Common use of Installations and Alterations by Tenant Clause in Contracts

Installations and Alterations by Tenant. (a) Tenant shall make no alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or improvements (collectively, "Alterations") after the completion of Tenant's Work in or to the Premises without Landlord's prior written consent. Notwithstanding the foregoing, with respect to non-structural Alterations that do not affect the Building's electrical, plumbing or mechanical systems, (i) Landlord's consent shall not be required if the cost of such Alterations is less than $10,000 per individual instance and, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is less than $30,000, so long as Tenant notifies Landlord in writing at least three (3) Business Days prior to commencing any such Alterations as to the nature, scope and estimated cost of such Alterations ("PERMITTED MINOR ALTERATIONS"); and (ii) Landlord's prior written consent shall not be unreasonably withheld or delayed if the cost of such Alterations is $10,000 or more per individual instance or if, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is $30,000 or more. All Alterations shall be solely at Tenant's expense. Tenant shall indemnify Landlord from any costs or expenses resulting from Tenant's implementation of the Permitted Minor Alterations. Any Alterations, additions or improvements shall be in accordance with complete plans and specifications meeting the requirements set forth in the Rules and Regulations from time to time in effect and approved in advance by Landlord. Landlord shall approve or disapprove of Tenant's proposed Alterations within ten (10) Business Days of Landlord's receipt of such complete plans and specifications and the other required deliveries and information from Tenant set forth in the Rules and Regulations. Landlord shall inform Tenant, at the time of its approval of any Alterations, whether Landlord will require such Alterations to be removed by Tenant upon the expiration or earlier termination of the Lease. Such Alterations work shall (i) be performed in a good and workmanlike manner and in compliance with all applicable 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, (iii) be made only in accordance with the Rules and Regulations from time to time in effect with respect thereto, and (iv) become part of the Premises and the property of Landlord. If any Alterations shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant's Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality. The provisions of this Section 5.2(a) shall not apply to Tenant's Work, the performance of which shall be governed by EXHIBIT C hereto and the other provisions of this Lease, subject to the last sentence of Section 3.3 and Section 7.6 of this Lease.

Appears in 2 contracts

Samples: Possession and Attornment Agreement (Firepond Inc), Possession and Attornment Agreement (Firepond Inc)

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Installations and Alterations by Tenant. (a) Excluding the Tenant’s Work (the performance of which is instead subject to Exhibit C), Tenant shall make no alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or improvements (collectively, "Alterations") after the completion of Tenant's Work in or to the Premises or any Base Building Systems serving the Premises without Landlord's ’s prior written consent. Notwithstanding the foregoing, which consent shall not be unreasonably withheld or delayed with respect to non-structural Alterations that do not affect or involve any portion of the Building's electricalBase Building or the Base Building Systems. Notwithstanding the foregoing, plumbing Tenant may construct non-structural Alterations in the Premises that do not adversely affect the Structural Elements or mechanical systemsthe Base Building Systems or safety of the Building without Landlord’s prior approval or notice to Landlord, (i) Landlord's consent shall not be required if the cost of such Alterations is less than $10,000 per individual instance and, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is less than $30,000, so long as Tenant notifies Landlord in writing at least three (3) Business Days prior to commencing any such Alterations as to the nature, scope and estimated cost of such Alterations project does not exceed Fifty Thousand Dollars ("PERMITTED MINOR ALTERATIONS"$50,000); and (ii) Landlord's prior written consent shall not be unreasonably withheld or delayed if the cost of such Alterations is $10,000 or more per individual instance or if, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is $30,000 or more. All Alterations shall be solely at Tenant's expense. Tenant shall indemnify Landlord from any costs or expenses resulting from Tenant's implementation of the Permitted Minor Alterations. Any Alterations, additions or improvements Alterations shall be in accordance with complete plans and specifications meeting the requirements set forth in the Landlord’s Rules and Regulations from time to time in effect and with plans and specifications meeting the requirements set forth in such Rules and Regulations and approved in advance by Landlord. Landlord shall approve or disapprove of Tenant's proposed All Alterations within ten (10) Business Days of Landlord's receipt of such complete plans and specifications and the other required deliveries and information from Tenant set forth in the Rules and Regulations. Landlord shall inform Tenant, at the time of its approval of any Alterations, whether Landlord will require such Alterations to be removed by Tenant upon the expiration or earlier termination of the Lease. Such Alterations work shall (i) be performed in a good and workmanlike manner using only new and only quality materials and in compliance with all applicable laws, Laws; (ii) be made at Tenant's ’s sole cost and expense and at such times and in such a manner as Landlord may from time to time designate, expense; (iii) be made only in accordance with the Rules and Regulations from time to time in effect with respect thereto, and (iv) become part of the Premises and the property of Landlord upon the expiration or earlier termination of the Term of this Lease unless Landlord otherwise notifies Tenant such Alteration must be removed as provided in Section 5.2(e) below; (iv) be made by contractors and subcontractors approved in advance by Landlord; and (v) be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or interfere with the management, maintenance or operation of the Building. At Landlord’s request, Tenant shall, before any work estimated to cost in excess of One Hundred Fifty Thousand Dollars ($150,000.00) is started, secure assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of labor and materials for the Alterations. If any Alterations shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant's ’s Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense expense. Tenant acknowledges and agrees that any review or approval by Landlord of any plans and/or specifications with new fixturesrespect to any Alterations is solely for Landlord’s benefit, equipment and without any representation or property of like utility warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise. Landlord shall have the right to require that Tenant use Landlord’s designated structural contractor and of at least equal quality. The provisions of this Section 5.2(a) shall not apply to Tenant's Work, architect for the Building for the design and performance of which shall be governed by EXHIBIT C hereto any Alterations affecting the Structural Elements and/or that Tenant use Landlord’s designated fire and life safety contractor and engineer for the other provisions of this Lease, subject Building to perform Tenant’s connection to the last sentence Building’s fire alarm system or any Alterations that affect the fire alarm or fire/life safety systems in the Building. In connection with Tenant’s performance of Section 3.3 and Section 7.6 any Alterations, Tenant shall pay Landlord a construction oversight fee in an amount equal to one percent (1%) of this Leasethe costs incurred by Tenant in connection with its performance of any such Alterations.

Appears in 2 contracts

Samples: Lease (Arcellx, Inc.), Lease (Arcellx, Inc.)

