premises and substitutions and replacements for such alterations and additions (collectively "Alterations"), subject in all cases to the walls, partitions, ceilings further provisions of this subsection. No Alteration shall be made without Landlord's prior consent if: the proposed Alteration would affect the exterior appearance of the building or floors nor the installation structural portions thereof; or modification the proposed Alteration would change the general character of any locks the building or security devices without on each occasion obtaining impair the prior written usefulness of the Premises or reduce the fair market value of the Premises below such value immediately before such Alteration or diminish the net rentable area of the building. Each Alteration which does not require Landlord's consent of Landlord, and then only pursuant to plans and specifications approved by this subsection is hereinafter called a "permitted alteration". However, prior to commencing a permitted alteration, Tenant shall notify Landlord in advance in writing of each instance. All approvals permitted alteration the cost of Landlord required hereunder which would exceed the higher of (a) $150,000 or (b) the product of $150,000 multiplied by a fraction the numerator of which shall not be unreasonably withheld in the case Consumer's Price Index for all Urban Consumers as published for the City of non-structural interior alterations that do not impair Boston by the structural integrity Bureau of Labor Statistics of the Building, impact U.S. Department of Labor (Base Year 1985 = 100) for the Building systems, or involve penetration most recent bi-monthly period ending next prior to the date of the roof Alteration proposal and the denominator of which shall be such Index as so published for the most recent bi-monthly period ending next prior to the Commencement Date, which notice shall fully describe the nature of such permitted alteration. If such Index is not then being published, the computation shall be made using that Index specified by such Bureau or exterior wallsits successor governmental agency as being most comparable thereto. In the event that the permitted alteration would require unusual expense to readapt the Premises to normal business office use upon termination of the Lease, Landlord shall have the option to require Tenant to remove such permitted alteration upon the termination of the Lease at Tenant's sole cost and expense and otherwise in accordance with this Lease. Landlord shall respond notify Tenant of its election to Tenant’s request for approval require Tenant to remove the permitted alteration and restore the Premises within ten (10) business days of Landlord's receipt of Tenant's notice. Except for permitted alterations: (1) each Alteration shall be made under the same being madesupervision of an architect or engineer selected by Tenant and approved by Landlord and Lender, and if shall be made in accordance with detailed plans and specifications prepared by such architect or engineer in accordance with Article III hereof; and (2) copies of the plans and specifications for each Alteration shall be delivered to Landlord denies such request it and Lender and shall provide Tenant with a reason for such denial. Landlord be subject to Landlord's and Lender's prior written approval which shall be deemed to have approved been given if neither Landlord nor Lender objects within fifteen (15) days of receipt of the plans and specifications. Copies of any request submitted by Tenantplans and specifications developed for use in Alterations, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such whether or not requiring Landlord's approval, and (y) following such ten (10) business day period, Landlord fails any information which Tenant is required to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such notice. Tenant shall pay promptly when due the entire cost of any work submit to the Premises undertaken by Tenant so that the Premises Town of Norwxxx Xxxlding Department with regard to Alterations, shall at all times be free of liens for labor and materials, and at Landlord’s request Tenant shall furnish sent to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the and Lender. All plans and specifications theretofore approved sent to Lender shall be clearly identified as relating to the Premises. All Alterations shall be made by Landlord Tenant with reasonable diligence and assuring that the Premises will remain free of dispatch in a first-class manner and with first-class materials and workmanship. Before any mechanics’ lien or other encumbrance arising out of such work. In any eventAlterations are begun, Tenant shall forthwith bond against procure, at its expense, all necessary licenses, permits and approvals. Upon Tenant's request, Landlord shall join in the Application for such licenses, permits, approvals and authorizations whenever such action is necessary but shall have no obligation to incur any out-of-pocket expense in connection therewith. Promptly after the completion of any Alteration, Tenant shall procure, at Tenant's expense, all such approvals by governmental authorities, if any, of the completed Alteration as may be required by any applicable law or discharge ordinance or any mechanics’ liens applicable rule or regulation of governmental authorities, and all such insurance organizations' approvals, if any, as may be required or customary in connection therewith, and promptly deliver photocopies thereof to Landlord. Nothing contained in this Lease shall constitute any consent or request by Landlord, express or implied, for the performance of any labor or services or the furnishing of any materials or other encumbrances that property in respect of the Premises or any part thereof, nor as giving Tenant any right power or authority to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Landlord or the Premises in respect thereof. All materials which are scrapped or removed in connection with the making of Alterations permitted by this subsection may arise out of such work. be dealt with by Tenant as its own property and Tenant shall procure be entitled to all necessary licenses and permits at Tenant’s sole expense before undertaking such work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit F, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Leasesalvage resulting therefrom.

Appears in 1 contract

Samples: Lease (Analog Devices Inc)

Installation, Alterations or Additions. Not to make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals Notwithstanding the foregoing, Tenant may, without the prior consent of Landlord required hereunder shall Landlord, (a) paint and carpet the Premises and (b) make such other nonstructural, interior installations or alterations not be unreasonably withheld exceeding $5,000.00 in cost in the case of non-structural interior alterations that aggregate during any lease year, providing the same do not reduce the value of the Property or impair the structural integrity of the BuildingBuilding or the systems, impact mechanical or otherwise, serving the Building systemssame, or involve penetration penetrations of the ceiling grid (or removal of the same), roof or exterior walls. Landlord shall respond to Tenant’s request for approval within ten (10) business days of the same being made, and if further provided that Tenant shall furnish Landlord denies with as built plans upon completion of such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approval, and (y) following such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such noticework. Tenant shall pay promptly when due the entire cost of any work to the Premises premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at Landlord’s request Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking such work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, Premises (including, without limitation, demountable partitions (the “Collateral”partitions) without first obtaining an agreement agreement, for the benefit of Landlord in the form attached hereto as Exhibit FLandlord, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party such property will remove the Collateral be removed within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, Lease and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Lease. Tenant shall have thirty (30) days from the date of this Lease to obtain the aforementioned agreement from any existing secured party or lessor.

Appears in 1 contract

Samples: Lease (Lemaitre Vascular Inc)

Installation, Alterations or Additions. Not to Tenant shall not make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor (except for artwork, office shelving, and the installation or modification of any locks or security devices like) without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals work to be performed to the Premises by Tenant shall (i) be performed in a good and workmanlike manner by contractors approved in advance by Landlord and in compliance with the provisions of EXHIBIT C and all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws, (ii) be made at Tenant's sole cost and expense and at such times and in such a manner as Landlord required hereunder shall not be unreasonably withheld in the case of non-structural interior alterations that do not impair the structural integrity of the Building, impact the Building systems, or involve penetration of the roof or exterior walls. Landlord shall respond may from time to Tenant’s request for approval within ten (10) business days of the same being made, and if Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approvaltime designate, and (yiii) following such ten (10) business day periodbecome part of the Premises and the property of Landlord without being deemed additional rent for tax purposes, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section and Tenant agreeing that Tenant shall be treated as the owner for tax purposes until the 213 expiration or earlier termination of the Leaseterm hereof, advising Landlord that failure subject to respond Landlord's rights pursuant to such notice shall result in deemed approval Section 6.1.9 to require Tenant to remove the same at or prior to the expiration or earlier termination of the matters subject to such noticeterm hereof. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises Premises, Building and Property shall at all times be free of liens for labor and materials, and and, at Landlord’s request 's request, Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any such work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics' lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Prior to the commencement of any such work, and throughout and until completion thereof, Tenant shall procure maintain, or cause to be maintained, the insurance required by EXHIBIT D, all necessary licenses and permits at Tenant’s sole expense before undertaking with coverage limits as stated therein or such work. All such work higher limits as shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoningreasonably required by Landlord. In addition, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless harmless, defend (using counsel reasonably satisfactory to Landlord), and indemnified indemnify Landlord from all injury, loss, claims or damage to any person or property occasioned by or growing arising out of such work. Not Whenever and as often as any mechanic's or materialmen's lien shall have been filed against the Property based upon any act of Tenant or of anyone claiming through Tenant, Tenant shall within three (3) days of notice from Landlord to grant a security interest inTenant take such action by bonding, deposit or to leasepayment as will remove or satisfy the lien. Tenant shall not, at any personal property time, directly or equipment being installed indirectly, employ or permit the employment of any contractor, mechanic or laborer in the Premises, includingif such employment will interfere or cause any conflict with other contractors, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord mechanics or laborers engaged in the form attached hereto as Exhibit Fconstruction, from maintenance or operation of the secured party Building by Landlord, Tenant or lessor (“Secured Party”) that stipulates in others. In the event either of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the LeaseBuilding immediately.

