Landlord Approval. Landlord shall act on requests from Tenant for any consent or approval hereunder in a commercially reasonable manner and shall use commercially reasonable efforts to respond to any such request within twenty (20) days following Landlord’s receipt thereof (unless another time period for such response is expressly provided for herein). Xxxxxxxx’s response may consist of an approval or disapproval of the request, or a conditional approval thereof subject to specified conditions, or a request for further data or information, or any combination thereof. If Landlord does not approve, reject or request additional information regarding any request hereunder within twenty (20) days following Xxxxxxxx’s receipt thereof (or another time period expressly provided for herein with respect thereto), Tenant may provide to Landlord a second written request, which shall include a legend, printed in capital letters and boldface type, to the following effect: “THIS COMMUNICATION REQUIRES IMMEDIATE RESPONSE. FAILURE TO RESPOND WITHIN TEN (10) DAYS FROM THE RECEIPT OF THIS COMMUNICATION SHALL CONSTITUTE A DEEMED APPROVAL BY Wherever in this Lease the approval or consent of Landlord is required, it is understood and agreed that, unless specifically stated to the contrary, such approval or consent shall be granted or withheld in the reasonable discretion of Landlord or of the Town Manager) of Landlord (the “Town Manager”) (as applicable), within a reasonable time, and shall not be unreasonably withheld, conditioned or delayed. Except a may be otherwise specifically provided herein, the following actions under this Lease shall be taken or not taken by the Town Manager in the discretion of the Town Manager acting reasonably: (i) The exercise of Landlord’s rights of entry and inspection; (ii) The exercise of Landlord’s right or obligation to execute a joinder in (a) applications for land development approvals or other governmental approvals (including permits) which are necessary for Tenant to obtain from governmental authorities, and where such applications require evidence of the consent of the property owner, and (b) any easement, declaration, amendment or creation of an agreement affecting title to the Premises and any other document as may be requested by Xxxxxx in connection with the development and/or operation of the Premises; (iii) The exercise of Xxxxxxxx’s right to receive and approve or not approve and specify the basis for such disapproval the form of certificates of insurance, policies, limits, and coverages of insurance, bonds, and Environmental Assessments; (iv) The execution of estoppel statements (or any modifications of the terms thereof) to be given by Landlord under this Lease; (v) The approval, if required, of any assignment or sublease; and (vi) Other provisions of this Lease where the act, approval or consent of the Landlord is expressly authorized or required, except any amendment to this Lease shall require the written consent of the Town Commission of the Landlord.
Appears in 4 contracts
Samples: Ground Lease, Ground Lease, Ground Lease
Landlord Approval. Tenant will not make any Major Alterations without Landlord’s prior written consent, which consent Landlord shall act on requests from may grant, withhold or condition in Landlord’s sole and absolute discretion. Tenant for will not make any other Alterations without Landlord’s prior written consent, which consent Landlord will not unreasonably condition or approval hereunder in a commercially reasonable manner withhold (and shall use commercially reasonable efforts to respond to be granted or denied within ten Business Days of Tenant’s written request therefor). Along with any such request within twenty (20) days following for Landlord’s receipt thereof (unless another time period consent, Tenant will deliver to Landlord plans and specifications for such response is expressly provided the Alterations and names and addresses of all prospective contractors for herein). Xxxxxxxx’s response may consist of an approval or disapproval of the request, or a conditional approval thereof subject to specified conditions, or a request for further data or information, or any combination thereofAlterations. If Landlord does not approveapproves the proposed Alterations, reject Tenant will, before commencing the Alterations or request additional information regarding any request hereunder within twenty (20) days following Xxxxxxxx’s receipt thereof delivering (or another time period expressly provided for herein accepting delivery of) any materials to be used in connection with respect thereto)the Alterations, Tenant may provide deliver to Landlord a second certificates evidencing the insurance coverages and copies of any bonds required by Section 8.2, copies of all necessary permits and licenses, and such other information relating to the Alterations as Landlord reasonably requests. Tenant will not commence the Alterations before Landlord has provided Landlord’s written approval of the foregoing deliveries (or has failed to provide such written approval within ten Business Days after Tenant’s delivery of the foregoing). Tenant will remove any Alterations that Tenant constructs without obtaining Landlord’s approval (to the extent required hereunder) as provided in this Article 8 within ten Business Days after Landlord’s written request, which shall include a legendunless Landlord has notified Tenant, printed in capital letters and boldface typewriting, to the following effect: “THIS COMMUNICATION REQUIRES IMMEDIATE RESPONSEthat such removal will not be required. FAILURE TO RESPOND WITHIN TEN (10) DAYS FROM THE RECEIPT OF THIS COMMUNICATION SHALL CONSTITUTE A DEEMED APPROVAL BY Wherever in this Lease the approval or consent of Landlord is required, it is understood and agreed that, unless specifically stated Notwithstanding anything herein to the contrary, such approval or consent shall be granted or withheld in the reasonable discretion of Landlord or of the Town ManagerTenant may make Alterations (that are not Major Alterations) of Landlord (the “Town Manager”) (as applicable), within a reasonable time, and shall not be unreasonably withheld, conditioned or delayed. Except a may be otherwise specifically provided herein, the following actions under this Lease shall be taken or not taken by the Town Manager in the discretion of the Town Manager acting reasonably:
(i) The exercise of without obtaining Landlord’s rights of entry and inspection;
