INTERIOR ALTERATIONS. Except for ordinary office decorations (that are not leasehold improvements), any partitioning, painting, installation, removal or alteration of utility lines, flooring (excluding carpet), paneling, mechanical equipment (heating, ventilating or air conditioning), plumbing, electrical, gas, water, sewer, interior, exterior, roof or other alterations, changes or additions to the Demised Premises which Tenant may desire to perform or make (the “Alterations”) shall be subject to the following conditions, namely: (i) no such Alterations shall be done without Landlord’s express prior written consent in each instance; (ii) complete plans and specifications and a cost estimate for any such Alterations (if reasonably required due to the nature of the work contemplated) shall be submitted to Landlord and Landlord’s written approval thereof obtained prior to commencement of such Alterations (which Alterations shall be done in strict compliance with such plans and specifications if and as so approved); (iii) the Alterations are to be done in compliance with all applicable governmental laws, codes, orders and regulations, without any damage to the Demised Premises or the Building of which same are a part or to any property of Landlord or other tenants, free of liens and claims and all at Tenant’s sole cost and expense; (iv) Tenant is to promptly discharge and to indemnify and save Landlord harmless from all liens and claims arising from such Alterations; and (v) if so requested by Landlord at the time of approval, the Tenant will remove such Alterations and restore the Demised Premises to their condition prior thereto by not later than the expiration or termination of this Lease. Landlord’s consent for the Alterations shall be deemed to have been granted if Landlord fails to respond to Tenant’s written request to make the Alterations, when submitted as required above, within three (3) business days for Alterations estimated to cost less than $10,000.00 or within seven (7) business days for Alterations estimated to cost more than $10,000.00. Notwithstanding the foregoing, Tenant shall have the right to make cosmetic alterations such as painting (other than black or similarly dark colors), and carpeting throughout the Stated Term of this Lease. Landlord shall incur no liability by approving or not approving Tenant’s plans, specifications or work (such actions by Landlord and approvals and conditions imposed for Tenant’s approval being solely for its own benefit and not being any assurance by Landlord as to the legality or technical sufficiency or safety of Tenant’s plans, specifications or work). It is agreed that all work, materials, machinery, apparatus, leasehold improvements and other installations and alterations to the Demised Premises including, without limitation, partitions, interior and exterior doors and door opening machinery, lighting and plumbing fixtures, flooring, wall and window coverings, mechanical equipment for the Building, utility lines and equipment, loading facilities, elevators, and other items of any kind (except only Tenant’s merchandise, laboratory, computer and office equipment, trade fixtures, furniture and movable personal property), whether installed by Landlord or Tenant, shall at all times belong solely to Landlord and shall not be removed by Tenant; except for such alterations and installations made by Tenant which the Landlord requests Tenant to remove at the expiration or termination hereof, and except for the personal property of Tenant to be removed by the expiration or termination of this Lease, as reflected by a schedule of personal property provided by Tenant to Landlord prior to the Rent Commencement Date, which schedule may be periodically updated from time to time. It is also agreed that all intellectual property, biological samples, scientific instrumentation, computers, routers, storage devices, servers, software, data, databases, and such other things pertaining to Tenant’s business, research, design and development activities (or those of Tenant’s collaborators, clients or affiliates) shall at all times belong solely to Tenant (or to Tenant’s collaborators, clients or affiliates, as the case may be). At least ninety (90) days prior to the expiration of the Lease, or upon request by the Mortgagee, Tenant shall provide Landlord with a current, updated “as built” plan of the Demised Premises.