Appears in 1 contract

Samples: Lease Agreement (Sonesta International Hotels Corp)

Installation, Alterations or Additions. Not to make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals Tenant agrees to employ for any work one or more responsible contractors of Landlord required hereunder shall not be unreasonably withheld in the case of non-structural interior alterations that do not impair the structural integrity of the Building, impact the Building systems, or involve penetration of the roof or exterior walls. Landlord shall respond to Tenant’s request for approval within ten (10) business days of the same being made, and if Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such whom Lxxxxxxx has given prior approval, and (y) following whose labor will work without interference with other labor working on the Property, and to cause such ten (10) business day periodcontractors employed by Tenant to carry builder’s risk insurance as set forth in Section 4.2.4.4, worker’s compensation insurance in accordance with statutory requirements, Employers Liability Insurance at least equal to the limits set forth in Section 4.2.4.1, and commercial general liability insurance covering such contractors on or about the Premises in amounts at least equal to the limits set forth in Section 1.1. All contractors insurance shall name Landlord fails and its managing agent and any mortgagee as additional insureds on a primary and non- contributory basis, and indemnifying the parties so named against claims for death or injury to respond within an additional five (5) business days after receiving a second request containing a prominent reference persons or damage to property claimed to have occurred in bold print, the Premises or on the property. Tenant shall cause its contractors to submit certificates evidencing such coverage to Landlord prior to the commencement of any such work. Tenant shall cause all contractors performing work on behalf of Tenant in or about the Premises and Building to comply with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such noticeConstruction Rules and Regulations attached hereto as Exhibit E-1. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at LandlordLxxxxxxx’s request Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith within ten (10) days of notice of the existence of any lien, bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. If Tenant shall fail to cause any such lien to be discharged within such 10 day period, then in addition to any other available right or remedy, Landlord may discharge the same, either by paying the amount claimed to be due, or by bonding or otherwise. Any amount so paid, and all costs and expenses so incurred by Landlord in connection therewith, shall constitute Additional Rent hereunder. Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking such work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work, and any liability, loss, cost, damage and expense of every kind and nature incurred by reason of, or arising out of any and all mechanic’s and other liens filed in connection with any alterations or improvements. Tenant may, at the time Tenant submits a request for Landlord’s approval for any installations, alterations, additions or other leasehold improvements (including any Tenant’s Work pursuant to Section 3.1 above), request in a separate written notice delivered to Landlord and specifically referring to this Section 6.2.5 that Landlord specify whether Tenant will be required to remove any of the installations, alterations, additions or other leasehold improvements shown on such plans or described in such request as a Required Removables at the expiration or earlier termination of the Term of this Lease and restore the Premises to its condition prior to the installation thereof. If Txxxxx makes such request to Landlord, Lxxxxxxx agrees to notify Tenant within ten (10) business days after receipt of such request if any of the installations, alterations or additions shown on the plans or described in such request must be removed at the end of the Term. If Tenant fails to request that Landlord specify whether any installations, alterations, additions or other leasehold improvements will have to be removed, Landlord may notify Tenant at any time prior to the expiration of the Term, of Landlord’s determination that any such installations, alterations, additions or other leasehold improvements must be removed and Tenant shall so remove such installations, alterations, additions or other leasehold improvements at the expiration or earlier termination of this Lease and repair any damage caused by the installation or removal thereof. Notwithstanding the foregoing, Tenant, without the prior consent of Landlord, may make nonstructural, interior alterations or installations at a cost not to exceed $75,000.00 cumulatively in any 12-month period, only if such alterations or installations (a) are non-structural, (b) do not impact the Building systems, (c) do not involve penetration of the roof, floors and/or exterior walls, (d) do not require a building permit, (e) do not involve alterations or installations that are visible from outside of the Premises, (f) do not adversely affect the value of the Building, and (g) do not adversely affect the safety of adjacent tenants (with such an alteration meeting such criteria hereinafter referred to as a “Permitted Alteration”). Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit FG, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Lease.

Appears in 1 contract

Samples: Office Lease (Myomo, Inc.)

Installation, Alterations or Additions. Not to make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes (other than by small nails and screws for hanging pictures and the like) in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder shall not be unreasonably withheld instance (which consent, in the case of non-structural nonstructural, interior installations or alterations that do not impair the structural integrity of the Building, impact the Building systems, reduce its value or involve penetration penetrations of the roof or exterior walls. Landlord , shall respond to Tenant’s request for approval within ten (10) business days of not be unreasonably withheld if the same being madework is $10,000 or more in cost, and shall not be required if the work is less than $10,000 in cost, provided that in each instance Tenant shall furnish Landlord denies with as-built plans upon completion of such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approval, and (y) following such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such notice. work); Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at Landlord’s 's request Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics' lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics' liens or other encumbrances that may arise out of such work. Tenant shall procure all necessary licenses and permits at Tenant’s 's sole expense before undertaking such work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit F, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Lease.

Appears in 1 contract

Samples: Lease (Entex Information Services Inc)

Installation, Alterations or Additions. (A) Not to make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the wallswalls (except in the case of hanging artwork, monitors, screens or any other items provided that any of such items are of a size and weight customarily found in a typical office setting), partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals Notwithstanding the foregoing, Tenant, upon no less than ten (10) days prior notice to Landlord but without the prior consent of Landlord required hereunder shall not be unreasonably withheld in the case of non-structural Landlord, may make cosmetic nonstructural, interior alterations that or installations at a cost not to [***] per alteration/installation project in any 12-month period, only if such alterations or installations do not impair adversely affect the structural integrity of the Building, impact the Building systems, or involve penetration of the roof or exterior walls, or require a building permit. Landlord In no event shall respond Landlord’s approval of any plans, including plans for any initial tenant improvements in accordance with Article 3, be construed as a waiver of Landlord’s right, pursuant to Tenant’s request for approval within ten (10) business days Section 6.1.9 above, to require removal of any Non-Standard Improvements at end of the same being made, and if Landlord denies such request it shall provide Term. Tenant with a reason agrees to employ for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such work one or more responsible contractors of whom Xxxxxxxx has given prior approval, and (y) following whose labor will work without interference with other labor working on the Property, and to cause such ten (10) business day periodcontractors employed by Tenant to carry builder’s risk insurance as set forth in Section 4.2.4.1, worker’s compensation insurance in accordance with statutory requirements, Employers Liability Insurance at least equal to the limits set forth in Section 4.2.4.1, and commercial general liability insurance covering such contractors on or about the Premises in amounts at least equal to the limits set forth in Section 1.1. All contractors insurance shall name Landlord fails and its managing agent and any mortgagee as additional insureds on a primary and non-contributory basis, and indemnifying the parties so named against claims for death or injury to respond within an additional five (5) business days after receiving a second request containing a prominent reference persons or damage to property claimed to have occurred in bold print, the Premises or on the property. Tenant shall cause its contractors to submit certificates evidencing such coverage to Landlord prior to the commencement of any such work. Tenant shall cause all contractors performing work on behalf of Tenant in or about the Premises and Building to comply with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such noticeConstruction Rules and Regulations attached hereto as Exhibit F-1. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at Landlord’s request Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith within ten (10) days of notice from Landlord bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. If Tenant shall fail to cause any such lien to be discharged within such 10 day period, then in addition to any other available right or remedy, Landlord may discharge the same, either by paying the amount claimed to be due, or by bonding or otherwise. Any amount so paid, and all costs and expenses so incurred by Landlord in connection therewith, shall constitute Additional Rent hereunder. Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking such work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. , and any liability, loss, cost, damage and expense of every kind and nature incurred by reason of, or arising out of any and all xxxxxxxx’s and other liens filed in connection with any alterations or improvements. (B) Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit FG, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Lease.

Appears in 1 contract

Samples: Office Lease (Lantheus Holdings, Inc.)

Installation, Alterations or Additions. Not to Except as otherwise provided herein, Tenant shall not make any installations, alterations alterations, additions or additions improvements (collectively and individually referred to in this paragraph as “work”) in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, . Landlord shall not impose a review or supervisory fee in connection with any work and then only pursuant Tenant may select its own architects and engineers to prepare any plans and or specifications approved by Landlord in advance in each instancefor any work. All approvals of Landlord required hereunder Landlord’s approval shall not be unreasonably withheld in the case of non-structural interior alterations that withheld, conditioned or delayed with respect to alterations, additions or improvements which (a) do not impair affect the structural integrity elements, plumbing, heating, ventilating, air- conditioning, mechanical, electrical or life-safety systems of the Building, impact (b) are not visible from outside of the Building systemsand (c) shall not materially increase Taxes or Operating Costs nor require Landlord to perform any work upon the Premises. In all cases where Landlord’s consent is required, or involve penetration of the roof or exterior walls. Landlord shall respond to provide Tenant with written consent (or non-consent stating the reasons for such non-consent) within twenty (20) Business Days after Tenant’s written request for approval within such consent. Further, Landlord agrees to execute permit forms and otherwise assist in the obtaining of such permits to the extent required by any applicable governmental authority. Notwithstanding the first sentence hereof, Tenant may, without Landlord’s consent and without prior notice to Landlord install readily removable signs, bulletin boards, customary office art, business equipment, business fixtures and work stations in the Premises and may, provided it shall give Landlord not less than ten (10) business days Business Days prior notice but without the need for Landlord’s consent, install floor and wall covering and paint interior areas of the same being madeBuilding or any alterations, additions and if improvements which cost less than $50,000.00 in the aggregate provided that such alterations, additions or improvements (a) do not affect the structural elements, plumbing, heating, ventilating, air-conditioning, mechanical, electrical or life-safety systems of the Building, (b) are not visible from outside of the Building and (c) shall not materially increase Taxes or Operating Costs nor require Landlord denies to perform any work upon the Premises. All work to be performed to the Premises by Tenant shall (i) be performed in a good and workmanlike manner by contractors approved in advance by Landlord (such request it shall provide Tenant approval not to be unreasonably withheld, conditioned or delayed) and in compliance with a reason for such denial. Landlord shall all Laws, (ii) be deemed to have approved any request submitted by made at Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approval’s sole cost and expense, and (yiii) following such ten (10) business day periodbe free of liens and encumbrances and become part of the Premises and the property of Landlord without being deemed additional rent for tax purposes, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section and Tenant agreeing that Tenant shall be treated as the owner of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval work for tax purposes until the expiration or earlier termination of the matters term hereof, subject to Landlord’s rights pursuant to Subsection 6.1.7 (if applicable) to require Tenant to remove the same at or prior to the expiration or earlier termination of the term hereof and, to the extent Landlord shall make such noticeelection, title thereto shall remain vested in Tenant at all times. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materialsliens. Prior to the commencement of any such work, and at Landlord’s request Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans throughout and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any eventuntil completion thereof, Tenant shall forthwith bond maintain, or cause to be maintained, such insurance as shall be reasonably required by Landlord. Whenever and as often as any mechanic’s or materialmen’s lien shall have been filed against the Property based upon any act of Tenant or discharge any mechanics’ liens or other encumbrances that may arise out of such work. anyone claiming through Tenant, Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking such work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit F, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after Business Days of notice from Landlord to Tenant take such action by bonding, deposit or payment as will remove or satisfy the lien. Tenant shall, upon request of the expiration or earlier termination Landlord, execute and deliver to Landlord a xxxx of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right sale covering any work Tenant shall be required to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Leasesurrender hereunder.