Installations and Alterations by Tenant. (a) Tenant shall make no alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or improvements (collectively, "Alterations") after the completion of Tenant's Work in or to the Premises (including any Alterations necessary for Tenant’s initial occupancy of the Premises) without Landlord's ’s prior written consent. Notwithstanding the foregoing, which consent shall not be unreasonably withheld or delayed with respect to non-structural Alterations that do not affect or involve the Building's ’s electrical, plumbing or mechanical systems or any other Building systems. Notwithstanding the foregoing, (i) Landlord's ’s consent shall not be required if the cost of such for cosmetic, non-structural Alterations is less than $10,000 per individual instance andwhich do not affect Building systems and which, when aggregated with the cost of all other Alterations performed by Tenant over in the preceding one year prior twelve (12) month period, is cost less than $30,000100,000.00; provided, so long as however, Tenant notifies shall provide Landlord in writing at least three (3) Business Days with prior to commencing any such Alterations as to the nature, scope and estimated cost written notice of such Alterations ("PERMITTED MINOR ALTERATIONS"); and (ii) Landlord's prior written consent shall not be unreasonably withheld or delayed if comply with the cost terms and provisions of this Lease in the performance of such Alterations is $10,000 or more per individual instance or if, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is $30,000 or more. All Alterations shall be solely at Tenant's expense. Tenant shall indemnify Landlord from any costs or expenses resulting from Tenant's implementation of the Permitted Minor Alterations. Any Alterations, additions or improvements Alterations shall be in accordance with complete the Rules and Regulations in effect with respect thereto and with plans and specifications meeting the requirements set forth in the Rules and Regulations from time to time in effect and approved in advance by Landlord. Landlord shall approve or disapprove of Tenant's proposed Alterations within ten (10) Business Days of Landlord's receipt of such complete plans and specifications and the other required deliveries and information from Tenant set forth in the Rules and Regulations. Landlord shall inform Tenant, at the time of its approval of any Alterations, whether Landlord will require such Alterations to be removed by Tenant upon the expiration or earlier termination of the Lease. Such Alterations All work shall (i) be performed in a good and workmanlike manner and in compliance with all applicable laws, ordinances and regulations; (ii) be made at Tenant's ’s sole cost and expense and at such times and in such a manner as Landlord may from time to time designate, expense; (iii) be made only in accordance with the Rules and Regulations from time to time in effect with respect thereto, and (iv) become part of the Premises and the property of Landlord; (iv) be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or interfere with the construction or operation of the Building, and (v) be performed in a manner designed to minimize interference with Tenant’s business operations in the Premises. At Landlord’s request, Tenant shall, before its work is started, secure assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of labor and materials for the Alterations. If any Alterations shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant's ’s Removable Property, such fixturesFixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality. The provisions of Tenant shall promptly reimburse Landlord for all reasonable costs, including attorneys’, architects’, engineers’, and consultants’ fees, incurred by Landlord in connection with any request from Tenant pursuant to this Section 5.2(a) shall not apply to Tenant's Work, the performance of which shall be governed by EXHIBIT C hereto and the other provisions of this Lease, subject to the last sentence of Section 3.3 and Section 7.6 of this Lease5.2.

Appears in 2 contracts

Samples: Lease (Enova International, Inc.), Lease (Enova International, Inc.)

Installations and Alterations by Tenant. (aA) Tenant shall not make no ---------------------------------------- or perform, or permit the making or performance of, any alterations, improvements, additions (including, for or other physical changes in or about the purposes hereof, wall-to-wall carpeting), or improvements Premises (collectively, "Alterations") after the completion of Tenant's Work in or (other than non-structural Alterations to the interior of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the Building) without Landlord's prior written consent. Notwithstanding the foregoingLandlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructural, with respect to non-structural Alterations that do not affect involve the Building's electricalsystems and are not visible from outside the Building, plumbing or mechanical systems, (i) Landlord's consent shall not be required if the cost of provided that such Alterations is less than $10,000 per individual instance and, when aggregated with do not reduce the cost value or utility of all other Alterations performed by Tenant over the preceding one year period, is less than $30,000, so long as Tenant notifies Landlord in writing at least three (3) Business Days prior to commencing any such Alterations as to the nature, scope and estimated cost of such Alterations ("PERMITTED MINOR ALTERATIONS"); and (ii) Landlord's prior written consent shall not be unreasonably withheld or delayed if the cost of such Alterations is $10,000 or more per individual instance or if, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is $30,000 or moreBuilding. All Alterations shall be solely done at Tenant's expense. Tenant shall indemnify Landlord from any costs or expenses resulting from Tenant's implementation of the Permitted Minor Alterations. Any Alterations, additions or improvements shall be in accordance with complete plans and specifications meeting the requirements set forth in the Rules and Regulations from time to time in effect and approved in advance by Landlord. Landlord shall approve or disapprove of Tenant's proposed Alterations within ten (10) Business Days of Landlord's receipt of such complete plans and specifications and the other required deliveries and information from Tenant set forth in the Rules and Regulations. Landlord shall inform Tenant, at the time of its approval of any Alterations, whether Landlord will require such Alterations to be removed by Tenant upon the expiration or earlier termination of the Lease. Such Alterations work shall (i) be performed in a good and workmanlike manner and in compliance with all applicable laws, (ii) be made at Tenant's sole cost and expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such a manner Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may from time reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to time designate, (iii) be made only in accordance with the Rules and Regulations from time to time in effect with respect thereto, and (iv) become part of the Premises and the property of Landlord. If any Alterations shall involve the removal of fixtures, equipment or other property incorporated in the Premises which are not Tenant's Removable Property, such fixtures, equipment Building as a result of all alterations or property improvements shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal qualitycomparable quality to the then existing improvements. The provisions of this Section 5.2(a) shall not apply to Tenant's Work, the performance of which No such materials or equipment shall be governed by EXHIBIT C hereto and the other provisions of this Lease, subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the last sentence of Section 3.3 Premises shall be done in compliance with all applicable laws and Section 7.6 of this Leaseregulations.