Appears in 1 contract
INTERIOR ALTERATIONS. Except for ordinary office decorations (that are not leasehold improvements), any partitioning, painting, installation, removal or alteration of utility lines, flooring (excluding carpet)flooring, paneling, mechanical equipment (heating, ventilating or air conditioning), plumbing, electrical, gas, water, sewer, interior, exterior, roof or other alterations, changes or additions to the Demised Premises which Tenant may desire to perform or make (the “"Alterations”") shall be subject to the following conditions, namely: (i) no such Alterations shall be done without Landlord’s 's express prior written consent in each instance; (ii) complete plans and specifications and a cost estimate for any such Alterations (if reasonably required due to the nature of the work contemplated) shall be submitted to Landlord and Landlord’s 's written approval thereof obtained prior to commencement of such Alterations (which Alterations shall be done in strict compliance with such plans and specifications if and as so approved); (iii) the Alterations are to be done in compliance with all applicable governmental laws, codes, orders and regulations, without any damage to the Demised Premises or the Building of which same are a part or to any property of Landlord or other tenants, free of liens and claims and all at Tenant’s 's sole cost and expense; (iv) Tenant is to promptly discharge and to indemnify and save Landlord harmless from all liens and claims arising from such Alterations; and (v) if so requested by Landlord at the time of approval, the Tenant will remove such Alterations and restore the Demised Premises to their condition prior thereto by not later than the expiration or termination of this Lease. Landlord’s 's consent for the Alterations shall be deemed to have been granted if Landlord fails to respond to Tenant’s 's written request to make the Alterations, when submitted as required above, within three two (32) business days for Alterations estimated to cost less than $10,000.00 or within seven (7) business days for Alterations estimated to cost more than $10,000.00. Notwithstanding the foregoing, Tenant shall have the right to make cosmetic alterations such as painting (other than black or similarly dark colors), and carpeting throughout the Stated Term of this Lease. Landlord shall incur no liability by approving or not approving Tenant’s 's plans, specifications or work (such actions by Landlord and approvals and conditions imposed for Tenant’s 's approval being solely for its own benefit and not being any assurance by Landlord as to the legality or technical sufficiency or safety of Tenant’s plans, specifications or work). It is agreed that all work, materials, machinery, apparatus, leasehold improvements and other installations and alterations to the Demised Premises including, without limitation, partitions, interior and exterior doors and door opening machinery, lighting and plumbing fixtures, flooring, wall and window coverings, mechanical equipment for the Building, utility lines and equipment, loading facilities, elevators, and other items of any kind (except only Tenant’s merchandise, laboratory, computer and office equipment, trade fixtures, furniture and movable personal property), whether installed by Landlord or Tenant, shall at all times belong solely to Landlord and shall not be removed by Tenant; except for such alterations and installations made by Tenant which the Landlord requests Tenant to remove at the expiration or termination hereof, and except for the personal property of Tenant to be removed by the expiration or termination of this Lease, as reflected by a schedule of personal property provided by Tenant to Landlord prior to the Rent Commencement Date, which schedule may be periodically updated from time to time. It is also agreed that all intellectual property, biological samples, scientific instrumentation, computers, routers, storage devices, servers, software, data, databases, and such other things pertaining to Tenant’s business, research, design and development activities (or those of Tenant’s collaborators, clients or affiliates) shall at all times belong solely to Tenant (or to Tenant’s collaborators, clients or affiliates, as the case may be). At least ninety (90) days prior to the expiration of the Lease, or upon request by the Mortgagee, Tenant shall provide Landlord with a current, updated “as built” plan of the Demised Premises.by
Appears in 1 contract
INTERIOR ALTERATIONS. Except for ordinary office decorations (that are not leasehold improvements), any partitioning, painting, installation, removal or alteration of utility lines, flooring (excluding carpet)flooring, paneling, mechanical equipment (heating, ventilating or air conditioning), security system, plumbing, electrical, gas, water, sewer, interior, exterior, roof or other alterations, changes or additions to the Demised Premises which Tenant may desire to perform or make (the “Alterations”) shall be subject to the following conditions, namely: (i) no such Alterations shall be done without Landlord’s express prior written consent in each instance; (ii) complete plans and specifications specifications, including AutoCAD drawings (.dwg files), if available, for any such Alterations and a cost estimate for any such Alterations (if reasonably required requested by Landlord due to the nature of the work contemplated) shall be submitted to Landlord and Landlord’s written approval thereof obtained prior to commencement of such Alterations (which Alterations shall be done in strict compliance with such plans and specifications if and as so approved); (iii) the Alterations are to be done in compliance with all applicable governmental laws, codes, orders and regulations, without any damage to the Demised Premises or the Building of which same are a part or to any property of Landlord or other tenants, free of liens and claims and all at Tenant’s sole cost and expense; (iv) Tenant is to promptly discharge and to indemnify and save Landlord harmless from all liens and