Appears in 1 contract

Samples: Lease Agreement (Five Star Quality Care Inc)

Installation, Alterations or Additions. Not With the exception of strictly cosmetic or decorative changes, not to make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder shall not be unreasonably withheld in the case of non-structural interior alterations that do not impair the structural integrity of the Building, impact the Building systems, or involve penetration of the roof or exterior walls. Landlord shall respond to Tenant’s request for approval within ten (10) business days of the same being made, and if Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approval, and (y) following such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such notice. ; Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at Landlord’s request Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking such work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, Premises (including, without limitation, demountable partitions (the “Collateral”partitions) without first obtaining an agreement agreement, for the benefit of Landlord in the form attached hereto as Exhibit FLandlord, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party such property will remove the Collateral be removed within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, Lease and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Lease.

Appears in 1 contract

Samples: Lease Agreement (Infraredx Inc)

Installation, Alterations or Additions. Not to make any -------------------------------------- installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of LandlordLandlord (which consent shall not be required for any painting or carpeting performed by or on behalf of Tenant, and which consent shall not be unreasonably withheld with respect to nonstructural alterations that do not affect the structural integrity of the Building, reduce its value or involve penetrations of the roof or structural walls and which consent shall not be required for nonstructural alterations costing less than $25,000.00 in each instance), and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder shall not be unreasonably withheld in the case of non-structural interior alterations that do not impair the structural integrity of the Building, impact the Building systems, or involve penetration of the roof or exterior walls. Landlord shall respond to Tenant’s request for approval within ten (10) business days of the same being made, and if Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approval, and (y) following such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such notice. ; Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at Landlord’s 's request Tenant shall furnish to Landlord a bond or other security reasonably acceptable to Landlord assuring that any work commenced by Tenant in excess of $25,000.00 in any one instance (exclusive of painting or carpeting) will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics' lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics' liens or other encumbrances that may arise out of such work. Tenant shall procure all necessary licenses and permits at Tenant’s 's sole expense before undertaking such work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing arising out of such work. Not to grant a security interest in, or to lease, Without waiver of any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit F, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of this subsection 6.1.9 6.2.5 as it relates to the performance of the Lease.work in connection with such installation and with subsection 6.1.5 deemed to be applicable to such installation, Landlord hereby consents to Tenant installing one satellite dish antenna (no larger than 1.5 meters in diameter) on the roof of the Building at a technologically sufficient location thereon specified by Landlord (called the "Antenna Area"), provided that such installation meets Landlord's reasonable design criteria (including visual shielding such that it cannot be seen by the public) and does not void any roof bonds or affect the integrity of the roof (and therefore shall include appropriate pavers

Appears in 1 contract

Samples: Lease (Software Com Inc)

Installation, Alterations or Additions. Not to Tenant shall not make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder Landlord’s approval shall not be unreasonably withheld or delayed with respect to alterations, additions or improvements which equal or exceed Building standards in the case of non-structural interior alterations that quality and do not impair adversely affect the structural integrity plumbing, heating, ventilating, air-conditioning, mechanical or electrical systems of the Building, impact do not adversely affect the structural elements of the Building, are not visible from outside of the Premises and shall not materially increase Taxes or Operating Costs nor require Landlord to perform any work to the Property. Tenant need not obtain Landlord’s consent to install readily removable signs, pictures, bulletin boards, floor and wall covering, work stations and shelves within the Premises provided Tenant shall give Landlord prior notice thereof and the same are not visible from common areas of the Building systemsor Property. All work to be performed to the Premises by Tenant shall (i) be performed in a good and workmanlike manner by contractors approved in advance by Landlord and in compliance with the provisions of Exhibit C and all applicable zoning, or involve penetration of the roof or exterior walls. Landlord shall respond to building, fire, health and other codes, regulations, ordinances and laws, (ii) be made at Tenant’s request for approval within ten (10) business days of the same being made, sole cost and if expense and at such times and in such a manner as Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed may from time to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approvaltime designate, and (yiii) following such ten (10) business day periodbecome part of the Premises and the property of Landlord without being deemed additional rent for tax purposes, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section and Tenant agreeing that Tenant shall be treated as the owner for tax purposes until the expiration or earlier termination of the Leaseterm hereof, advising Landlord that failure subject to respond Landlord’s rights pursuant to such notice shall result in deemed approval Section 6.1.9 to require Tenant to remove the same at or prior to the expiration or earlier termination of the matters subject term hereof. Except with respect to such notice. Landlord’s Contribution, Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises Premises, Building and Property shall at all times be free of liens for labor and materials, and and, at Landlord’s request request, Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any such work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Prior to the commencement of any such work, and throughout and until completion thereof, Tenant shall procure maintain, or cause to be maintained, the insurance required by Exhibit D, all necessary licenses and permits at Tenant’s sole expense before undertaking with coverage limits as stated therein or such work. All such work higher limits as shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoningreasonably required by Landlord. In addition, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing arising out of such work. Not Whenever and as often as any mechanic’s or materialmen’s lien shall have been filed against the Property based upon any act of Tenant or of anyone claiming through Tenant, Tenant shall within three (3) days of notice from Landlord to grant a security interest inTenant take such action by bonding, deposit or to leasepayment as will remove or satisfy the lien. Tenant shall not, at any personal property time, directly or equipment being installed indirectly, employ or permit the employment of any contractor, mechanic or laborer in the Premises, includingif such employment will interfere or cause any conflict with other contractors, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord mechanics or laborers engaged in the form attached hereto as Exhibit Fconstruction, from maintenance or operation of the secured party Building by Landlord, Tenant or lessor (“Secured Party”) that stipulates in others. In the event either of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the LeaseBuilding immediately.

Appears in 1 contract

Samples: Lease (Cuisine Solutions Inc)

Installation, Alterations or Additions. Not to make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder shall not be unreasonably withheld in the case of non-structural interior alterations that do not impair the structural integrity of the Building, impact the Building systems, or involve penetration of the roof or exterior walls. Landlord shall respond to Tenant’s request for approval within ten (10) business days of the same being made, and if Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approval, and (y) following such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such notice. ; Tenant shall pay promptly when due the entire cost of any work to the Premises premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at Landlord’s 's request Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics' lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics' liens or other encumbrances that may arise out of such work. Tenant shall procure all necessary licenses and permits at Tenant’s 's sole expense before undertaking such work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit Without waiver of Landlord in the form attached hereto as Exhibit F, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of this subsection 6.1.9 6.2.5, Tenant shall be permitted to install one (1) conduit in areas of the LeaseBuilding and the Property, designated by Landlord, to facilitate a fiber optic connection with the adjacent building owned by Landlord's affiliate and in which is located the leased premises of Tenant's affiliate. In the event that such conduit is installed underground, Tenant shall repair any damage to the Property and shall restore the Property to the same condition as existed prior to said installation, including restoring any shrubbery that may have been moved during the installation of said conduit.

Appears in 1 contract

Samples: Lease (Ibasis Inc)

Installation, Alterations or Additions. Not to Tenant shall not make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of work to be performed to the Premises by Tenant shall (i) be performed in a good and workmanlike manner by contractors approved in advance by Landlord required hereunder shall not and in compliance with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws, (ii) be unreasonably withheld in the case of non-structural interior alterations that do not impair the structural integrity of the Building, impact the Building systems, or involve penetration of the roof or exterior walls. Landlord shall respond to made at Tenant’s request for approval within ten (10) business days of the same being made, sole cost and if expense and at such times and in such a manner as Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed may from time to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approvaltime designate, and (yiii) following such ten (10) business day periodbecome part of the Premises and the property of Landlord without being deemed additional rent for tax purposes, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section and Tenant agreeing that Tenant shall be treated as the owner for tax purposes until the expiration or earlier termination of the Leaseterm hereof, advising Landlord that failure subject to respond Landlord’s rights pursuant to such notice shall result in deemed approval Section 6.1.8 to require Tenant to remove the same at or prior to the expiration or earlier termination of the matters subject to such noticeterm hereof. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises Premises, Building and Property shall at all times be free of liens for labor and materials, and and, at Landlord’s request request, Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any such work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Prior to the commencement of any such work, and throughout and until completion thereof, Tenant shall procure all necessary licenses maintain, or cause to be maintained, such insurance with coverage limits as shall be reasonably required by Landlord. Whenever and permits as often as any mechanic’s or materialmen’s lien shall have been filed against the Property based upon any act of Tenant or of anyone claiming through Tenant, Tenant shall within three (3) days of notice from Landlord to Tenant take such action by bonding, deposit or payment as will remove or satisfy the lien. In the event that Landlord or any of its agents, employees or contractors manage any installations, alterations or additions in, to or on the Premises at Tenant’s sole expense before undertaking request, Tenant shall pay to Landlord, promptly upon the completion of such work. All such work shall be done , an administrative fee (the “Administrative Fee”) in a good and workmanlike manner employing materials an amount equal to ten percent (10%) of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out the entire cost of such work. Not Notwithstanding the foregoing, Tenant shall not be required to grant a security interest in, or pay the Administrative Fee for merely seeking Landlord’s consent to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit F, from the secured such work although Tenant shall pay any third party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations expenses related to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of TenantLandlord’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Leaseconsent.

Appears in 1 contract

Samples: Lease Agreement (Stellar Acquisition III Inc.)

