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") in or to the Premises (including any Alterations necessary for Tenant's initial occupancy of the Premises) without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed with respect to non-structural Alterations that do not materially adversely affect or involve the Building's life safety, HVAC, electrical, plumbing or mechanical systems or any other Building systems. Any Alterations shall be in accordance with the Rules and Regulations in effect with respect thereto and with plans and specifications meeting the requirements set forth in the Rules and Regulations and approved in advance by Landlord. All Alterations shall be (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; (iii) at the election of Landlord, become part of the Premises and the property of Landlord except for all articles of personal property, business fixtures, machinery, equipment and furniture owned or installed by Tenant solely at its expense in the Premises, including without limitation, Tenant's Rooftop Equipment as defined in Section 15.18(a) (collectively, "Tenant's Removable Property"); and (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. 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. Notwithstanding the foregoing, Tenant shall have the right to make Alterations without Landlord's approval so long as the same (1) do not affect the Structure as defined in Section 7.1 herein or the roof, window frames, outside walls, or building systems of the Building and (2) do not have an aggregate cost of more than $50,000 in any one year. 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.

Appears in 1 contract

Samples: Lease (Silverstream Software Inc)

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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") in or to the Premises (including any Alterations Alterations, other than Landlord's Work, necessary for Tenant's initial occupancy of the Premises) without Landlord's ' s prior written consent, which consent shall not be unreasonably withheld or delayed with respect to non-structural Alterations that do not materially adversely affect or involve the Building's life safety, HVAC, ' s electrical, plumbing or mechanical systems or any other Building systems. Any Alterations shall be in accordance with the Rules and Regulations in effect with respect thereto and with plans and specifications meeting the requirements set forth in the Rules and Regulations and approved in advance by Landlord. All Alterations work shall be (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; (iii) at the election of Landlord, become part of the Premises and the property of Landlord except for all articles of personal property, business fixtures, machinery, equipment and furniture owned or installed by Tenant solely at its expense unless Landlord shall require their removal as provided in the Premises, including without limitation, Tenant's Rooftop Equipment as defined in Section 15.18(a) (collectively, "Tenant's Removable Property")this Lease; and (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. 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. Notwithstanding the foregoing, Tenant shall have the right to make Alterations without Landlord's approval so long as the same (1) do not affect the Structure as defined in Section 7.1 herein or the roof, window frames, outside walls, or building systems of the Building and (2) do not have an aggregate cost of more than $50,000 in any one year. 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.

Appears in 1 contract

Samples: Expansion Agreement (Sonus Networks 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") in or to the Premises (including any Alterations Alterations, other than Landlord’s Work, necessary for Tenant's ’s initial occupancy of the Premises) without Landlord's ’s prior written consent, which consent shall not be unreasonably withheld or delayed with respect to non-structural Alterations that do not materially adversely affect or involve the Building's life safety, HVAC, ’s electrical, plumbing or mechanical systems or any other Building systems. Any Alterations shall be in accordance with the Rules and Regulations in effect with respect thereto and with plans and specifications meeting the requirements set forth in the Rules and Regulations and approved in advance by Landlord. All Alterations work shall be (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 expenseexpense subject to reimbursement from Landlord’s Contribution in accordance with Section 4.1(c), if any then remaining; (iii) at the election of Landlord, become part of the Premises and the property of Landlord except for all articles of personal property, business fixtures, machinery, equipment and furniture owned or installed by Tenant solely at its expense in the Premises, including without limitation, Tenant's Rooftop Equipment as defined in Section 15.18(a) (collectively, "Tenant's Removable Property")Landlord; and (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. At Landlord's ’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. Notwithstanding the foregoing, Tenant shall have the right to make Alterations without Landlord's approval so long as the same (1) do not affect the Structure as defined in Section 7.1 herein or the roof, window frames, outside walls, or building systems of the Building and (2) do not have an aggregate cost of more than $50,000 in any one year. 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.

Appears in 1 contract

Samples: Lease (Ameresco, 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, "AlterationsALTERATIONS") in or to the Premises (including any Alterations necessary for Tenant's initial occupancy of the Premises) without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed with respect to non-structural Alterations that do not materially adversely affect or involve the Building's life safety, HVAC, electrical, plumbing or mechanical systems or any other Building systems. Any Alterations shall be in accordance with the Rules and Regulations in effect with respect thereto and with plans and specifications meeting the requirements set forth in the Rules and Regulations and approved in advance by Landlord. All Alterations work shall be (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; (iii) at the election of Landlord, become part of the Premises and the property of Landlord except for all articles of personal property, business fixtures, machinery, equipment and furniture owned or installed by Tenant solely at its expense in the Premises, including without limitation, Tenant's Rooftop Equipment as defined in Section 15.18(a) (collectively, "Tenant's Removable Property")Landlord; and (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. 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. Notwithstanding the foregoing, Tenant shall have the right to make Alterations without Landlord's approval so long as the same (1) do not affect the Structure as defined in Section 7.1 herein or the roof, window frames, outside walls, or building systems of the Building and (2) do not have an aggregate cost of more than $50,000 in any one year. 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. 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 in an amount not to exceed 5% of the hard construction costs of such alterations.