claims arising from any such Alterations; and (v) if so requested by Landlord at the time of approval, the Tenant will remove such Alterations and restore the Demised Premises to their condition prior thereto by not later than the expiration or termination of this Lease. Landlord’s consent ; and (vi) prior to commencement of any Alterations, Tenant shall furnish evidence satisfactory to Landlord that (a) Tenant has contractual liability coverage for the work included in the Alterations shall be deemed in addition to have been granted if the liability insurance required pursuant to Section 6 of this Lease, (b) any contractor(s) engaged by Tenant to perform the Alterations has commercial general liability insurance with coverage limits not less than the insurance requirements set forth in Section 6 of the Lease with Landlord fails to respond to Tenant’s written request to make designated as additional named insured, and (c) Tenant has in force special form property fire and extended casualty insurance coverage for the full actual replacement cost of the Alterations, when submitted with Landlord designated as required aboveadditional named insured and loss payee. If Tenant elects to have the Alterations constructed by a contractor other than Landlord, Tenant agrees to reimburse Landlord within three thirty (330) business days of written demand for all reasonable, actual costs and expenses incurred by Landlord for having the construction of the Alterations estimated monitored to cost less than $10,000.00 or within seven (7) business days for Alterations estimated to cost more than $10,000.00insure compliance with the terms of the Lease, Landlord’s Building standard construction requirements, and life/safety issues. Notwithstanding the foregoing, Tenant shall have the right right, throughout the Lease Term, and without being required to first obtain Landlord’s consent, (i) to remove any leasehold improvements installed by Tenant which Landlord requires that Tenant remove upon expiration or termination of the Lease, and (ii) to make cosmetic alterations to the laboratory and administrative areas, provided, that such as painting (other than black cosmetic alterations do not materially impact the Structure or similarly dark colors)any structural components of the Building, or its mechanical, electrical, plumbing and/or HVAC systems and related equipment, do not aesthetically impact the exterior or Common Areas of the Building, and carpeting throughout do not require a Building permit and, further provided, that if Landlord shall not have consented to such cosmetic alterations, then Landlord shall have the Stated Term right to require that Tenant, at its sole cost and expense, (a) remove such Alterations prior to the expiration or termination of this Lease, and (b) repair any damage occasioned by the installation and/or removal of such Alterations and restore the Demised Premises, Common Areas and Building to its original condition as of the Delivery Date. In event of any such modifications, Tenant shall supply Landlord with updated “as built” plans as prepared (.dwg file format). Landlord shall incur no liability by approving or not approving Tenant’s Alterations or any plans, specifications or work related thereto (such actions by Landlord and approvals and conditions imposed for Tenant’s approval approval, as well as the monitoring of the construction of the Alterations, being solely for its Landlord’s own benefit and not being any assurance by Landlord as to the legality or technical sufficiency or safety of Tenant’s plans, specifications or work). It is agreed that all work, materials, machinery, apparatus, leasehold improvements and other installations and alterations to the Demised Premises including, without limitation, partitions, interior and exterior doors and door opening machinery, lighting and plumbing fixtures, flooring, wall and window coverings, mechanical equipment for the Buildingequipment, utility lines and equipment, loading facilities, elevators, and other items of any kind (except only Tenant’s merchandise, laboratory, computer office and office laboratory equipment, trade fixtures, furniture and movable personal property), whether installed by Landlord or Tenant, shall at all times belong solely to Landlord and shall not be removed by Tenant; except , provided, that (i) if Landlord has requested (at the time that Landlord grants consent for such alterations and installations made by proposed Alterations) that Tenant which the Landlord requests Tenant remove particular Alterations prior to remove at the expiration or termination hereofof the Lease, then Tenant shall, at its sole cost and except for the personal property of Tenant expense, remove such Alterations prior to be removed by the expiration or termination of this Lease, as reflected by a schedule and (ii) if Tenant has notified Landlord (at the time that Tenant requests consent for such proposed Alterations) that Tenant desires to remove such Alterations at the expiration of personal property provided by this Lease, then Tenant shall have the right, at its sole expense, to Landlord prior to the Rent Commencement Date, which schedule may be periodically updated from time to time. It is also agreed that all intellectual property, biological samples, scientific instrumentation, computers, routers, storage devices, servers, software, data, databases, and remove such other things pertaining to Tenant’s business, research, design and development activities (or those of Tenant’s collaborators, clients or affiliates) shall at all times belong solely to Tenant (or to Tenant’s collaborators, clients or affiliates, as the case may be). At least ninety (90) days Alterations prior to the expiration or termination of the this Lease, or upon request by the Mortgagee, . Tenant shall provide Landlord with a current, updated “as built” plan of hereby agrees to make all necessary repairs and restoration for any damage to the Demised Premises, Common Areas and Building occasioned by the installation and/or removal of Tenant’s Alterations.