Installation, Alterations or Additions. Not to Tenant shall not make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals work to be performed to the Premises by Tenant shall (i) be performed in a good and workmanlike manner by contractors approved in advance by Landlord and in compliance with the provisions of Exhibit C and all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws, (ii) be made at Tenant's sole cost and expense and at such times and in such a manner as Landlord may from time to time designate, and (iii) become part of the Premises and the property of Landlord required hereunder without being deemed additional rent for tax purposes, Landlord and Tenant agreeing that Tenant shall not be unreasonably withheld in treated as the case of non-structural interior alterations that do not impair owner for tax purposes until the structural integrity expiration or earlier termination of the Buildingterm hereof, impact subject to Landlord's rights pursuant to Section 6.1.7 to require Tenant to remove the Building systems, same at or involve penetration prior to the expiration or earlier termination of the roof or exterior walls. Landlord shall respond term hereof, and, subject to Tenant’s request for approval within ten (10) business days of the same being made's right to remove any trade fixtures, equipment or other personal property installed and if Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted owned by Tenant, if provided that Tenant repairs any damage to the Premises caused by such removal (x) Landlord fails to respond within ten (10) business days after receiving a request for such approval, excluding minor nail or screw holes and (y) following such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such noticereasonable wear and tear). Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises Premises, Building and Property shall at all times be free of liens for labor and materials, and and, at Landlord’s request 's request, Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any such work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics' lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Prior to the commencement of any such work, and throughout and until completion thereof, Tenant shall procure maintain, or cause to be maintained, the insurance required by Exhibit D, all necessary licenses and permits at Tenant’s sole expense before undertaking with coverage limits as stated therein or such work. All such work higher limits as shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoningreasonably required by Landlord. In addition, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing arising out of such work. Not Whenever and as often as any mechanic's or materialmen's lien shall have been filed against the Property based upon any act of Tenant or of anyone claiming through Tenant, Tenant shall within seven (7) days of notice from Landlord to grant a security interest Tenant take such action by bonding, deposit or payment as will remove or satisfy the lien. In the event that Landlord or any of its agents, employees or contractors manage any installations, alterations or additions in, to or on the Premises at Tenant's request (other than Landlord's Work, if any, in connection with the initial preparation of the Premises for Tenant's occupancy), Tenant shall pay to leaseLandlord, promptly upon the completion of such work, an administrative fee (the "ADMINISTRATIVE FEE") in an amount equal to ten percent (10%) of the entire cost of such work. Notwithstanding the foregoing, Tenant shall not be required to pay the Administrative Fee for merely seeking Landlord's consent to any personal property such work although Tenant shall pay any third party expenses related to Landlord's consent. Tenant shall not, at any time, directly or equipment being installed indirectly, employ or permit the employment of any contractor, mechanic or laborer in the Premises, includingif such employment will interfere or cause any conflict with other contractors, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord mechanics or laborers engaged in the form attached hereto as Exhibit Fconstruction, from maintenance or operation of the secured party Building by Landlord, Tenant or lessor (“Secured Party”) that stipulates in others. In the event either of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the LeaseBuilding immediately.

Appears in 1 contract

Samples: Lease (Perficient Inc)

Installation, Alterations or Additions. Not to Tenant shall not make any installations, alterations alterations, additions or additions improvements (collectively and individually referred to in this paragraph as “work”) in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder Landlord’s approval shall not be unreasonably withheld in the case of non-structural interior alterations that or delayed with respect to alterations, additions or improvements which do not impair affect the structural integrity elements of the Building, impact equal or exceed Building standards in quality and do not adversely affect or require any modifications to the base building plumbing, heating, ventilating, air-conditioning, mechanical, electrical or life-safety systems, are not visible from outside of the Building systemsand shall not increase Taxes or Operating Costs nor require Landlord to perform any work to the Premises. Notwithstanding the foregoing, or involve penetration of the roof or exterior walls. Landlord shall respond to TenantTenant may, without Landlord’s request for approval within ten (10) business days of the same being made, and if Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approval, and (y) following such ten (10) business day period, Landlord fails to respond within an additional prior consent but upon not less than five (5) business days after receiving a second request containing a prominent reference in bold print, Business Days’ notice (which shall reasonably describe the work) to Landlord perform any non-structural work within the Building provided such work costs (together with reference to this particular section any related work) not more than $25,000 and does not modify or affect the operation of the Leasebase building plumbing, advising heating, ventilating, air-conditioning, mechanical, electrical or life-safety systems. All work to be performed to the Premises by Tenant shall (i) be performed in a good and workmanlike manner by contractors approved in advance by Landlord that failure and in compliance with the provisions of Exhibit C and all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws, (ii) be made at Tenant’s sole cost and expense and at such times and in such a manner as Landlord may from time to respond to such notice shall result in deemed approval time designate, and (iii) be free of liens and encumbrances and become part of the matters Premises and the property of Landlord without being deemed additional rent for tax purposes, Landlord and Tenant agreeing that Tenant shall be treated as the owner of the work for tax purposes until the expiration or earlier termination of the term hereof, subject to Landlord’s rights pursuant to Section 6.1.9 to require Tenant to remove the same at or prior to the expiration or earlier termination of the term hereof and, to the extent Landlord shall make such noticeelection, title thereto shall remain vested in Tenant at all times. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises Premises, shall at all times be free of liens for labor and materialsliens, and and, at Landlord’s request request, Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any such work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Prior to the commencement of any such work, and throughout and until completion thereof, Tenant shall procure maintain, or cause to be maintained, the insurance required by Exhibit D, all necessary licenses and permits at Tenant’s sole expense before undertaking with coverage limits as stated therein or such work. All such work higher limits as shall be done in a good and workmanlike manner employing materials of good quality and so as reasonably required by Landlord provided that any such higher limits shall be consistent with the insurance required to conform with all applicable zoningbe provided by tenants or their contractors undertaking similar work at Comparable Premises. In addition, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing arising out of such work. Not to grant a security interest inWhenever and as often as any mechanic’s or materialmen’s lien shall have been filed against the Premises based upon any act of Tenant or of anyone claiming through Tenant, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions Tenant shall within five (the “Collateral”5) without first obtaining an agreement for the benefit Business Days of Landlord in the form attached hereto as Exhibit F, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord to Tenant take such action by bonding, deposit or payment as will remove or satisfy the lien. Tenant shall, upon request of the expiration or earlier termination Landlord, execute and deliver to Landlord a xxxx of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right sale covering any work Tenant shall be required to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Leasesurrender hereunder.

Appears in 1 contract

Samples: Lease (Mimedx Group, Inc.)

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Installation, Alterations or Additions. Not to Tenant shall not make any installations, alterations alterations, additions or additions improvements (collectively and individually referred to in this paragraph as “work”) in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, in its reasonable discretion, provided, however, that the consent of Landlord with respect to any structural work shall be granted or withheld in Landlord’s sole discretion, and then only pursuant to plans and specifications design documentation approved by Landlord in advance in each instance. instance in accordance with Exhibit D. All approvals work to be performed to the Premises by Tenant shall (i) be performed in a good and workmanlike manner by contractors approved in advance by Landlord and in compliance with the provisions of Exhibit D and all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws, (ii) be made at Tenant’s sole cost and expense and at such times and in such a manner as Landlord may from time to time designate, and (iii) be free of liens and encumbrances and become part of the Premises and the property of Landlord required hereunder without being deemed additional rent for tax purposes, Landlord and Tenant agreeing that Tenant shall not be unreasonably withheld in treated as the case of non-structural interior alterations that do not impair the structural integrity owner of the Building, impact work for tax purposes until the Building systems, expiration or involve penetration earlier termination of the roof Term hereof, subject to Landlord’s rights pursuant to Subsection 6.1.9 to require Tenant to remove the same at or exterior wallsprior to the expiration or earlier termination of the Term hereof and, to the extent Landlord shall make such election, title thereto shall remain vested in Tenant at all times. Landlord shall respond to exercise such election (if at all) at the time Landlord approves Tenant’s request plans and specifications for approval within ten (10) business days of any work if Tenant requests that Landlord do so at the same being made, and if Landlord denies such request it shall provide time that Tenant with a reason requests Landlord’s consent for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request plans and specifications for such approval, and (y) following such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such noticework. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises Premises, Building and Property shall at all times be free of liens for labor and materialsliens, and and, at Landlord’s request request, Tenant shall furnish to Landlord a bond or other security reasonably acceptable to Landlord assuring that any such work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Prior to the commencement of any such work, and throughout and until completion thereof, Tenant shall procure maintain, or cause to be maintained, the insurance required by Exhibit E, all necessary licenses and permits at Tenant’s sole expense before undertaking with coverage limits as stated therein or such work. All such work higher limits as shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoningreasonably required by Landlord. In addition, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing arising out of such workwork except to the extent that such injury, loss, claims or damage arise from the gross negligence or willful misconduct of Landlord or Landlord’s employees or agents. Not Whenever and as often as any mechanic’s or materialmen’s lien shall have been filed against the Property based upon any act of Tenant or of anyone claiming through Tenant, Tenant shall within three (3) business days of notice from Landlord to grant Tenant take such action by bonding, deposit or payment as will remove or satisfy the lien. Tenant shall, upon request of Landlord, execute and deliver to Landlord a security interest inxxxx of sale covering any work Tenant shall be required to surrender hereunder. Tenant shall not, at any time, directly or to leaseindirectly, employ or permit the employment of any personal property contractor, mechanic or equipment being installed laborer in the Premises, includingif such employment will interfere or cause any conflict with other contractors, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord mechanics or laborers engaged in the form attached hereto as Exhibit Fconstruction, from maintenance or operation of the secured party Building by Landlord, Tenant or lessor (“Secured Party”) that stipulates in others. In the event either of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the LeaseBuilding immediately.

Appears in 1 contract

Samples: Lease (Liquid Holdings Group, Inc.)