Appears in 2 contracts

Samples: New England Business Service Inc, New England Business Service Inc

Installations and Alterations by Tenant. (a) Tenant shall make no alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or improvements (collectively, "Alterations") after the completion of Tenant's Work in or to the Premises (including Tenant’s Work) without Landlord's ’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, except that if the Alterations affect or involve the Building’s electrical, plumbing or mechanical systems or any other Building systems, or the roof of the Building, and such Alterations affect other tenants of the Building or the Property, or the Common Facilities, then Landlord’s consent shall be granted or withheld in its sole discretion. Notwithstanding the foregoing, with respect to Tenant may, without the necessity of acquiring Landlord’s consent, perform non-structural Alterations that do not affect or involve the Building's ’s electrical, plumbing or mechanical systems or any other Building systems, (i) Landlord's consent shall not be required if or the cost roof of the Building, and such Alterations is less than $10,000 per individual instance and, when aggregated with the cost of all do not affect other Alterations performed by Tenant over the preceding one year period, is less than $30,000, so long as Tenant notifies Landlord in writing at least three (3) Business Days prior to commencing any such Alterations as to the nature, scope and estimated cost of such Alterations ("PERMITTED MINOR ALTERATIONS"); and (ii) Landlord's prior written consent shall not be unreasonably withheld or delayed if the cost of such Alterations is $10,000 or more per individual instance or if, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is $30,000 or more. All Alterations shall be solely at Tenant's expense. Tenant shall indemnify Landlord from any costs or expenses resulting from Tenant's implementation tenants of the Permitted Minor AlterationsBuilding or the Property, or the Common Facilities, and do not exceed $20,000.00 in cost in each instance. Any Alterations, additions or improvements Alterations shall be in accordance with complete the Rules and Regulations in effect with respect thereto and with plans and specifications meeting the requirements set forth in the Rules and Regulations from time to time in effect and approved in advance by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall approve or disapprove of Tenant's proposed Alterations within ten (10) Business Days of Landlord's receipt of such complete plans and specifications and the other required deliveries and information from Tenant set forth in the Rules and Regulations. Landlord shall inform Tenant, at the time of its approval of any Alterations, whether Landlord will require such Alterations to be removed by Tenant upon the expiration or earlier termination of the Lease. Such Alterations All work shall (i) be performed in a good and workmanlike manner and in compliance with all applicable laws, ordinances and regulations; (ii) be made at Tenant's ’s sole cost and expense and at such times and in such a manner as Landlord may from time (subject to time designate, Landlord’s Contribution with respect to Tenant’s Work only); (iii) be made only in accordance with the Rules and Regulations from time to time in effect with respect thereto, and (iv) become part of the Premises and the property of Landlord, except for those items specified on Exhibit K attached hereto and incorporated herein; and (iv) be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or unreasonably interfere with the construction or operation of the Building. At Landlord’s request, Tenant shall, before its work is started, secure assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of labor and materials for the Alterations. If any Alterations shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant's ’s Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality. The Except with respect to Tenant’s Work, Tenant shall promptly reimburse Landlord for all reasonable costs, including attorneys’, architects’, engineers’, and consultants’ fees, incurred by Landlord in connection with any request from Tenant pursuant to this Section 5.2. Notwithstanding the foregoing, Tenant has the right to install an acid neutralization tank (the “Tank”), as well as all associated piping, provided that such Tank and piping be not more than six (6) feet below the finished floor of the Building. Such installation shall be subject to Landlord’s prior approval, which approval shall not be unreasonably withheld, and the provisions of this Section 5.2(a) shall not apply to Tenant's Work, the performance of which shall be governed by EXHIBIT C hereto and the other provisions of this Lease, subject to the last sentence of Section 3.3 and Section 7.6 of this Lease5.2.

Appears in 2 contracts

Samples: Lease (Repligen Corp), Lease (Repligen Corp)

Installations and Alterations by Tenant. (a) Tenant shall make no alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or improvements (collectively, "Alterations") after the completion of Tenant's Work in or to the Premises during the Term of this Lease without Landlord's the prior written consent. Notwithstanding the foregoingconsent of Landlord, with respect to non-structural Alterations that do not affect the Building's electrical, plumbing or mechanical systems, (i) Landlord's consent shall not be required if the cost of such Alterations is less than $10,000 per individual instance and, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is less than $30,000, so long as Tenant notifies Landlord in writing at least three (3) Business Days prior to commencing any such Alterations as to the nature, scope and estimated cost of such Alterations ("PERMITTED MINOR ALTERATIONS"); and (ii) Landlord's prior written which consent shall not be unreasonably withheld withheld, conditioned or delayed delayed, provided that Tenant fully complies with the provisions of this Section 5.3, and provided further that such consent shall expressly indicate the extent to which such alterations, additions or improvements must be removed by Tenant at the expiration of this Lease or, if applicable, must then remain on the Premises. Tenant agrees to pay for Landlord's reasonable expenses for professional services it requires to review Tenant's plans and specifications. Landlord shall not, however, require any such removal if the cost of such Alterations is $10,000 alterations, additions or more per individual instance or if, when aggregated with improvements could be reasonably expected to be reusable by the cost of all other Alterations performed by Tenant over succeeding tenant in the preceding one year period, is $30,000 or more. All Alterations shall be solely at Tenant's expense. Tenant shall indemnify Landlord from any costs or expenses resulting from Tenant's implementation of the Permitted Minor AlterationsPremises. Any Alterationssuch alterations, additions or improvements shall (i) be made in accordance with complete construction plans and specifications meeting the requirements set forth in the Rules and Regulations from time to time in effect and approved in advance by Landlord. Landlord , which approval shall approve not be unreasonably withheld, delayed or disapprove of Tenant's proposed Alterations within ten conditioned; (10) Business Days of Landlord's receipt of such complete plans and specifications and the other required deliveries and information from Tenant set forth in the Rules and Regulations. Landlord shall inform Tenant, at the time of its approval of any Alterations, whether Landlord will require such Alterations to be removed by Tenant upon the expiration or earlier termination of the Lease. Such Alterations work shall (iii) be performed constructed in a good and workmanlike manner and in compliance with all applicable laws, codes, regulations, permits and approvals required by any governmental entities having jurisdiction therefor; and (iiiii) 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, (iii) be made only in accordance with the Rules and Regulations from time to time in effect with respect thereto, and (iv) become part of the Premises and the property of Landlordexpense. If Upon any Alterations shall involve the removal of fixtures, equipment termination or other property in the Premises which are not Tenant's Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality. The provisions of this Section 5.2(a) shall not apply to Tenant's Work, the performance of which shall be governed by EXHIBIT C hereto and the other provisions earlier expiration of this Lease, subject to Tenant shall surrender the last sentence of Section 3.3 Premises in the same condition as existed at the Commencement Date, except for normal wear and Section 7.6 of this Leasetear and damage caused by the elements, casualty or any other cause for which Tenant might be liable.

Appears in 1 contract

Samples: Lease (Southern Connecticut Bancorp Inc)