Appears in 1 contract
Samples: Lease (Senseonics Holdings, Inc.)
INTERIOR ALTERATIONS. Except for ordinary office decorations (that are not leasehold improvements), any partitioning, painting, installation, removal or alteration of utility lines, flooring (excluding carpet)flooring, paneling, mechanical equipment (heating, ventilating or air conditioning), plumbing, electrical, gas, water, sewer, interior, exterior, roof or other alterations, changes or additions to the Demised Premises which Tenant may desire to perform or make (the “Alterations”) shall be subject to the following conditions, namely: (i) no such Alterations shall be done without Landlord’s express prior written consent in each instance; (ii) complete plans and specifications and a cost estimate for any such Alterations (if reasonably required due to the nature of the work contemplated) shall be submitted to Landlord and Landlord’s written approval thereof obtained prior to commencement of such Alterations (which Alterations shall be done in strict compliance with such plans and specifications if and as so approved); (iii) the Alterations are to be done in compliance with all applicable governmental laws, codes, orders and regulations, without any damage to the Demised Premises or the Building of which same are a part or to any property of Landlord or other tenants, free of liens and claims and all at Tenant’s sole cost and expense; (iv) Tenant is to promptly discharge and to indemnify and save Landlord harmless from all liens and claims arising from such Alterations; and (v) if so requested by Landlord at the time of approval, the Tenant will remove such Alterations and restore the Demised Premises to their condition prior thereto by not later than the expiration or termination of this Lease. Landlord’s consent for the Alterations shall be deemed to have been granted if Landlord fails to respond to Tenant’s written request to make the Alterations, when submitted as required above, within three two (32) business days for Alterations estimated to cost less than $10,000.00 or within seven (7) business days for Alterations estimated to cost more than $10,000.00. Notwithstanding the foregoing, Tenant shall have the right to make cosmetic alterations such as painting (other than black or similarly dark colors), and carpeting throughout the Stated Term of this Lease. Landlord shall incur no liability by approving or not approving Tenant’s plans, specifications or work (such actions by Landlord and approvals and conditions imposed for Tenant’s approval being solely for its own benefit and not being any assurance by Landlord as to the legality or technical sufficiency or safety of Tenant’s plans, specifications or work). It is agreed that all work, materials, machinery, apparatus, leasehold improvements and other installations and alterations to the Demised Premises including, without limitation, partitions, interior and exterior doors and door opening machinery, lighting and plumbing fixtures, flooring, wall and window coverings, mechanical equipment for the Building, utility lines and equipment, loading facilities, elevators, and other items of any kind (except only Tenant’s merchandise, laboratory, computer and office equipment, trade fixtures, furniture and movable personal property), whether installed by Landlord or Tenant, shall at all times belong solely to Landlord and shall not be removed by Tenant; except for such alterations and installations made by Tenant which the Landlord requests Tenant to remove at the expiration or termination hereof, and except for the personal property of Tenant to be removed by the expiration or termination of this Lease, as reflected by a schedule of personal property provided by Tenant to Landlord prior to the Rent Commencement Date, which schedule may be periodically updated from time to time. It is also agreed that all intellectual property, biological samples, scientific instrumentation, computers, routers, storage devices, servers, software, data, databases, and such other things pertaining to Tenant’s business, research, design and development activities (or those of Tenant’s collaborators, clients or affiliates) shall at all times belong solely to Tenant (or to Tenant’s collaborators, clients or affiliates, as the case may be). At least ninety (90) days prior to the expiration of the Lease, or upon request by the Mortgagee, Tenant shall provide Landlord with a current, updated “as built” plan of the Demised Premises.