Installation, Alterations or Additions. Not to Tenant shall not make any installations, alterations alterations, additions or additions improvements (collectively and individually referred to in this Section 6.2.5 as “work”) in, to or on the Premises nor to permit the making of any holes in the wallswalls or partitions (except to hang pictures, partitionsshelves, marker boards and customary office art), ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder Landlord’s approval shall not be unreasonably withheld in the case of non-structural interior alterations that or delayed with respect to alterations, additions or improvements which do not impair affect the structural integrity elements of the Building, impact equal or exceed Building standards in quality and do not affect the Building systemsplumbing, heating, ventilating, air-conditioning, mechanical, electrical or involve penetration life-safety systems of the roof Building, are not visible from outside of the Premises and shall not increase Taxes or exterior wallsOperating Costs nor require Landlord to perform any work to the Property; and Tenant need not obtain Landlord’s consent to change the finishes within the Premises provided Tenant shall give Landlord prior notice thereof and any such work shall be scheduled at a time reasonably acceptable to Landlord. All work to be performed to the Premises by Tenant shall (i) be performed in a good and workmanlike manner by contractors approved in advance by Landlord shall respond to and in compliance with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws, (ii) be made at Tenant’s request for approval within ten (10) business days of the same being made, sole cost and if expense and at such times and in such a manner as Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed may from time to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approvaltime designate, and (yiii) following such ten (10) business day periodbe free of liens and encumbrances and become part of the Premises and the property of Landlord without being deemed additional rent for tax purposes, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section and Tenant agreeing that Tenant shall be treated as the owner of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval work for tax purposes until the expiration or earlier termination of the matters term hereof, subject to Landlord’s rights pursuant to Section 6.1.9 to require Tenant to remove the same at or prior to the expiration or earlier termination of the term hereof and, to the extent Landlord shall make such noticeelection, title thereto shall remain vested in Tenant at all times. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises Premises, Building and Property shall at all times be free of liens for labor and materials‘liens, and and, at Landlord’s request request, Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any such work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking Prior to the commencement of any such work. All , and throughout and until completion thereof, Tenant and/or its contractors shall maintain, or cause to be maintained, such work insurance as shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoningreasonably required by Landlord. In addition, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing arising out of such work. Not Whenever and as often as any mechanic’s or materialmen’s lien shall have been filed against the Property based upon any act of Tenant or of anyone claiming through Tenant, Tenant shall within three (3) days of notice from Landlord to grant Tenant take such action by bonding, deposit or payment as will remove or satisfy the lien. Tenant shall, upon request of Landlord, execute and deliver to Landlord a security interest inxxxx of sale covering any work Tenant shall be required to surrender hereunder. Tenant’s contracts and purchase orders for work in the Premises shall require that each contractor comply with the provisions of this Section 6.2.5, the Rules and Regulations and all other provisions of this Lease applicable to the activities of the contractor anywhere on the Property. If Tenant or any of its contractors or subcontractors shall fail or refuse to leasecomply with any such obligations, then upon notice to Tenant, Landlord may require Tenant to cease performance of the work immediately until Tenant makes arrangements satisfactory to Landlord to achieve compliance. Tenant shall not, at any personal property time, directly or equipment being installed indirectly, employ or permit the employment of any contractor, mechanic or laborer in the Premises, includingif such employment will interfere or cause any conflict with other contractors, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord mechanics or laborers engaged in the form attached hereto as Exhibit Fconstruction, from maintenance or operation of the secured party Building by Landlord, Tenant or lessor (“Secured Party”) that stipulates in others. In the event either of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the LeaseBuilding immediately.

Appears in 1 contract

Samples: Lease Agreement (Leap Therapeutics, Inc.)

Installation, Alterations or Additions. Not to make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals Notwithstanding the foregoing, Tenant may, without the prior consent of Landlord required hereunder shall Landlord, (a) paint and carpet the Premises and (b) make such other nonstructural, interior installations or alterations not be unreasonably withheld exceeding $5,000.00 in cost in the case of non-structural interior alterations that aggregate during any calendar year, providing the same do not reduce the value of the Property or impair the structural integrity of the BuildingBuilding or the systems, impact mechanical or otherwise, serving the Building systemssame, or involve penetration penetrations of the ceiling grid (or removal of the same), roof or exterior walls. Landlord shall respond to Tenant’s request for approval within ten (10) business days of the same being made, and if further provided that Tenant shall furnish Landlord denies with as built plans upon completion of such request it work. Tenant agrees to employ for any work one or more responsible contractors of whom Landlord has given prior approval, which approval shall provide not be unreasonably withheld or delayed, and whose labor will work without interference with other labor working on the Property, and to cause such contractors employed by Tenant to carry worker’s compensation insurance in accordance with statutory requirements, Employers Liability Insurance at least equal to the limits set forth in Section 4.2.4.1, and commercial general liability insurance covering such contractors on or about the Premises in amounts at least equal to the limits set forth in Section 1. 1. All contractors insurance shall name Landlord and the Landlord Related Parties and any Mortgagee as additional insureds on a reason primary and non-contributory basis, and indemnifying the parties so named against claims for such denial. Landlord shall be deemed death or injury to persons or damage to property claimed to have approved occurred in the Premises or on the Property and shall extend to completed operations coverage. Tenant shall cause its contractors to submit certificates evidencing such coverage to Landlord prior to the commencement of any request submitted by Tenant, if (x) Landlord fails such work. Tenant shall cause all contractors performing work on behalf of Tenant in or about the Premises and Building to respond within ten (10) business days after receiving a request for such approval, comply with the Construction Rules and (y) following such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such noticeRegulations attached hereto as Exhibit E-1. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at Landlord’s request Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith within ten (10) days of notice from Landlord bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. If Tenant shall fail to cause any such lien to be discharged within such ten (10) day period, then in addition to any other available right or remedy, Landlord may discharge the same, either by paying the amount claimed to be due, or by bonding or otherwise. Any amount so paid, and all costs and expenses so incurred by Landlord in connection therewith, shall constitute Additional Rent hereunder. Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking such work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work, and any liability, loss, cost, damage and expense of every kind and nature incurred by reason of, or arising out of any and all mechanic’s and other liens filed in connection with any alterations or improvements. Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit F, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Lease.

Appears in 1 contract

Samples: Office Lease (Lemaitre Vascular Inc)

Installation, Alterations or Additions. Not to make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder shall not be unreasonably withheld or delayed in the case of non-structural interior alterations that do not impair the structural integrity of the Building, impact the Building systems, or involve penetration of the roof or exterior walls. Landlord shall respond to Tenant’s request for approval within ten (10) business days of the same being made, and if Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approval, and (y) following such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such notice. Tenant shall pay promptly when due the entire cost of any work to the Premises premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at Landlord’s request Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall shall, at Tenant’s election, forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking such work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, Premises (including, without limitation, demountable partitions (the “Collateral”partitions) without first obtaining an agreement for the benefit of Landlord an agreement, in the form attached hereto as Exhibit FH in all material respects, wherein Landlord waives any lien rights to such items, from the secured party or lessor that such property will be removed within fifteen (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (1015) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, Lease and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Lease.

Appears in 1 contract

Samples: Lease (Green Mountain Coffee Roasters Inc)

Installation, Alterations or Additions. Not Tenant shall not make, or allow to make be made, any installations, alterations alterations, additions or additions improvements (collectively and individually referred to in this paragraph as “work”) in, to or on the Premises Premises; nor to make or permit the making of any holes in in. the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals work approved by Landlord to be performed to the Premises by Tenant shall (i) be performed in a good and workmanlike manner by contractors approved in advance by Landlord and in compliance with the provisions of Landlord required hereunder shall not plans and specifications approved in advance by Landlord, and all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws, (ii) be unreasonably withheld in the case of non-structural interior alterations that do not impair the structural integrity of the Building, impact the Building systems, or involve penetration of the roof or exterior walls. Landlord shall respond to made at Tenant’s request for approval within ten sole cost and expense and at such times and in such a manner as Landlord may from time to time designate, (10iii) business days be free of the same being made, liens and if Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approvalencumbrances, and (yiv) following such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section become part of the LeasePremises, advising Building and the Property of Landlord without being deemed additional rent for tax purposes; Landlord and Tenant agreeing that failure to respond to such notice Tenant shall result in deemed approval be treated as the owner of the matters work for tax purposes until the expiration or earlier termination of the Term hereof, subject to Landlord’s rights to require Tenant to remove the same at or prior to the expiration or earlier termination of the Term hereof; and, to the extent Landlord shall make such noticeelection, title thereto shall remain vested in Tenant at all times. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises Premises, Building and Property shall at all times be free of liens for labor and materialsliens, and and, at Landlord’s request request, Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any such work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens hen or other encumbrances that may arise out of such work. Prior to the commencement of any such work, and throughout and until completion thereof, Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking maintain, or cause to be COMMERCIAL LEASE (MASTER SUBLEASE FORM) PAGE 13 OF 37 WAINSHAL MILL LEASING COMPANY LLC TO RRCC REALTY, LLC maintained, such work. All such work insurance with coverage limits as shall be done in reasonably required by Landlord. Whenever and as often as any mechanic’s or materialmen’s lien shall have been filed against the Property based upon any act of Tenant or of anyone claiming through Tenant, Tenant shall within thirty (30) days of notice from Landlord to Tenant take such action by bonding, deposit or payment as will remove or satisfy the lien. Tenant shall, upon request of Landlord, execute and deliver to Landlord a good and workmanlike manner employing materials xxxx of good quality and so as sale covering any work Tenant shall be required to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and lawssurrender hereunder. Tenant shall save Landlord harmless and indemnified from all injurynot, lossat any time, claims directly or damage to indirectly, employ or permit the employment of any person contractor, mechanic or property occasioned by or growing out of such work. Not to grant a security interest in, or to lease, any personal property or equipment being installed laborer in the Premises, includingif such employment will interfere or cause any conflict with other contractors, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord mechanics or laborers engaged in the form attached hereto as Exhibit Fconstruction, from maintenance or operation of the secured party Building by Landlord, Tenant or lessor (“Secured Party”) that stipulates in others. In the event either of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the LeaseBuilding immediately.