(ii) The exercise of Landlord’s right or obligation to execute a joinder in ‘prior written consent, provided that (a) applications for land development approvals the aggregate costs of such Alterations do not exceed $500,000.00 in any one calendar year, or other governmental approvals (including permits) which are necessary for Tenant to obtain from governmental authorities, and where such applications require evidence of $2,000,000.00 during the consent of the property ownerTerm, and (b) any easementTenant has delivered prior written notice of such Alterations to Landlord, declarationas well as the budget and costs thereof, amendment or creation of an agreement affecting title to the Premises and any other document as may be requested by Xxxxxx in connection together with the development and/or operation a copy of the Premises;
plans therefor (iii) The exercise of Xxxxxxxxin cases where plans or a permit are required). Further, Landlord’s right consent shall not be required with respect to receive and approve or not approve and specify the basis for cosmetic changes (such disapproval the form of certificates of insuranceas changing carpets, policiesfloor coverings, limitswall coverings, and coverages of insurancepaint, bonds, cabling and Environmental Assessments;
(iv) The execution of estoppel statements (or any modifications of the terms thereof) to be given by Landlord under this Lease;
(v) The approval, if required, of any assignment or sublease; and
(vi) Other provisions of this Lease where the act, approval or consent of the Landlord is expressly authorized or required, except any amendment to this Lease shall require the written consent of the Town Commission of the Landlordwiring).
Appears in 1 contract
Landlord Approval. The Tenant shall not make any alteration, improvement or addition (collectively "Alterations") to the Premises without first (a) presenting to the Landlord shall act on requests from Tenant for any plans and specifications therefor and obtaining the Landlord's written consent or approval hereunder in a commercially reasonable manner and shall use commercially reasonable efforts to respond to any such request within twenty thereto (20) days following Landlord’s receipt thereof (unless another time period for such response is expressly provided for herein). Xxxxxxxx’s response may consist of an approval or disapproval of the request, or a conditional approval thereof subject to specified conditions, or a request for further data or information, or any combination thereof. If Landlord does not approve, reject or request additional information regarding any request hereunder within twenty (20) days following Xxxxxxxx’s receipt thereof (or another time period expressly provided for herein with respect thereto), Tenant may provide to Landlord a second written request, which shall include a legendnot, printed in capital letters and boldface type, to the following effect: “THIS COMMUNICATION REQUIRES IMMEDIATE RESPONSE. FAILURE TO RESPOND WITHIN TEN (10) DAYS FROM THE RECEIPT OF THIS COMMUNICATION SHALL CONSTITUTE A DEEMED APPROVAL BY Wherever in this Lease the approval or consent of Landlord is required, it is understood and agreed that, unless specifically stated to the contrary, such approval or consent shall be granted or withheld in the reasonable discretion case of Landlord or of the Town Manager) of Landlord (the “Town Manager”) (as applicable), within a reasonable time, and shall not be unreasonably withheld, conditioned or delayed. Except a may be otherwise specifically provided herein, the following actions under this Lease shall be taken or not taken by the Town Manager in the discretion of the Town Manager acting reasonably:
(i) The exercise of Landlord’s rights of entry non-structural interior Alterations (excluding systems furniture alteration and inspection;
non-structural alterations less than $7,500 in each instance), or (ii) The exercise of Landlord’s right or obligation to execute a joinder in (a) applications for land development approvals Alterations which would not affect any electrical, mechanical, plumbing or other governmental approvals (including permits) which are necessary for Tenant to obtain from governmental authoritiesBuilding systems, and where be unreasonably withheld so long as such applications require evidence Alterations will not violate applicable law or the provisions of this Lease, or impair the value of the consent Premises, the Building or the rest of the property owner, Property or be visible from the exterior of the Building) and (b) obtaining any easementand all governmental permits or approvals for such Alterations, declarationwhich are required by applicable law; provided, amendment that (i) any and all contractors or creation of an agreement affecting title to workmen performing such Alterations must first be approved by the Premises Landlord, (ii) all work is performed in a good and any other document as may be requested by Xxxxxx workmanlike manner in connection compliance with the development and/or operation of the Premises;
all applicable codes, rules, regulations and ordinances, and (iii) the Tenant shall restore the Premises to its condition immediately before such Alterations were made, by not later than the date on which the Tenant vacates the Premises or the Termination Date, whichever is earlier. The exercise Tenant, at its own expense, shall repair promptly any damage to the Building caused by bringing therein any property for its use, or by the installation or removal of Xxxxxxxx’s such property, regardless of fault or by whom such damage is caused. As a condition for approving any Alterations on the Premises by the Tenant, the Landlord shall have the right to receive and approve require the Tenant, or not approve and specify the basis Tenant's contractor, to furnish a bond in an amount equal to the estimated cost of construction with a corporate surety approved by the Landlord for such disapproval the form of certificates of insurance, policies, limits, and coverages of insurance, bonds, and Environmental Assessments;
(ivi) The execution of estoppel statements (or any modifications completion of the terms thereofconstruction and (ii) to be given by Landlord under this Lease;
(v) The approval, if required, of any assignment or sublease; and
(vi) Other provisions of this Lease where the act, approval or consent indemnification of the Landlord is expressly authorized and the Tenant, as their interests may appear, against liens for labor and materials, which bond shall be furnished before any work has begun or required, except any amendment to this Lease shall require the written consent of the Town Commission of the Landlordmaterials are delivered.