Appears in 1 contract
Samples: Agreement of Sublease (Advancis Pharmaceutical Corp)
INTERIOR ALTERATIONS. Except for ordinary office decorations (that are not leasehold improvements), any partitioning, painting, installation, removal or alteration of utility lines, flooring (excluding carpet), paneling, mechanical equipment (heating, ventilating or air conditioning), plumbing, electrical, gas, water, sewer, interior, exterior, roof or other alterations, changes or additions to the Demised Premises which Tenant may desire to perform or make (the “"Alterations”") shall be subject to the following conditions, namely: (i) no such Alterations shall be done without Landlord’s 's express prior written consent in each instance; (ii) complete plans and specifications and a cost estimate for any such Alterations (if reasonably required due to the nature of the work contemplated) shall be submitted to Landlord and Landlord’s 's written approval thereof obtained prior to commencement of such Alterations (which Alterations shall be done in strict compliance with such plans and specifications if and as so approved); (iii) the Alterations are to be done in compliance with all applicable governmental laws, codes, orders and regulations, without any damage to the Demised Premises or the Building of which same are a part or to any property of Landlord or other tenants, free of liens and claims and all at Tenant’s 's sole cost and expense; (iv) Tenant is to promptly discharge and to indemnify and save Landlord harmless from all liens and claims arising from such Alterations; and (v) if so requested by Landlord at the time of approval, the Tenant will remove such Alterations and restore the Demised Premises to their condition prior thereto by not later than the expiration or termination of this Lease. Landlord’s 's consent for the Alterations shall be deemed to have been granted if Landlord fails to respond to Tenant’s 's written request to make the Alterations, when submitted as required above, within three (3) business days for Alterations estimated to cost less than $10,000.00 or within seven (7) business days for Alterations estimated to cost more than $10,000.00. Notwithstanding the foregoing, Tenant shall have the right to make cosmetic alterations such as painting (other than black or similarly dark colors), adding/deleting telephone and data drops and hook-ups, adding/removing shelving and millwork that is not a leasehold improvement, installation or relocation of furniture systems, installing/removing casework and carpeting throughout the Stated Term of this Lease. Landlord shall incur no liability by approving or not approving Tenant’s 's plans, specifications or work (such actions by Landlord and approvals and conditions imposed for Tenant’s 's approval being solely for its own benefit and not being any assurance by Landlord as to the legality or technical sufficiency or safety of Tenant’s 's plans, specifications or work). It is agreed that all work, materials, machinery, apparatus, leasehold improvements and other installations and alterations to the Demised Premises including, without limitation, partitions, interior and exterior doors and door opening machinery, lighting and plumbing fixtures, flooring, wall and window coverings, mechanical equipment for the Building, utility lines and equipment, loading facilities, elevators, and other items of any kind (except only Tenant’s 's merchandise, laboratory, computer and office equipment, trade fixtures, furniture and movable personal property), whether installed by Landlord or Tenant, shall at all times belong solely to Landlord and shall not be removed by Tenant; except for such alterations and installations made by Tenant which the Landlord requests Tenant to remove at the expiration or termination hereof. Tenant shall have the right to remove all of Tenant's specialized laboratory equipment, trade fixtures and except for the personal property of property, providing Tenant to be removed by the expiration or termination of this Lease, as reflected by a schedule of personal property provided by Tenant to Landlord prior makes any repairs to the Rent Commencement Date, which schedule may be periodically updated from time to timeDemised Premises necessitated by Tenant's removal of its property. It is also agreed that all intellectual property, biological samples, scientific instrumentation, computers, routers, storage devices, servers, software, data, databases, and such other things pertaining to Tenant’s 's business, research, design and development activities (or those of Tenant’s 's collaborators, clients or affiliates) shall at all times belong solely to Tenant (or to Tenant’s 's collaborators, clients or affiliates, as the case may be). At least ninety (90) days prior to the expiration of the Lease, or upon Upon written request by the MortgageeLandlord, Tenant shall provide Landlord with a current, updated “"as built” " plan of the Demised Premises.
Appears in 1 contract
Samples: Lease (Advancis Pharmaceutical Corp)