Appears in 1 contract

Samples: Commercial Lease (FusionStorm Global, Inc.)

Installation, Alterations or Additions. Not to make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of LandlordLandlord which shall not be unreasonably withheld, conditioned or delayed, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals Notwithstanding the foregoing, Tenant shall have the right, without Landlord’s prior consent, to make (i) cosmetic changes, such as paint and carpet, that are not visible from the Building Common Areas, and (ii) nonstructural alterations that do not involve the expenditure of more than $25,000.00 in the aggregate in any one instance during a 12-month period. Tenant agrees to employ for any work one or more responsible contractors of whom Landlord required hereunder has given prior approval, which approval shall not be unreasonably withheld in withheld, conditioned or delayed and whose labor will work without interference with other labor working on the case of non-structural interior alterations that do not impair the structural integrity of the Building, impact the Building systems, or involve penetration of the roof or exterior walls. Landlord shall respond to Tenant’s request for approval within ten (10) business days of the same being madeProperty, and if to cause such contractors employed by Tenant to carry worker’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance covering such contractors on or about the Premises in amounts at least equal to the limits set forth in Section 1.1 and to submit certificates evidencing such coverage to Landlord denies prior to the commencement of such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approval, and (y) following such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such noticework. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at Landlord’s request Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking such work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit FG, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Lease.

Appears in 1 contract

Samples: Office Lease (Dyax Corp)

Installation, Alterations or Additions. Not to Tenant shall not make any installations, alterations alterations, additions or additions improvements (collectively and individually referred to in this Section 6.2.5 as “work”) in, to or on the Premises nor to permit the making of any holes in the wallswalls or partitions (except for small holes required to hang signs, partitionsmarker boards, shelving and customary office art), ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Notwithstanding the foregoing, Tenant need not obtain Landlord’s consent to perform cosmetic alterations within the Premises so long as Tenant shall give Landlord required hereunder shall not be unreasonably withheld in the case of non-structural interior alterations that do not impair the structural integrity of the Building, impact the Building systems, or involve penetration of the roof or exterior walls. Landlord shall respond to Tenant’s request for approval within ten (10) business days of the same being made, and if Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approval, and (y) following such ten (10) business day period, Landlord fails to respond within an additional at least five (5) business days after receiving a second request containing a prominent reference in bold printBusiness Days’ prior notice thereof (which shall reasonably describe the work), with reference to this particular section the same are not visible from the exterior or common areas of the Lease, advising Landlord Building and any such work shall be scheduled at a time reasonably acceptable to Landlord. “Cosmetic alterations” shall mean changes to the finishes within the Premises (e.g. changes to the floor and wall coverings and paint) that failure to respond to such notice shall result in deemed approval do not affect the structure or systems of the matters Premises or Building, do not involve work above ceilings or within walls and do not require a building permit. All work to be performed to the Premises by Tenant shall: (i) be performed in a good and workmanlike manner by contractors approved in advance by Landlord and in compliance with the provisions of Exhibit C and all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws, (ii) be made at Tenant’s sole cost and expense and at such times and in such a manner as Landlord may from time to time designate, and (iii) be free of liens and encumbrances and become part of the Premises and the property of Landlord without being deemed additional rent for tax purposes, Landlord and Tenant agreeing that Tenant shall be treated as the owner of the work for tax purposes until the expiration or earlier termination of the term hereof, subject to Landlord’s rights pursuant to Section 6.1.9 to require Tenant to remove the same at or prior to the expiration or earlier termination of the term hereof and, to the extent Landlord shall make such noticeelection, title thereto shall remain vested in Tenant at all times. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises Premises, Building and Property shall at all times be free of liens for labor and materialsliens, and and, at Landlord’s request request, Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any such work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Prior to the commencement of any such work, and throughout and until completion thereof, Tenant shall procure maintain, or cause to be maintained, the insurance required by Exhibit D, all necessary licenses and permits at Tenant’s sole expense before undertaking with coverage limits as stated therein or such work. All such work higher limits as shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoningreasonably required by Landlord. In addition, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing arising out of such work. Not Whenever and as often as any mechanic’s or materialmen’s lien shall have been filed against the Property based upon any act of Tenant or of anyone claiming through Tenant, Tenant shall within three (3) days of notice from Landlord to grant Tenant take such action by bonding, deposit or payment as will remove or satisfy the lien. Tenant shall, upon request of Landlord, execute and deliver to Landlord a security interest inxxxx of sale covering any work Tenant shall be required to surrender hereunder. Tenant’s contracts and purchase orders for work in the Premises shall require that each contractor comply with the provisions of this Section 6.2.5, Exhibit C, the Rules and Regulations and all other provisions of this Lease applicable to the activities of the contractor anywhere on the Property. If Tenant or any of its contractors or subcontractors shall fail or refuse to leasecomply with any such obligations, then upon notice to Tenant, Landlord may require Tenant to cease performance of the work immediately until Tenant makes arrangements satisfactory to Landlord to achieve compliance. Tenant shall not, at any personal property time, directly or equipment being installed indirectly, employ or permit the employment of any contractor, mechanic or laborer in the Premises, includingif such employment will interfere or cause any conflict with other contractors, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord mechanics or laborers engaged in the form attached hereto as Exhibit Fconstruction, from maintenance or operation of the secured party Building by Landlord, Tenant or lessor (“Secured Party”) that stipulates in others. In the event either of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the LeaseBuilding immediately.

Appears in 1 contract

Samples: Lease Agreement (Amylyx Pharmaceuticals, Inc.)

Installation, Alterations or Additions. Not to Tenant shall not make any installations, alterations alterations, additions or additions improvements (collectively and individually referred to in this paragraph as “work”) in, to or on the Premises nor to permit the making of any holes in the wallswalls or partitions (except to hang interior signs, partitionsshelving, bulletin and marker boards, and decorative items such as wall hangings and customary office art), ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder Landlord’s approval shall not be unreasonably withheld in the case of non-structural interior alterations that or delayed with respect to alterations, additions or improvements which do not impair affect the structural integrity elements of the Building, impact equal or exceed Building standards in quality and do not adversely affect the Building systemsplumbing, heating, ventilating, air-conditioning, mechanical, electrical or involve penetration life-safety systems of the roof Building, are not visible from outside of the Premises and shall not materially increase Taxes or exterior wallsOperating Costs nor require Landlord to perform any work to the Property, and Tenant need not obtain Landlord’s consent to install work stations and other readily removable business fixtures and equipment within the Premises provided Tenant shall give Landlord prior notice thereof and any such work shall be scheduled at a time reasonably acceptable to Landlord. All work to be performed to the Premises by Tenant shall (i) be performed in a good and workmanlike manner by contractors approved in advance by Landlord shall respond to and in compliance with the provisions of Exhibit C and all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws, (ii) be made at Tenant’s request for approval within ten (10) business days of the same being made, sole cost and if expense and at such times and in such a manner as Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed may from time to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approvaltime designate, and (yiii) following such ten (10) business day periodbe free of liens and encumbrances and become part of the Premises and the property of Landlord without being deemed additional rent for tax purposes, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section and Tenant agreeing that Tenant shall be treated as the owner of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval work for tax purposes until the expiration or earlier termination of the matters term hereof, subject to Landlord’s rights pursuant to Section 6.1.9 to require Tenant to remove the same at or prior to the expiration or earlier termination of the term hereof and, to the extent Landlord shall make such noticeelection, title thereto shall remain vested in Tenant at all times. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises Premises, Building and Property shall at all times be free of liens for labor and materialsliens, and and, at Landlord’s request request, Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any such work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Prior to the commencement of any such work, and throughout and until completion thereof, Tenant shall procure maintain, or cause to be maintained, the insurance required by Exhibit D for general contractors (except that general liability insurance limits of any subcontractors shall only be such limits as are customary for the applicable trade(s)), all necessary licenses and permits at Tenant’s sole expense before undertaking with coverage limits as stated therein or such work. All such work higher limits as shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoningreasonably required by Landlord. In addition, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing arising out of such work. Not to grant a security interest inWhenever and as often as any mechanic’s or materialmen’s lien shall have been filed against the Property based upon any act of Tenant or of anyone claiming through Tenant, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit F, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral shall within ten (10) business days after Business Days of notice from Landlord to Tenant take such action by bonding, deposit or payment as will remove or satisfy the lien. Tenant shall, upon request of Landlord, execute and deliver to Landlord a xxxx of sale covering any work Tenant shall be required to surrender hereunder. Tenant shall not, at any time, directly or indirectly, employ or permit the employment of any contractor, mechanic or laborer in the Premises, if such employment will interfere or cause any conflict with other contractors, mechanics or laborers engaged in the construction, maintenance or operation of the expiration Building by Landlord, Tenant or earlier termination others. In the event of this Leaseany such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or within ten (10) business days after Secured Party notifies Landlord that Secured Party has laborers causing such interference or conflict to leave the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the LeaseBuilding immediately.