Installations and Alterations by Tenant. (a) Tenant shall make no alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or improvements (collectively, "Alterations") after the completion of Tenant's Work in or to the Premises (including any Alterations, other than Landlord’s Work, necessary for Tenant’s initial occupancy of the Premises) or any Base Building Systems serving the Premises without Landlord's ’s prior written consent. Notwithstanding the foregoing, which consent shall not be unreasonably withheld or delayed with respect to non-structural Alterations that do not affect or involve any portion of the Building's electricalBase Building or the Base Building Systems. Notwithstanding the foregoing, plumbing or mechanical systems, (i) Landlord's ’s consent shall not be required if for non-structural Alterations that do not affect the Base Building or any Base Building Systems and cost of such Alterations is less than $10,000 per individual instance and, when aggregated with in the cost of all other Alterations performed by Tenant over the preceding one year aggregate during any twelve month period, is less than $30,000, so long as provided that Tenant notifies shall give Landlord in writing at least three (3) Business Days prior to commencing any such Alterations as to the nature, scope and estimated cost written notice of such Alterations ("PERMITTED MINOR ALTERATIONS"); and (ii) Landlord's prior written consent shall not be unreasonably withheld or delayed if the cost of such Alterations is $10,000 or more per individual instance or if, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is $30,000 or more. All Alterations shall be solely at Tenant's expense. Tenant shall indemnify Landlord from any costs or expenses resulting from Tenant's implementation of the Permitted Minor Alterations. Any Alterations, additions or improvements Alterations shall be in accordance with complete plans and specifications meeting the requirements set forth in the Landlord’s Rules and Regulations from time to time in effect and with plans and specifications meeting the requirements set forth in such Rules and Regulations and approved in advance by Landlord. Landlord shall approve or disapprove of Tenant's proposed All Alterations within ten (10) Business Days of Landlord's receipt of such complete plans and specifications and the other required deliveries and information from Tenant set forth in the Rules and Regulations. Landlord shall inform Tenant, at the time of its approval of any Alterations, whether Landlord will require such Alterations to be removed by Tenant upon the expiration or earlier termination of the Lease. Such Alterations work shall (i) be performed in a good and workmanlike manner using only new and only quality materials and in compliance with all applicable laws, Laws; (ii) be made at Tenant's ’s sole cost and expense and at such times and in such a manner as Landlord may from time to time designate, expense; (iii) be made only in accordance with the Rules and Regulations from time to time in effect with respect thereto, and (iv) become part of the Premises and the property of Landlord upon the expiration or earlier termination of the Term of this Lease unless Landlord otherwise notifies Tenant such Alteration must be removed as provided in Section 5.2(e) below; (iv) be made by contractors and subcontractors approved in advance by Landlord; and (v) be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or interfere with the management, maintenance or operation of the Building. At Landlord’s request, Tenant shall, before its work is started, secure assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of labor and materials for the Alterations. If any Alterations shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant's ’s Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality. The provisions of Tenant shall promptly reimburse Landlord for all reasonable costs, including attorneys’, architects’, engineers’, and consultants’ fees, incurred by Landlord in connection with any request from Tenant pursuant to this Section 5.2(a) 5.2. Tenant acknowledges and agrees that any review or approval by Landlord of any plans and/or specifications with respect to any Alterations is solely for Landlord’s benefit, and without any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise. Landlord shall not apply have the right to Tenant's Work, require that Tenant use Landlord’s designated structural contractor and architect for the Building for the design and performance of which shall be governed by EXHIBIT C hereto any Alterations affecting the Structural Elements and/or that Tenant use Landlord’s designated fire and life safety contractor and engineer for the other provisions of this Lease, subject Building to perform Tenant’s connection to the last sentence of Section 3.3 and Section 7.6 of this LeaseBuilding’s fire alarm system or any Alterations that affect the fire alarm or fire/life safety systems in the Building.

Appears in 1 contract

Samples: Lease (Howard Bancorp Inc)

Installations and Alterations by Tenant. (a) Tenant shall make no alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or improvements (collectively, "Alterations") after the completion of Tenant's Work in or to the Premises (including any Alterations, other than the Initial Work, necessary for Tenant's initial occupancy of the Premises) without Landlord's prior written consent. Notwithstanding the foregoing, with respect to non-structural Alterations that do not affect the Building's electrical, plumbing or mechanical systems, (i) Landlord's consent shall not be required if the cost of such Alterations is less than $10,000 per individual instance and, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is less than $30,000, so long as Tenant notifies Landlord in writing at least three (3) Business Days prior to commencing any such Alterations as to the nature, scope and estimated cost of such Alterations ("PERMITTED MINOR ALTERATIONS"); and (ii) Landlord's prior written which consent shall not be unreasonably withheld or delayed if with respect to non-structural Alterations; provided, however, Tenant shall have the right, without Landlord's consent, to make Alterations that (x) do not affect the Structure (as defined in Section 8.1) of the Building or the exterior of the Building, (y) do not have any material effect on the Building's life safety, heating, ventilating, and air- conditioning ("HVAC"), electrical, plumbing or mechanical systems or any other Building systems, and (z) do not cost in excess of $50,000 in any single instance or $100,000 in the aggregate for any twelve (12) month period (any such Alterations is $10,000 or more per individual instance or ifsatisfying the foregoing conditions (x), when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is $30,000 or more(y) and (z) being hereinafter called "Minimal Alterations"). All Any Alterations shall be solely at Tenant's expense. Tenant shall indemnify Landlord from any costs or expenses resulting from Tenant's implementation of the Permitted Minor Alterations. Any Alterations, additions or improvements shall be constructed in accordance with complete plans and specifications meeting the requirements set forth in the Rules and Regulations from time to time in effect and approved in advance by Landlord. , which approval shall not be unreasonably withheld, delayed or conditioned; provided, however, that Tenant shall not be required to submit to Landlord shall approve or disapprove of Tenant's proposed Alterations within ten (10) Business Days of Landlord's receipt of such complete plans and specifications and the other required deliveries and information from Tenant set forth in the Rules and Regulationsfor Minimal Alterations. Landlord shall inform Tenant, at the time of its approval of any Alterations, whether Landlord will require such All Alterations to be removed by Tenant upon the expiration or earlier termination of the Lease. Such Alterations work shall (i) be performed in a good and workmanlike manner and in compliance with all applicable laws, Applicable 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, expense; (iii) be made only in accordance with the Rules and Regulations from time to time in effect with respect thereto, and (iv) become part of the Premises and the property of Landlord (except that (a) if, at the time of Landlord. If any Alterations 's approval of such Alterations, Landlord elects in writing to require Tenant to remove the same, then Tenant shall involve remove the removal same upon Tenant's surrender of fixtures, equipment or other property in the Premises or (b) if, at such time as Tenant requests such approval, Tenant requests the right to remove such Alterations and Landlord approves such removal at the time of its approval of such Alterations, which are approval shall not be unreasonably withheld or delayed, then Tenant shall be permitted to remove such Alterations upon Tenant's surrender of the Premises) except for Tenant's Removable Property, as defined in Section 6.2(c) below; (iv) be constructed in accordance with the Rules and Regulations, and (v) be coordinated with any work being performed by Landlord in such fixtures, equipment a manner as not to damage the Building or property shall be promptly replaced by Tenant at its expense interfere with new fixtures, equipment the construction or property operation of like utility and of at least equal quality. The provisions of this Section 5.2(a) shall not apply to Tenant's Work, the performance of which shall be governed by EXHIBIT C hereto and the other provisions of this Lease, subject to the last sentence of Section 3.3 and Section 7.6 of this LeaseBuilding.