Appears in 1 contract

Samples: Lease (Compbenefits Corp)

Installations and Alterations by Tenant. (a) Tenant shall make no alterations, additions (including, for the purposes hereof, wall-to-wall carpeting)additions, or improvements (collectively, "AlterationsALTERATIONS") in or to the Premises (including any Alterations Alterations, other than the Initial Work, necessary for Tenant's initial occupancy of the Premises) without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed with respect to non-structural Alterations that do not materially adversely affect or involve the Building's life safety, heating, ventilating, and air-conditioning ("HVAC"), electrical, plumbing or mechanical systems or any other Building systems. Any Alterations shall be in accordance with the Rules and Regulations in effect with respect thereto and with plans and specifications meeting the requirements set forth in the Rules and Regulations and approved in advance by Landlord. All Alterations shall be (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; (iii) at except for the election of LandlordTest Pits and Tenant's Removable Property, as defined in SECTION 6.2(C) below, become part of the Premises and the property of Landlord, (unless at the time of Landlord's approval of such Alterations, Landlord except for all articles elects in writing to require Tenant to remove the same upon Tenant's surrender of personal property, business fixtures, machinery, equipment and furniture owned or installed by Tenant solely at its expense in the Premises, including without limitation, Tenant's Rooftop Equipment as defined in Section 15.18(a) (collectively, "Tenant's Removable Property"); and (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. 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. Notwithstanding the foregoing, Tenant shall have the right to make Alterations without Landlord's approval so long as the same (1) do not affect the Structure as defined in Section 7.1 SECTION 8.1 herein or the roof, window frames, outside walls, or the HVAC or other building systems of the Building and (2) do not have an aggregate cost of more than $50,000 10,000 in any one year. If any Alterations In addition, Tenant may apply for such permits as are necessary, and when and if the same are issued, shall involve have the removal of fixturesright to install, equipment or other property in the Premises which are not at Tenant's Removable Propertysole cost and expense, such fixtures, equipment or property an above-ground storage tank of up to 1,000 gallons for the storage of liquid nitrogen at the Property at a location to be approved in writing by Landlord. Such tank shall be promptly replaced by deemed an Alteration hereunder for which Tenant shall be required to comply with all other provisions of this ARTICLE 6. Tenant shall be required to remove the tank at its expense with new fixtures, equipment the expiration or property earlier termination of like utility and of at least equal qualitythe Term hereof.

Appears in 1 contract

Samples: Lease (Beacon Power 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") in or to the Premises (including any Alterations Alterations, other than Landlord's Work, necessary for Tenant's initial occupancy of the Premises) without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed with respect to non-structural Alterations that do not materially adversely affect or involve the Building's life safety, HVAC, electrical, plumbing or mechanical systems or any other Building systems. Notwithstanding the foregoing, Tenant may make non-structural Alterations that do not affect or involve the Building's electrical, plumbing or mechanical systems or any other Building systems and costing less than $5,000.00 without Landlord's prior consent. Any Alterations shall be in accordance with the Rules and Regulations in effect with respect thereto and with plans and specifications meeting the requirements set forth in the Rules and Regulations and approved in advance by Landlord. All Alterations work shall be (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; (iii) at the election of Landlord, become part of the Premises and the property of Landlord except for all articles of personal property, business fixtures, machinery, equipment and furniture owned or installed by Tenant solely at its expense in the Premises, including without limitation, Tenant's Rooftop Equipment as defined in Section 15.18(a) (collectively, "Tenant's Removable Property")Landlord; and (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. 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. Notwithstanding the foregoing, Tenant shall have the right to make Alterations without Landlord's approval so long as the same (1) do not affect the Structure as defined in Section 7.1 herein or the roof, window frames, outside walls, or building systems of the Building and (2) do not have an aggregate cost of more than $50,000 in any one year. 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.