Appears in 1 contract
Samples: Office Lease (Gse Systems Inc)
Landlord Approval. Landlord shall act on requests from Except as otherwise provided in this Article 8, Tenant for any consent or approval hereunder in a commercially reasonable manner may, at its own expense, and shall use commercially reasonable efforts to respond to any such request within twenty (20) days following without Landlord’s receipt thereof (unless another time period for such response is expressly provided for herein)consent, make any Alterations to the Premises that are not Major Alterations. XxxxxxxxTenant will not make any Major Alterations without Landlord’s response may consist of an approval or disapproval of the request, or a conditional approval thereof subject to specified conditions, or a request for further data or information, or any combination thereof. If Landlord does not approve, reject or request additional information regarding any request hereunder within twenty (20) days following Xxxxxxxx’s receipt thereof (or another time period expressly provided for herein with respect thereto), Tenant may provide to Landlord a second prior written requestconsent, which shall include a legend, printed in capital letters and boldface type, to the following effect: “THIS COMMUNICATION REQUIRES IMMEDIATE RESPONSE. FAILURE TO RESPOND WITHIN TEN (10) DAYS FROM THE RECEIPT OF THIS COMMUNICATION SHALL CONSTITUTE A DEEMED APPROVAL BY Wherever in this Lease the approval or consent of Landlord is required, it is understood and agreed that, unless specifically stated to the contrary, such approval or consent shall be granted or withheld in the reasonable discretion of Landlord or of the Town Manager) of Landlord (the “Town Manager”) (as applicable), within a reasonable time, and shall will not be unreasonably withheld, conditioned or delayed. Except a may be otherwise specifically provided hereinAlong with any request for Landlord’s consent, Tenant will deliver to Landlord plans and specifications for the following actions under this Lease Major Alterations and names and addresses of all prospective contractors for the Major Alterations. Landlord shall be taken notify Tenant at the time it gives its consent to any Major Alterations whether or not taken by Landlord will require Tenant to remove any interior, non-structural portion of any Major Alteration at the Town Manager in the discretion expiration or earlier termination of the Town Manager acting reasonably:
Lease. If Landlord approves the proposed Major Alterations, Tenant will, before commencing the Major Alterations or delivering (i) The exercise of Landlord’s rights of entry and inspection;
(ii) The exercise of Landlord’s right or obligation to execute a joinder in (a) applications for land development approvals or other governmental approvals (including permits) which are necessary for Tenant to obtain from governmental authorities, and where such applications require evidence of the consent of the property owner, and (baccepting delivery of) any easement, declaration, amendment or creation of an agreement affecting title materials to the Premises and any other document as may be requested by Xxxxxx used in connection with the development and/or operation Major Alterations, deliver to Landlord certificates evidencing the insurance coverages and copies of any bonds required by Section 8.2, copies of all necessary permits and licenses, and such other information relating to the Alterations as Landlord reasonably requests. Tenant will not commence the Major Alterations before Landlord has, in Landlord’s reasonable discretion, provided Landlord’s written approval of the Premises;
foregoing deliveries. Landlord will provide such written approval or disapproval within fifteen (iii15) The exercise days after Tenant’s request. If Landlord has not provided written approval or disapproval within five (5) days after Landlord’s receipt of Xxxxxxxx’s right a reminder notice from Tenant that provides Landlord failed to receive and approve or not approve and specify disapprove the basis request for the Major Alteration within the fifteen (15) day period, Landlord will have deemed to have approved Tenant’s request for approval of such disapproval Major Alterations. No approval or inspection of any Alterations by Landlord constitutes any representation or agreement by Landlord that the form of certificates of insurance, policies, limitsAlterations comply with sound architectural or engineering practices or with all applicable Laws, and coverages of insurance, bonds, and Environmental Assessments;
(iv) The execution of estoppel statements (or any modifications of the terms thereof) to be given by Landlord under this Lease;
(v) The approval, if required, of any assignment or sublease; and
(vi) Other provisions of this Lease where the act, approval or consent of the Landlord Tenant is expressly authorized or required, except any amendment to this Lease shall require the written consent of the Town Commission of the Landlordsolely responsible for ensuring such compliance.