Appears in 1 contract

Samples: Lease (Sycamore Networks Inc)

Installations and Alterations by Tenant. (a) Except as expressly provided herein, Tenant shall make no alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or improvements (collectively, "Alterations") after the completion of Tenant's Work in or to the Premises (including any initial improvements necessary for Tenant's occupancy) without Landlord's prior written consent. Notwithstanding the foregoing, which shall not be unreasonably withheld, conditioned or delayed with respect to non-structural Alterations alterations that do not adversely affect any of the Building's electrical, plumbing or mechanical Building systems, (i) . Landlord's consent shall not be required if the cost of such Alterations is less than $10,000 per individual instance andfor (i) any purely cosmetic alteration that does not affect any Building system, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is less than $30,000, so long as Tenant notifies Landlord in writing at least three (3) Business Days prior to commencing any such Alterations as to the nature, scope and estimated cost of such Alterations ("PERMITTED MINOR ALTERATIONS"); and (ii) Landlord's prior written consent shall any non-structural alteration that does not be unreasonably withheld or delayed if the cost of such Alterations is affect any Building system and costs less than $10,000 or more per individual instance or if, when aggregated with the cost of all other Alterations performed by Tenant over the preceding 50,000 in any one year period, is $30,000 or more. All Alterations shall be solely at Tenant's expense. Tenant shall indemnify Landlord from any costs or expenses resulting from Tenant's implementation of the Permitted Minor Alterationsinstance. Any Alterationsalterations, additions or improvements for which Landlord's consent is required shall (i) be in accordance with complete plans and specifications meeting the requirements set forth in the Rules and Regulations from time to time in effect Exhibit PR and approved in advance by Landlord. Landlord shall approve or disapprove of Tenant's proposed Alterations within ten (10) Business Days of Landlord's receipt of such complete plans and specifications and the other required deliveries and information from Tenant set forth in the Rules and Regulations. Landlord shall inform Tenant, at the time of its approval of any Alterations, whether Landlord will require such Alterations to be removed by Tenant upon the expiration or earlier termination of the Lease. Such Alterations work shall (i) be performed in a good and workmanlike manner and in compliance with all applicable 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 designateaccordance with the standards set forth in Exhibit BS attached hereto, (iii) be made only in accordance with the Rules procedures set forth in Exhibit TW attached hereto by contractors or mechanics approved by Landlord, (iv) be made at Tenant's sole expense and Regulations at such reasonable times and in such reasonable manner as Landlord may from time to time in effect with respect thereto, designate and (ivv) upon installation, become part of the Premises and the property of Landlord. If any Alterations shall involve , provided that Landlord reserves the right, at the time that Landlord consents to such alterations, to require the removal of fixtures, equipment any non-standard office alterations upon the expiration or other property in earlier termination of the Premises which are not Tenant's Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality. The provisions of this Section 5.2(a) shall not apply to Tenant's Work, the performance of which shall be governed by EXHIBIT C hereto and the other provisions Term of this Lease. Notwithstanding the foregoing, subject Tenant shall not be required to remove any items of Landlord's Work installed as part of Tenant's initial occupancy of the last sentence of Section 3.3 and Section 7.6 of this LeasePremises, nor any wiring or cabling installed by Tenant from time to time during the Term.

Appears in 1 contract

Samples: First Marblehead Corp

Installations and Alterations by Tenant. (a) Tenant shall make no --------------------------------------- alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or improvements (collectively, "Alterations") after the completion of Tenant's Work in or to the Premises (including any improvements other than Landlord's Work necessary for Tenant's initial occupancy of the Premises) without Landlord's prior written consent. Notwithstanding the foregoing, which shall not be unreasonably withheld with respect to non-structural Alterations alterations, additions or improvements that do not affect the Building's structure of the Building or the electrical, mechanical or plumbing or mechanical systems, (i) Landlord's consent shall not be required if the cost of such Alterations is less than $10,000 per individual instance and, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is less than $30,000, so long as Tenant notifies Landlord in writing at least three (3) Business Days prior to commencing any such Alterations as to the nature, scope and estimated cost of such Alterations ("PERMITTED MINOR ALTERATIONS"); and (ii) Landlord's prior written consent shall not be unreasonably withheld or delayed if the cost of such Alterations is $10,000 or more per individual instance or if, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is $30,000 or more. All Alterations shall be solely at Tenant's expense. Tenant shall indemnify Landlord from any costs or expenses resulting from Tenant's implementation of the Permitted Minor Alterationssystems therein. Any Alterationssuch alterations, additions or improvements shall be in accordance with complete plans and specifications meeting the requirements set forth in the Rules rules and Regulations regulations from time to time in effect and approved in advance by Landlord. Landlord shall approve or disapprove of Tenant's proposed Alterations within ten (10) Business Days of Landlord's receipt of such complete plans and specifications and the other required deliveries and information from Tenant set forth in the Rules and Regulations. Landlord shall inform Tenant, at the time of its approval of any Alterations, whether Landlord will require such Alterations to be removed by Tenant upon the expiration or earlier termination of the Lease. Such Alterations work shall (i) be performed in a good and workmanlike manner and in compliance with all applicable 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, (iii) be made only in accordance with the Rules rules and Regulations regulations from time to time in effect with respect thereto, and (iv) except to the extent specified by Landlord, and except for Tenant's Removable Property, become part of the Premises and the property of Landlord. If any Alterations alterations or improvements shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant's Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality. The provisions of this Section 5.2(a) shall not apply to Tenant's Work, the performance of which shall be governed by EXHIBIT C hereto and the other provisions of this Lease, subject to the last sentence of Section 3.3 and Section 7.6 of this Lease.

Appears in 1 contract

Samples: Indemnity and Public Liability (Peritus Software Services Inc)

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Installations and Alterations by Tenant. (a) Except as expressly provided herein, Tenant shall make no alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or improvements (collectively, "Alterations") after the completion of Tenant's Work in or to the Premises (including any initial improvements necessary for Tenant’s occupancy) without Landlord's ’s prior written consent. Notwithstanding the foregoing, which shall not be unreasonably withheld, conditioned or delayed with respect to non-structural Alterations alterations that do not adversely affect any of the Building's electrical, plumbing or mechanical Building systems, (i) . Landlord's ’s consent shall not be required if the cost of such Alterations is less than $10,000 per individual instance andfor (i) any purely cosmetic alteration that does not affect any Building system, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is less than $30,000, so long as Tenant notifies Landlord in writing at least three (3) Business Days prior to commencing any such Alterations as to the nature, scope and estimated cost of such Alterations ("PERMITTED MINOR ALTERATIONS"); and (ii) Landlord's prior written consent shall any non-structural alteration that does not be unreasonably withheld or delayed if the cost of such Alterations is affect any Building system and costs less than $10,000 or more per individual instance or if, when aggregated with the cost of all other Alterations performed by Tenant over the preceding 50,000 in any one year period, is $30,000 or more. All Alterations shall be solely at Tenant's expense. Tenant shall indemnify Landlord from any costs or expenses resulting from Tenant's implementation of the Permitted Minor Alterationsinstance. Any Alterationsalterations, additions or improvements for which Landlord’s consent is required shall (i) be in accordance with complete plans and specifications meeting the requirements set forth in the Rules and Regulations from time to time in effect Exhibit PR and approved in advance by Landlord. Landlord shall approve or disapprove of Tenant's proposed Alterations within ten (10) Business Days of Landlord's receipt of such complete plans and specifications and the other required deliveries and information from Tenant set forth in the Rules and Regulations. Landlord shall inform Tenant, at the time of its approval of any Alterations, whether Landlord will require such Alterations to be removed by Tenant upon the expiration or earlier termination of the Lease. Such Alterations work shall (i) be performed in a good and workmanlike manner and in compliance with all applicable 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 designateaccordance with the standards set forth in Exhibit BS attached hereto, (iii) be made only in accordance with the Rules procedures set forth in Exhibit TW attached hereto by contractors or mechanics approved by Landlord, (iv) be made at Tenant’s sole expense and Regulations at such reasonable times and in such reasonable manner as Landlord may from time to time in effect with respect thereto, designate and (ivv) upon installation, become part of the Premises and the property of Landlord. If any Alterations shall involve , provided that Landlord reserves the right, at the time that Landlord consents to such alterations, to require the removal of fixtures, equipment any non-standard office alterations upon the expiration or other property in earlier termination of the Premises which are not Tenant's Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality. The provisions of this Section 5.2(a) shall not apply to Tenant's Work, the performance of which shall be governed by EXHIBIT C hereto and the other provisions Term of this Lease. Notwithstanding the foregoing, subject Tenant shall not be required to remove any items of Landlord’s Work installed as part of Tenant’s initial occupancy of the last sentence of Section 3.3 and Section 7.6 of this LeasePremises, nor any wiring or cabling installed by Tenant from time to time during the Term.