Appears in 1 contract

Samples: Lease (PSW Technologies Inc)

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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") in or to the Premises (including any Alterations Alterations, other than Landlord's Work, necessary for Tenant's initial occupancy of the Premises) without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed with respect to non-structural Alterations that do not materially adversely affect or involve the Building's life safety, HVAC, electrical, plumbing or mechanical systems or any other Building systems. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations costing less than $5,000.00 per project without Landlord's consent. Any Alterations shall be in accordance with the Rules and Regulations in effect with respect thereto and with plans and specifications meeting the requirements set forth in the Rules and Regulations and approved in advance by Landlord. All Alterations work shall be (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; (iii) at the election of Landlord, become part of the Premises and the property of Landlord except for all articles of personal property, business fixtures, machinery, equipment and furniture owned or installed by Tenant solely at its expense in the Premises, including without limitation, Tenant's Rooftop Equipment as defined in Section 15.18(a) (collectively, "Tenant's Removable Property")Landlord; 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 reasonable 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. Notwithstanding the foregoing, Tenant shall have the right to make Alterations without Landlord's approval so long as the same (1) do not affect the Structure as defined in Section 7.1 herein or the roof, window frames, outside walls, or building systems of the Building and (2) do not have an aggregate cost of more than $50,000 in any one year. 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.

Appears in 1 contract

Samples: Lease (Telehublink 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, "AlterationsALTERATIONS") in or to the Premises (including any Alterations necessary for Tenant's initial occupancy of the Premises) without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed with respect to non-structural Alterations that do not materially adversely affect or involve the Building's life safety, HVAC, electrical, plumbing or mechanical systems or any other Building systems. Any Alterations shall be in accordance with the Rules and Regulations in effect with respect thereto and with plans and specifications meeting the requirements set forth in the Rules and Regulations and approved in advance by Landlord. All Alterations shall be (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; (iii) at the election of Landlord, become part of the Premises and the property of Landlord except for all articles of personal property, business fixtures, machinery, equipment and furniture owned or installed by Tenant solely at its expense in the Premises, including without limitation, Tenant's Rooftop Equipment as defined in Section 15.18(aSECTION 15.18(A) (collectively, "Tenant's Removable PropertyTENANT'S REMOVABLE PROPERTY"); and (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. 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. Notwithstanding the foregoing, Tenant shall have the right to make Alterations without Landlord's approval so long as the same (1) do not affect the Structure as defined in Section 7.1 herein or the roof, window frames, outside walls, or building systems of the Building and (2) do not have an aggregate cost of more than $50,000 in any one year. 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.by

Appears in 1 contract

Samples: Silverstream Software Inc

Installations and Alterations by Tenant. (a) Tenant shall make no alterations, additions (including, for the purposes hereof, wall-to-wall to wall carpeting), or improvements (collectively, "Alterations") in or to the Premises (including Tenant’s Work and any other Alterations necessary for Tenant's ’s initial occupancy of the Premises) or any Base Building Systems serving the Premises without Landlord's ’s prior written consent, which consent shall not be unreasonably withheld or delayed with respect to non-structural Alterations that do not materially adversely affect or involve any portion of the Building's life safety, HVAC, electrical, plumbing Base Building or mechanical systems or any other the Base Building systemsSystems. Any Alterations shall be in accordance with the Landlord’s Rules and Regulations from time to time in effect with respect thereto and with plans and specifications meeting the requirements set forth in the such Rules and Regulations and approved in advance by Landlord. All Alterations shall be (i) be performed in a good and workmanlike manner using only new and only quality materials and in compliance with all applicable laws, ordinances and regulationsLaws; (ii) be made at Tenant's ’s sole cost and expense; (iii) at the election of Landlord, become part of the Premises and the property of Landlord except for all articles upon the expiration or earlier termination of personal property, business fixtures, machinery, equipment and furniture owned or installed by the Term of this Lease unless Landlord otherwise notifies Tenant solely at its expense in the Premises, including without limitation, Tenant's Rooftop Equipment such Alteration must be removed as defined provided in Section 15.18(a5.2(e) below; (collectively, "Tenant's Removable Property")iv) be made by contractors and subcontractors approved in advance by Landlord; and (ivv) be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or interfere with the construction management, maintenance or operation of the Building. At Landlord's ’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. Notwithstanding the foregoing, Tenant shall have the right to make Alterations without Landlord's approval so long as the same (1) do not affect the Structure as defined in Section 7.1 herein or the roof, window frames, outside walls, or building systems of the Building and (2) do not have an aggregate cost of more than $50,000 in any one year. 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. 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. 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 have the right to require that Tenant use Landlord’s designated structural contractor and architect for the Building for the design and performance of any Alterations affecting the Structural Elements and/or that Tenant use Landlord’s designated fire and life safety contractor and engineer for the Building to perform Tenant’s connection to the Building’s fire alarm system or any Alterations that affect the fire alarm or fire/life safety systems in the Building. Notwithstanding the foregoing, Tenant may, without Landlord’s prior consent but upon notice (which shall reasonably describe the Alterations) to Landlord perform Alterations within the Premises provided (a) the cost of such Alteration does not exceed $25,000 in each instance, (b) such work does not affect the structure of the Building or the Building Systems, and (c) such work does not require a building permit (such Alterations are referred to herein as “Cosmetic Alterations”).

Appears in 1 contract

Samples: Lease (Arsanis, Inc.)

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