Appears in 1 contract

Samples: Lease (Curis Inc)

Installation, Alterations or Additions. Not to Tenant shall not make any installations, alterations alterations, or additions improvements (collectively and individually referred to in this paragraph as “work”) in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder Landlord’s approval shall not be unreasonably withheld in the case of non-structural interior alterations or delayed with respect to work that do does not impair affect the structural integrity elements of the Building, impact equals or exceeds Building standards in quality, does not directly affect or require any modifications to the Building systemsmechanical, electrical, plumbing, HVAC or involve penetration life-safety systems of the roof or exterior wallsBuilding, is not visible from outside of the Premises and shall not require Landlord to perform any work to the Property. All work to be performed to the Premises by Tenant shall (i) be performed in a good and workmanlike manner by contractors reasonably approved in advance by Landlord shall respond to and in compliance with the provisions of Exhibit C and Exhibit E and all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and in compliance with the U.S. Environmental Protection Agency’s Energy Star tenant space criteria, (ii) be made at Tenant’s request sole cost and expense except for approval within ten (10) business days of the same being made, and if Landlord denies such request it shall provide Tenant with a reason work for such denial. Landlord which Landlord’s Contribution shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approvalapplied, and (yiii) following such ten be free of liens and encumbrances and become part of the Premises and the property of Landlord (10other than personal property, including equipment and fixtures) business day periodwithout being deemed additional rent for tax purposes, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section and Tenant agreeing that Tenant shall be treated as the owner of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval work for tax purposes until the expiration or earlier termination of the matters term hereof, subject to Landlord’s rights pursuant to Section 6.1.9 to require Tenant to remove the same at or prior to the expiration or earlier termination of the term hereof and, to the extent Landlord shall make such noticeelection, title thereto shall remain vested in Tenant at all times. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises Premises, Building and Property shall at all times be free of liens for labor and materialsliens, and and, at Landlord’s request (which Landlord may only make if the cost of such work together with any related project shall cost in excess of $1,000,000 and shall be undertaken after the completion of Tenant’s Work, i.e. this requirement shall not apply to Tenant’s Work), Tenant shall furnish to Landlord a bond or other security reasonably acceptable to Landlord assuring that any such work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Prior to the commencement of any such work, Tenant shall procure all necessary licenses cause its general contractor to deliver to Landlord evidence that it and permits at Tenant’s sole expense before undertaking such work. All such work subcontractors as Landlord may reasonably request shall maintain insurance as shall be done in a good reasonably required by Landlord. Whenever and workmanlike manner employing materials as often as any mechanic’s or materialmen’s lien shall have been filed against the Property based upon any act of good quality and so as to conform with all applicable zoningTenant or of anyone claiming through Tenant, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit F, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord to Tenant take such action by bonding, deposit or payment as will remove or satisfy the lien. Tenant shall, upon request of Landlord, execute and deliver to Landlord a xxxx of sale covering any work Tenant shall be required to surrender hereunder. Without limiting the terms in this Section 6.2.5, upon Landlord’s obtaining knowledge of the expiration commencement of any work in or earlier termination to the Premises, Landlord shall be permitted to post a timely Notice of this LeaseNon-Responsibility at the Premises, which shall also be recorded in the office of the Recorder of the County in which the Property is located, all in accordance with the terms of Sections 8444 and 8060 of the California Civil Code. Upon the completion of any work in or within ten (10) business days after Secured Party notifies Landlord that Secured Party has to the right Premises which together with any related project shall cost in excess of $100,000, Tenant shall cause a timely Notice of Completion to remove be recorded in the Collateral on account office of Tenant’s default the Recorder of the County in its obligations to Secured Party, (ii) Secured Party will restore which the area affected by such removalProperty is located in accordance with the terms of Section 8182 of the California Civil Code, and (iii) that Tenant shall deliver to Landlord a failure conformed copy of such Notice of Completion. Tenant shall not, at any time, directly or indirectly, engage or employ any contractor, mechanic or laborer in the Premises, if such engagement or employment might reasonably be expected to so remove interfere with the Collateral will subject such property to maintenance of a stable, harmonious and cooperative labor environment among all parties providing labor at the provisions of subsection 6.1.9 of the LeaseComplex.

Appears in 1 contract

Samples: Lease (Surgalign Holdings, Inc.)

Installation, Alterations or Additions. Not to make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder , which approval shall not be unreasonably withheld withheld, conditioned or delayed in the case of interior, non-structural interior alterations that do not impair the structural integrity of the Building, impact the Building systems, or involve penetration of the roof or exterior walls. Tenant agrees to employ for any work one or more responsible contractors of whom Landlord shall respond to Tenant’s request for approval within ten (10) business days of the same being made, and if Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such has given prior approval, and (y) following whose labor will work without interference with other labor working on the Property, and to cause such ten (10) business day period, contractors employed by Tenant to carry worker’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance covering such contractors on or about the Premises in amounts at least equal to the limits set forth in Section 1.1 and to submit certificates evidencing such coverage to Landlord fails prior to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section the commencement of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such noticework. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at Landlord’s request Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking such work. All Notwithstanding the foregoing, neither Landlord’s consent, nor a bond, shall be required for any alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or Building; (c) will not affect the base building structure or the mechanical, electrical and plumbing systems; and (d) does not require work to be performed inside the walls, below the floor, or above the ceiling of the Premises and (e) the cost of such work does not exceed $5,000. However, Tenant shall notify Landlord of any Cosmetic Alteration in writing prior to commencing any work in connection with such Alteration. All work performed by or on behalf of Tenant shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit FD, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Lease. 6.2.5.1 Without waiver of any of the requirements of the first paragraph of this Section 6.2.5, Tenant shall have the right, at its sole cost and expense, to install, maintain, and use, one (1) satellite dish, satellite pole or antenna (collectively, the “Rooftop Equipment”) on the roof of the Building, subject to Landlord’s approval regarding size, location and the manner of installation, including conformance with Landlord’s reasonable design criteria and any other reasonable requirements (including visual shielding such that it cannot be seen from street level) and provided that such installation does not void any roof bonds or affect the integrity of the roof. The installation, operation, maintenance and removal of such equipment shall be at Tenant’s sole cost and expense and shall be performed in accordance with all applicable laws and requirements of applicable governmental authorities. Tenant shall indemnify, defend and hold Landlord harmless from and against any liability, claims, damage or loss arising from the installation, maintenance, repair replacement and operation of all telecommunications equipment on the roof, unless caused by Landlord, its agents, employees or contractors. Tenant shall have the right to use reasonable shaft space in the Building, at no charge, to connect the Premises to the Rooftop Equipment. Tenant shall have access to the roof upon reasonable notice to Landlord for the purpose of installing, operating, maintaining, repairing, or removing the Rooftop Equipment. Upon the expiration or earlier termination of this Lease, Tenant shall remove the Rooftop Equipment from the roof and repair any damage to the roof caused by the Rooftop Equipment. The right to install the Rooftop Equipment is personal to the initial named tenant and may not be assigned to any other party.

Appears in 1 contract

Samples: Office Lease (Exa Corp)

Installation, Alterations or Additions. Not to make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals Notwithstanding the foregoing, Tenant may, without the prior consent of Landlord required hereunder shall Landlord, (a) paint and carpet the Premises and (b) make such other nonstructural, interior installations or alterations not be unreasonably withheld exceeding $5,000.00 in cost in the case of non-structural interior alterations that aggregate during any lease year, providing the same do not reduce the value of the Property or impair the structural integrity of the BuildingBuilding or the systems, impact mechanical or otherwise, serving the Building systemssame, or involve penetration penetrations of the ceiling grid (or removal of the same), roof or exterior walls. Landlord shall respond to Tenant’s request for approval within ten (10) business days of the same being made, and if further provided that Tenant shall furnish Landlord denies with as built plans upon completion of such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approval, and (y) following such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such noticework. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at Landlord’s request Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith within ten (10) days of notice from Landlord bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. If Tenant shall fail to cause any such lien to be discharged within such ten (10) day period, then in addition to any other available right or remedy, Landlord may discharge the same, either by paying the amount claimed to be due, or by bonding or otherwise. Any amount so paid, and all costs and expenses so incurred by Landlord in connection therewith, shall constitute Additional Rent hereunder. Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking such work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work, and any liability, loss, cost, damage and expense of every kind and nature incurred by reason of, or arising out of any and all mechanic’s and other liens filed in connection with any alterations or improvements. Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit FD, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Lease.

Appears in 1 contract

Samples: Lease Agreement (Lemaitre Vascular Inc)

Installation, Alterations or Additions. (a) Not to make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any exterior locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals In no event shall Landlord’s approval of Landlord required hereunder shall not any plans, including plans for any initial tenant improvements in accordance with Article 3, be unreasonably withheld in the case construed as a waiver of non-structural interior Landlord’s right, pursuant to Section 6.1.9 above, to require removal of any installations, alterations that do not impair the structural integrity or improvements at end of the Building, impact the Building systems, Term. Tenant agrees to employ for any work one or involve penetration more responsible contractors of the roof or exterior walls. whom Landlord shall respond to Tenant’s request for approval within ten (10) business days of the same being made, and if Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such has given prior approval, and (y) following whose labor will work without interference with other labor working on the Property, and to cause such ten (10) business day periodcontractors employed by Tenant to carry worker’s compensation insurance in accordance with statutory requirements, Employers Liability Insurance at least equal to the limits set forth in Section 4.2.4.1, and commercial general liability insurance covering such contractors on or about the Premises in amounts at least equal to the limits set forth in Section 1.1. All contractors insurance shall name Landlord fails and its managing agent and any mortgagee as additional insureds on a primary and non-contributory basis, and indemnifying the parties so named against claims for death or injury to respond within an additional five (5) business days after receiving a second request containing a prominent reference persons or damage to property claimed to have occurred in bold print, the Premises or on the property. Tenant shall cause its contractors to submit certificates evidencing such coverage to Landlord prior to the commencement of any such work. Tenant shall cause all contractors performing work on behalf of Tenant in or about the 2892369_8 Premises and Building to comply with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such noticeConstruction Rules and Regulations attached hereto as Exhibit E-1. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at Landlord’s request Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith within ten (10) days of notice of the existence of any lien, bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. If Tenant shall fail to cause any such lien to be discharged within such 10-day period, then in addition to any other available right or remedy, Landlord may discharge the same, either by paying the amount claimed to be due, or by bonding or otherwise. Any amount so paid, and all costs and expenses so incurred by Landlord in connection therewith, shall constitute Additional Rent hereunder. Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking such work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Without waiver of the provisions of Section 4.2.5.7 of this Lease, Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work, and any liability, loss, cost, damage and expense of every kind and nature incurred by reason of, or arising out of any and all mechanic’s and other liens filed in connection with any alterations or improvements. (b) Notwithstanding the foregoing, Tenant may, without Landlord’s consent but upon prior written notice to Landlord, perform any alterations (with a contractor designated by Tenant and approved by Landlord) which (i) do not affect the Building structure; (ii) do not require a building permit, or do not cause any violation of and do not require any change in any certificate of occupancy applicable to the Building; (iii) do not affect the Building systems (d) do not affect the exterior of the Building, including the roof of the Building, (iv) are not visible from the exterior of the Building, (v) do not exceed $100,000.00 in any one instance (for purposes of this provision, a series of related alterations shall be aggregated together for purposes of determining whether such $100,000.00 threshold is exceeded, and the cost of any specific equipment that is part of the alteration or installation shall be excluded from the determination of whether the $100,000 threshold is exceeded), or (vi) do not constitute specialty improvements not customarily found in lab/GMP, and office space in comparable buildings, it being understood and agreed that Tenant shall be required to remove such specialty improvements installed without Landlord’s consent upon the end of the Term. Tenant shall be responsible for obtaining, at its cost, all permits required as to any of Tenant’s alterations, and shall furnish copies thereof to Landlord following Landlord’s written request therefor. (c) Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit FG, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days 2892369_8 after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection Section 6.1.9 of the Lease.