Appears in 1 contract

Samples: Lease (First Marblehead Corp)

Installations and Alterations by Tenant. (a) Tenant shall make no alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or improvements (collectively, "Alterations") after the completion of Tenant's Work in or to the Premises (including any of the Tenant Work, necessary for Tenant’s initial occupancy of the Premises) or any Base Building Systems or Laboratory Systems serving the Premises without Landlord's ’s prior written consent. Notwithstanding the foregoing, which consent shall not be unreasonably withheld, conditioned or delayed with respect to non-structural Alterations that do not adversely affect any portion of the Building's electricalBase Building or Laboratory Systems or the Base Building Systems. Notwithstanding the foregoing, plumbing or mechanical systems, Tenant may make Cosmetic Alterations (ias hereinafter defined) to the Premises without Landlord's ’s consent shall not be required if the cost of such Alterations is less than $10,000 per individual instance and, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is less than $30,000, so long as Tenant notifies Landlord is notified in writing at least three ten (310) Business Days days prior to commencing commencement of any such Alterations as to Cosmetic Alterations. Landlord may, at the naturetime consent is given, scope and estimated cost of such identify in writing any Alterations ("PERMITTED MINOR ALTERATIONS"); and including any of the Tenant Work, necessary for Tenant’s initial occupancy of the Premises) that adversely affect or alter the Structural Elements as Special Improvements (iias hereinafter defined) Landlord's prior written consent which, provided Landlord so identifies such alterations, shall not be unreasonably withheld or delayed if the cost of such Alterations is $10,000 or more per individual instance or if, when aggregated with the cost of all other Alterations performed removed by Tenant over and the preceding one year period, is $30,000 or more. All Alterations shall be solely Premises restored at Tenant's expense. Tenant shall indemnify Landlord from any costs or expenses resulting from Tenant's implementation the end of the Permitted Minor AlterationsTerm pursuant to Section 5.3(e) below. Any Alterations, additions or improvements Alterations shall be in accordance with complete plans and specifications meeting the requirements set forth in the Landlord’s Rules and Regulations from time to time in effect and with plans and specifications meeting the requirements set forth in such Rules and Regulations and approved in advance by Landlord. Landlord shall approve or disapprove of Tenant's proposed All Alterations within ten (10) Business Days of Landlord's receipt of such complete plans and specifications and the other required deliveries and information from Tenant set forth in the Rules and Regulations. Landlord shall inform Tenant, at the time of its approval of any Alterations, whether Landlord will require such Alterations to be removed by Tenant upon the expiration or earlier termination of the Lease. Such Alterations work shall (i) be performed in a good and workmanlike manner using only new and only quality materials and in compliance with all applicable laws, Laws; (ii) be made at Tenant's ’s sole cost and expense and at such times and in such a manner (other than, as Landlord may from time to time designateapplicable, the Landlord’s Contribution); (iii) be made only in accordance with the Rules and Regulations from time to time in effect with respect thereto, and (iv) become part of the Premises and the property of Landlord upon the expiration or earlier termination of the Term of this Lease unless Landlord otherwise notifies Tenant (at the time consent is given) such Alteration must be removed at the end of the Term or earlier expiration of this Lease as provided in Section 5.3(e) below; (iv) be made by contractors and subcontractors reasonably approved in advance by Landlord; and (v) be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or interfere with the management, maintenance or operation of the Building. At Landlord’s request, Tenant shall, before its work is started, secure assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of labor and materials for the Alterations. If any Alterations shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant's ’s Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality. The provisions of this Section 5.2(a) shall not apply to Tenant's Work, the performance of which shall be governed by EXHIBIT C hereto and the other provisions of this Lease, subject to the last sentence of Section 3.3 and Section 7.6 of this Lease.equal

Appears in 1 contract

Samples: Lease Between (Aura Biosciences, Inc.)

Installations and Alterations by Tenant. (a) Tenant shall make no alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or improvements (collectively, "Alterations") after the completion of Tenant's Work in or to the Premises without Landlord's ’s prior written consent. Notwithstanding the foregoing, with respect to non-structural Alterations that do not affect the Building's electrical, plumbing or mechanical systems, (i) Landlord's consent shall not be required if the cost of such Alterations is less than $10,000 per individual instance and, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is less than $30,000, so long as Tenant notifies Landlord in writing at least three (3) Business Days prior to commencing any such Alterations as to the nature, scope and estimated cost of such Alterations ("PERMITTED MINOR ALTERATIONS"); and (ii) Landlord's prior written which consent shall not be unreasonably withheld or delayed if with respect to non-structural alterations, additions and improvements that do not affect the cost of such Alterations is $10,000 Building’s electrical, plumbing or more per individual instance or ifmechanical systems. Notwithstanding the foregoing, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is $30,000 or more. All Alterations no consent shall be solely required for periodic replacement of window or floor coverings, counters, cabinetry or other fixtures or equipment with materials substantially similar to those located at Tenant's expense. Tenant shall indemnify Landlord from any costs or expenses resulting from Tenant's implementation the Premises as of the Permitted Minor AlterationsCommencement Date. Any Alterationssuch alterations, additions or improvements shall be in accordance with complete plans and specifications meeting the requirements set forth in the Rules and Regulations and reasonably approved in advance by Landlord to the extent that the same would customarily be prepared for similar work conducted in first class buildings in the greater Boston area. All work performed by Tenant shall be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or interfere with the construction or operation of the Building, and, except for installation of furnishings, shall be performed by contractors or workers first approved by Landlord in writing, such approval not to be unreasonably withheld or delayed. Tenant shall, before its work is started: (i) secure all necessary licenses and permits; (ii) deliver to Landlord a statement of the names of all its contractors and subcontractors and assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of such labor and materials; and (iii) cause each contractor to carry workers’ compensation insurance in statutory amounts covering all the contractor’s and subcontractor’s employees and comprehensive public liability insurance with such limits as Landlord reasonably may require, but in no event less than a combined single limit of two million dollars ($2,000,000), and any other insurance which Landlord reasonably may from time to time require, all such insurance to be written in effect companies approved by Landlord and approved in advance by Landlord. insuring Landlord shall approve or disapprove of Tenant's proposed Alterations within ten (10) Business Days of Landlord's receipt and Tenant as well as the contractors, and deliver to Landlord certificates of such complete plans and specifications and the other required deliveries and information from Tenant set forth in the Rules and Regulations. Landlord shall inform Tenant, at the time of its approval of any Alterations, whether Landlord will require such Alterations to be removed by Tenant upon the expiration or earlier termination of the Leaseinsurance. Such Alterations work shall (i) be performed in a good and workmanlike manner and in compliance with all applicable laws, ordinances and regulations, (ii) be made at Tenant's ’s sole cost and expense and at such times and in such a manner as Landlord may from time to time reasonably designate, (iii) be made only in accordance with the Rules and Regulations from time to time in effect with respect thereto, and (iv) become part of the Premises and the property of LandlordLandlord unless Landlord notifies Tenant in writing at the time of approval that Tenant must remove such work and restore the Premises to the condition existing immediately prior to the commencement of such work. Tenant shall not in any event be required to remove any leasehold improvements, additions or alterations heretofore made by or for Tenant in the Premises prior to the date of this Lease. If any Alterations alterations or improvements shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant's ’s Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality. The provisions If Landlord’s consideration of any request by Tenant requires any third party professional review or approval (such as legal, architectural or accounting in Landlord’s reasonable judgment), and if Landlord retains such a third party professional therefor, Tenant shall promptly reimburse Landlord for all actual and reasonable third party costs, including attorneys’, architects’, engineers’, and consultants’ fees, incurred by Landlord in connection with any request from Tenant pursuant to this Section 5.2(a) 5.2. Tenant shall not apply not, however, be required to pay Landlord any charge or fee for supervision of construction, profit, overhead or general conditions in connection with any alteration, addition or improvement performed under the direction of Tenant and by third parties engaged exclusively by Tenant's Work, the performance of which shall provided, however, that such supervisory fees may be governed imposed by EXHIBIT C hereto and the other provisions of this Lease, subject Landlord to the last sentence extent that any of Section 3.3 and Section 7.6 Tenant’s alterations, additions or improvements are to be performed by or at the direction of this LeaseLandlord.

Appears in 1 contract

Samples: Bright Horizons Family Solutions Inc.

Installations and Alterations by Tenant. (a) a. Tenant shall make no alterations, additions (including, for the purposes purpose hereof, wall-to-wall carpeting), or improvements (collectively, "Alterations") after the completion of Tenant's Work in or to the Demised Premises without Landlord's prior written consent. Notwithstanding the foregoing, with respect to non-structural Alterations that do not affect the Building's electrical, plumbing or mechanical systems, (i) Landlord's consent shall not be required if the cost of such Alterations is less than $10,000 per individual in each instance and, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is less than $30,000, so long as Tenant notifies Landlord in writing at least three (3) Business Days prior to commencing any such Alterations as to the nature, scope and estimated cost of such Alterations ("PERMITTED MINOR ALTERATIONS"); and (ii) Landlord's prior written consent shall not be unreasonably withheld or delayed if the cost of such Alterations is $10,000 or more per individual instance or if, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is $30,000 or more. All Alterations shall be solely at Tenant's expense. Tenant shall indemnify Landlord from any costs or expenses resulting from Tenant's implementation of the Permitted Minor Alterationsobtained. Any Alterationssuch alterations, additions or improvements shall (i) be in accordance with complete plans and specifications meeting the requirements set forth in the Rules and Regulations from time to time in effect and approved in advance by Landlord. Landlord shall approve or disapprove of Tenant's proposed Alterations within ten (10) Business Days of Landlord's receipt of such complete plans and specifications and the other required deliveries and information from Tenant set forth in the Rules and Regulations. Landlord shall inform Tenant, at the time of its approval of any Alterations, whether Landlord will require such Alterations to be removed by Tenant upon the expiration or earlier termination of the Lease. Such Alterations work shall (iii) be performed using new materials in a good and workmanlike manner in accordance with sound building practices and in compliance with all applicable laws, (iiiii) be made only by contractors or mechanics approved by Landlord and who (A) carry general liability and property damage insurance in type and amount acceptable to Landlord and (B) have filed xxxx xxxxx, lien waivers or the like in such form as is acceptable to Landlord in Landlord's sole discretion, (iv) 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, ; (iiiv) be made only in accordance with subject to Landlord's construction management charge equal to ten percent (10%) of the Rules and Regulations from time to time in effect with respect theretototal costs of such alterations, additions or improvements; and (ivvi) become part of the Demised Premises and the property of Landlord. If any Alterations shall involve Unless otherwise stated in Landlord's consent, Landlord reserves the removal of fixturesright to require such alterations, equipment additions or other property improvements placed in or upon the Demised Premises which are not by Tenant, or portions thereof, to be removed by Tenant, and to replace previously removed improvements, all at Tenant's Removable Propertyexpense, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality. The provisions of this Section 5.2(a) shall not apply to Tenant's Work, the performance of which shall be governed by EXHIBIT C hereto and the other provisions of this Lease, subject prior to the last sentence expiration of Section 3.3 and Section 7.6 of this Leasethe Term.