Appears in 1 contract

Samples: Lease Agreement (Vericel Corp)

Installation, Alterations or Additions. Not to Tenant shall not make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder Landlord’s consent shall not be unreasonably withheld in the case of non-structural interior alterations withheld, conditioned or delayed with respect to installations, alterations, additions or improvements that are consistent with Building standards, do not impair affect the plumbing, HVAC, mechanical, electrical or life safety systems or the structural integrity elements of the Building, impact are not visible from the outside of the Premises, do not require a building permit and shall not increase Operating Costs or Taxes or require Landlord to perform any work to the Building. Notwithstanding the foregoing, repainting, recarpeting and/or the making of any alteration that (a) does not affect the Building systemsStructure or the Building Systems and Components and (b) does not require a permit or other government approval to undertake, shall not require the prior written consent of Landlord, provided that Tenant shall provide Landlord with prior notice thereof. Subject to the provisions of this Subsection 6.2.5, during the term of this Lease, Tenant shall have the exclusive right, at Tenant’s sole cost and expense, to install and operate solar panels, satellite dishes or involve penetration similar antennas, and other telecommunication devices on the roof of the roof or exterior wallsBuilding. All work to be performed to the Premises by Tenant shall (i) be performed in a good and workmanlike manner by contractors approved in advance by Landlord shall respond to and in compliance with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws, (ii) be made at Tenant’s request for approval within ten sole cost and expense and at such reasonable times and in such a manner as Landlord may from time to time designate, and (10iii) business days become part of the Premises and the property of Landlord without being deemed additional rent for tax purposes, Landlord and Tenant agreeing that Tenant shall be treated as the owner for tax purposes until the expiration or earlier termination of the term hereof, subject to Landlord’s rights pursuant to Section 6.1.8 to require Tenant to remove the same being madeat or prior to the expiration or earlier termination of the term hereof. For the avoidance of doubt and notwithstanding the foregoing, and if Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request treated as the owner for such approval, and (y) following such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section tax purposes of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such noticeImprovements. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises Premises, Building and Property shall at all times be free of liens for labor and materials, and and, at Landlord’s request written request, Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any such work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Prior to the commencement of any such work, and throughout and until completion thereof, Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking maintain, or cause to be maintained, such work. All such work insurance with coverage limits as shall be done in a good reasonably required by Landlord. Whenever and workmanlike manner employing materials as often as any mechanic’s or materialmen’s lien shall have been filed against the Property based upon any act of good quality and so as to conform with all applicable zoningTenant or of anyone claiming through Tenant, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions within three (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit F, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (103) business days after of notice from Landlord of to Tenant take such action by bonding, deposit or payment as will remove or satisfy the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Leaselien.

Appears in 1 contract

Samples: Lease Agreement (Cytek BioSciences, Inc.)

Installation, Alterations or Additions. Not to make any -------------------------------------- installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder instance (which consent and approval shall not be unreasonably withheld in the case of required for non-structural structural, interior alterations that costing less than $150,000.00 in each instance which do not impair materially and adversely affect the Building structure or systems or the interior architectural design, and which will not reduce the value of the Building or affect the structural integrity of the Buildingthereof; and which consent and approval shall not be required in any event for nonstructural, impact the Building systemscosmetic or decorative changes or installations, or involve penetration of the roof or exterior walls. Landlord shall respond to Tenant’s request for approval within ten (10) business days of the same being madesuch as painting, carpeting, and if Landlord denies such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approval, and (y) following such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such notice. like); Tenant shall pay promptly when due the entire cost of any work to the Building or Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at Landlord’s request Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith within thirty (30) days bond against or discharge any mechanics' liens or other encumbrances that may arise out of such work, provided, however, that if Tenant has notice of any mechanics' liens and has received a request from Landlord relating to a possible default of Landlord under its financing documentation on account of such lien, then Tenant shall bond against or discharge the same promptly. Tenant shall procure all necessary licenses and permits from the applicable governmental authorities at Tenant’s 's sole expense before undertaking such work. Tenant agrees to employ for all such work responsible contractors approved by Landlord in advance and to cause such contractors employed by Tenant to carry worker's compensation insurance in accordance with statutory requirements and so-called "builder's risk" insurance covering Landlord and Tenant, as their interests appear, to the full insurable value of the work in question, and to submit certificates evidencing such coverage before commencement of the work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit F, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Lease.

Appears in 1 contract

Samples: Lease (Wells Real Estate Investment Trust Inc)

Installation, Alterations or Additions. Not to make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes (other than by small nails and screws for hanging pictures and the like) in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals of Landlord required hereunder shall not be unreasonably withheld instance (which consent and approval, in the case of non-structural nonstructural interior installations or alterations that do not impair the structural integrity of the Building, impact the Building systemsreduce its value, or involve penetration penetrations of the roof or exterior walls. Landlord , shall respond to Tenant’s request for approval within ten (10) business days of the same being madenot be unreasonably withheld, and if which shall not be required for work costing in the aggregate in any one instance not more than $5,000, provided, in each instance Tenant shall furnish Landlord denies with as built plans upon completion of such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approval, and (y) following such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such notice. work); Tenant shall pay promptly when due the entire cost of any work to the Premises premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at Landlord’s 's request Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics' lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics' liens or other encumbrances that may arise out of such work. Tenant shall procure all necessary licenses and permits at Tenant’s 's sole expense before undertaking such workwork and if necessary Landlord shall cooperate with Tenant in such effort. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Not to grant a security interest in, or to lease, Without waiver of any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit F, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination foregoing provisions of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property Section 6.2.5 relating to the provisions performance of subsection 6.1.9 work and approval of plans, Tenant shall be permitted, at its sole expense, to install one antenna on the roof of the LeaseBuilding. The size and location of the antenna must be approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned.

Appears in 1 contract

Samples: Lease (Oak Technology Inc)

Installation, Alterations or Additions. Not to make any installations, alterations or additions in, to or on the Premises nor to permit the making of any holes in the walls, partitions, ceilings or floors nor the installation or modification of any locks or security devices without on each occasion obtaining the prior written consent of Landlord, and then only pursuant to plans and specifications approved by Landlord in advance in each instance. All approvals Notwithstanding the foregoing, Tenant may, without the prior consent of Landlord required hereunder shall Landlord, (a) paint and carpet the Premises and (b) make such other nonstructural, interior installations or alterations not be unreasonably withheld exceeding $5,000.00 in cost in the case of non-structural interior alterations that aggregate during any lease year, providing the same do not reduce the value of the Property or impair the structural integrity of the BuildingBuilding or the systems, impact mechanical or otherwise, serving the Building systemssame, or involve penetration penetrations of the ceiling grid (or removal of the same), roof or exterior walls. Landlord shall respond to Tenant’s request for approval within ten (10) business days of the same being made, and if further provided that Tenant shall furnish Landlord denies with as built plans upon completion of such request it shall provide Tenant with a reason for such denial. Landlord shall be deemed to have approved any request submitted by Tenant, if (x) Landlord fails to respond within ten (10) business days after receiving a request for such approval, and (y) following such ten (10) business day period, Landlord fails to respond within an additional five (5) business days after receiving a second request containing a prominent reference in bold print, with reference to this particular section of the Lease, advising Landlord that failure to respond to such notice shall result in deemed approval of the matters subject to such noticework. Tenant shall pay promptly when due the entire cost of any work to the Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and at Landlord’s request Tenant shall furnish to Landlord a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the plans and specifications theretofore approved by Landlord and assuring that the Premises will remain free of any mechanics’ lien or other encumbrance arising out of such work. In any event, Tenant shall forthwith bond against or discharge any mechanics’ liens or other encumbrances that may arise out of such work. Tenant shall procure all necessary licenses and permits at Tenant’s sole expense before undertaking such work. All such work shall be done in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Not to grant a security interest in, or to lease, any personal property or equipment being installed in the Premises, including, without limitation, demountable partitions (the “Collateral”) without first obtaining an agreement for the benefit of Landlord in the form attached hereto as Exhibit FG, from the secured party or lessor (“Secured Party”) that stipulates in the event either the Lease is terminated or Tenant defaults in its obligations to Secured Party, then (i) Secured Party will remove the Collateral within ten (10) business days after notice from Landlord of the expiration or earlier termination of this Lease, or within ten (10) business days after Secured Party notifies Landlord that Secured Party has the right to remove the Collateral on account of Tenant’s default in its obligations to Secured Party, (ii) Secured Party will restore the area affected by such removal, and (iii) that a failure to so remove the Collateral will subject such property to the provisions of subsection 6.1.9 of the Lease.

Appears in 1 contract

Samples: Lease Agreement (Lemaitre Vascular Inc)

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