Appears in 1 contract

Samples: Lease Agreement (Cdnow N2k Inc)

Installations and Alterations by Tenant. (a) Tenant shall make no alterations, additions or improvements (including, for but not be limited to, the purposes hereofinstallation or alteration of security or fire protection systems, wall-to-communication systems, millwork, shelving, file retrieval or storage systems, carpeting or other floor covering, window and wall carpeting)coverings, electrical distribution systems, lighting fixtures, telephone or improvements (collectivelycomputer system wiring, "Alterations"HVAC and plumbing) after the completion of Tenant's Work in or to the Premises (including, any improvements necessary for Tenant’s initial occupancy of the Premises) without Landlord's ’s prior written consent. Notwithstanding the foregoing, with respect to non-structural Alterations that do not affect the Building's electrical, plumbing or mechanical systems, (i) Landlord's consent shall not be required if the cost of such Alterations is less than $10,000 per individual instance and, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is less than $30,000, so long as Tenant notifies Landlord in writing at least three (3) Business Days prior to commencing any such Alterations as to the nature, scope and estimated cost of such Alterations ("PERMITTED MINOR ALTERATIONS"); and (ii) Landlord's prior written consent which shall not be unreasonably withheld and shall not be required for (i) any standard “floating” shelving or delayed if cubicles to be installed or moved within the Premises or (ii) any cosmetic alterations, in either case that (x) does not require a building or other permit or approval, (y) does not affect the Building structure or systems and (z) does not cost of such Alterations is more than $10,000 or more per individual instance or if, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is $30,000 or more. All Alterations shall be solely at Tenant's expense. Tenant shall indemnify Landlord from any costs or expenses resulting from Tenant's implementation of the Permitted Minor Alterations25,000.00. Any Alterationssuch alterations, additions or improvements shall be in accordance with complete plans and specifications meeting (to the requirements set forth in the Rules and Regulations from time to time in effect and extent plans and/or specifications would customarily be prepared for such work) approved in advance by Landlord. Landlord shall approve or disapprove All of Tenant's proposed Alterations within ten (10) Business Days ’s alterations and additions and installation and delivery of Landlord's receipt of telephone systems, furnishings, and equipment shall be coordinated with any work being performed by Landlord and shall be performed in such complete plans manner, and specifications by such persons as shall maintain harmonious labor relations and not cause any damage to the other required deliveries and information from Tenant set forth in the Rules and Regulations. Landlord shall inform Tenant, at the time of its approval of any Alterations, whether Landlord will require such Alterations to be removed by Tenant upon the expiration Building or earlier termination of the Leaseinterference with Building construction or operation. Such Alterations work shall (i) be performed in a good and workmanlike manner and in compliance with all applicable laws, (ii) be made at Tenant's ’s sole cost and expense and at such times and in such a manner as Landlord may from time to time designate, (iii) be made only in accordance with the Rules and Regulations from time to time construction regulations set forth in effect with respect theretoExhibit C attached hereto, and (iviii) become part of the Premises and the property of Landlord. If at the time of requesting Landlord’s consent to any Alterations alteration, addition or improvement, Tenant requests in writing that Landlord make a determination as to whether Landlord will require the same to be removed at the expiration or termination of this Lease, then except to the extent Landlord notifies Tenant in writing at the time Landlord gives its consent that such alteration, addition or improvement need not be removed at the expiration or sooner termination of the Term, then Landlord may subsequently require that Tenant remove such alteration, addition or improvement and restore the Premises (and any affected portions of the Building) to their prior condition, at Tenant’s expense, at the expiration or sooner termination of this Lease. If any alterations or improvements shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant's ’s Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality. The provisions of this Section 5.2(a) shall not apply Tenant agrees to Tenant's Workpay promptly when due, and to defend and indemnify Landlord from and against, the performance entire cost of which shall be governed any work done on the Premises by EXHIBIT C hereto Tenant, its agents, employees or independent contractors, and the other provisions of this Lease, subject not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the last sentence of Section 3.3 Building or the Property and Section 7.6 of this Leasepromptly to discharge (by bonding or otherwise) any such liens which may so attach.

Appears in 1 contract

Samples: Lease (Cerevel Therapeutics Holdings, Inc.)

Installations and Alterations by Tenant. (a) Tenant shall make no alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or improvements (collectively, "Alterations") after the completion of Tenant's Work in or to the Premises (including Tenant's Work) without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, except that if the Alterations affect or involve the Building's electrical, plumbing or mechanical systems or any other Building systems, or the roof of the Building, and such Alterations affect other tenants of the Building or the Property, or the Common Facilities, then Landlord's consent shall be granted or withheld in its sole discretion. Notwithstanding the foregoing, with respect to Tenant may, without the necessity of acquiring Landlord's consent, perform non-structural Alterations that do not affect or involve the Building's electrical, plumbing or mechanical systems or any other Building systems, (i) Landlord's consent shall not be required if or the cost roof of the Building, and such Alterations is less than $10,000 per individual instance and, when aggregated with the cost of all do not affect other Alterations performed by Tenant over the preceding one year period, is less than $30,000, so long as Tenant notifies Landlord in writing at least three (3) Business Days prior to commencing any such Alterations as to the nature, scope and estimated cost of such Alterations ("PERMITTED MINOR ALTERATIONS"); and (ii) Landlord's prior written consent shall not be unreasonably withheld or delayed if the cost of such Alterations is $10,000 or more per individual instance or if, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is $30,000 or more. All Alterations shall be solely at Tenant's expense. Tenant shall indemnify Landlord from any costs or expenses resulting from Tenant's implementation tenants of the Permitted Minor AlterationsBuilding or the Property, or the Common Facilities, and do not exceed $20,000.00 in cost in each instance. Any Alterations, additions or improvements Alterations shall be in accordance with complete the Rules and Regulations in effect with respect thereto and with plans and specifications meeting the requirements set forth in the Rules and Regulations from time to time in effect and approved in advance by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall approve or disapprove of Tenant's proposed Alterations within ten (10) Business Days of Landlord's receipt of such complete plans and specifications and the other required deliveries and information from Tenant set forth in the Rules and Regulations. Landlord shall inform Tenant, at the time of its approval of any Alterations, whether Landlord will require such Alterations to be removed by Tenant upon the expiration or earlier termination of the Lease. Such Alterations All work shall (i) be performed in a good and workmanlike manner and in compliance with all applicable laws, ordinances and regulations; (ii) be made at Tenant's sole cost and expense and at such times and in such a manner as Landlord may from time (subject to time designate, Landlord's Contribution with respect to Tenant's Work only); (iii) be made only in accordance with the Rules and Regulations from time to time in effect with respect thereto, and (iv) become part of the Premises and the property of Landlord, except for those items specified on Exhibit K attached hereto and incorporated herein; and (iv) be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or unreasonably interfere with the construction or operation of the Building. At Landlord's request, Tenant shall, before its work is started, secure assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of labor and materials for the Alterations. If any Alterations shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant's Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality. The provisions of this Section 5.2(a) shall not apply Except with respect to Tenant's Work, Tenant shall promptly reimburse Landlord for all reasonable costs, including attorneys', architects', engineers', and consultants' fees, incurred by Landlord in connection with any request from Tenant pursuant to this Section 5.2. Notwithstanding the performance foregoing, Tenant has the right to install an acid neutralization tank (the "Tank"), as well as all associated piping, provided that such Tank and piping be not more than six (6) feet below the finished floor of which the Building. Such installation shall be governed by EXHIBIT C hereto subject to Landlord's prior approval, which approval shall not be unreasonably withheld, and the other provisions of this Lease, subject to the last sentence of Section 3.3 and Section 7.6 of this Lease5.2.

Appears in 1 contract

Samples: Lease (Repligen Corp)

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