Appears in 1 contract
Samples: Lease Agreement (UserTesting, Inc.)
Landlord Approval. Tenant will not make any Major Alterations or other Alterations without Landlord’s prior written consent, which consent Landlord will not unreasonably withhold, condition or delay. Without Landlord’s prior consent, Tenant shall be entitled to make cosmetic, non-structural Alterations to the Premises which (i) do not constitute Major Alterations; (ii) do not reduce the overall quality of the leasehold improvements in the Premises; and (iii) do not exceed, either singularly or in the aggregate, more than One Hundred Thousand and No/100 Dollars ($100,000.00) in any twelve (12) month period (collectively, a “Permitted Change”). Along with any request for Landlord’s consent, Tenant will deliver to Landlord plans and specifications, to the extent applicable, for the Alterations and names and addresses of all prospective contractors for the Alterations. If Landlord approves the proposed Alterations, Tenant will, before commencing the Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, deliver to Landlord certificates evidencing the insurance coverages and copies of any bonds required by Section 8.2, copies of all necessary permits and licenses, and such other information relating to the Alterations as Landlord reasonably requests. Tenant will not commence the Alterations before Landlord has, in Landlord’s reasonable discretion, provided Landlord’s written approval of the foregoing deliveries. In any event, Landlord shall act on requests from Tenant for any consent or approval hereunder in a commercially reasonable manner and shall use commercially reasonable efforts to respond to any such request within twenty (20) days following Landlord’s receipt thereof (unless another time period for such response is expressly provided for herein). Xxxxxxxx’s response may consist of an deliver its written approval or disapproval of the request, or a conditional approval thereof subject to specified conditions, or a request for further data or information, or any combination thereof. If Landlord does requested Alterations not approve, reject or request additional information regarding any request hereunder within twenty later than ten (2010) days following Xxxxxxxx’s receipt thereof after Tenant has provided all necessary information required in accordance with the immediately preceding sentence, and if Landlord fails to approve or disapprove said requested Alterations within said ten (or another time period expressly provided for herein with respect thereto)10) day period, Tenant may provide to Landlord a second written requestnotice requesting approval, which and if Landlord fails to approve or disapprove of the requested Alterations or Major Alterations within five (5) days following receipt of such second notice, Landlord shall include a legend, printed in capital letters and boldface type, be deemed to have granted its approval to the following effect: “THIS COMMUNICATION REQUIRES IMMEDIATE RESPONSEsame. FAILURE TO RESPOND WITHIN TEN (10) DAYS FROM THE RECEIPT OF THIS COMMUNICATION SHALL CONSTITUTE A DEEMED APPROVAL BY Wherever Except for any Permitted Change, Tenant, at its sole cost and expense, will remove any Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Lease the approval or consent of Landlord is required, it is understood and agreed that, unless specifically stated to the contrary, such approval or consent shall be granted or withheld in the reasonable discretion of Landlord or of the Town ManagerArticle 8 within thirty (30) of Landlord (the “Town Manager”) (as applicable), within a reasonable time, and shall not be unreasonably withheld, conditioned or delayed. Except a may be otherwise specifically provided herein, the following actions under this Lease shall be taken or not taken by the Town Manager in the discretion of the Town Manager acting reasonably:
(i) The exercise of days after Landlord’s rights of entry written request and inspection;
(ii) The exercise of Landlord’s right or obligation to execute a joinder in (a) applications for land development approvals or other governmental approvals (including permits) which are necessary for Tenant to obtain from governmental authorities, will thereafter fully and where such applications require evidence of the consent of the property owner, promptly repair and (b) any easement, declaration, amendment or creation of an agreement affecting title to restore the Premises and Property to its previous condition. No approval or inspection of Alterations by Landlord constitutes any other document as may be requested representation or agreement by Xxxxxx in connection Landlord that the Alterations comply with the development and/or operation of the Premises;
(iii) The exercise of Xxxxxxxx’s right to receive and approve sound architectural or not approve and specify the basis for such disapproval the form of certificates of insurance, policies, limitsengineering practices or with all applicable Laws, and coverages of insurance, bonds, and Environmental Assessments;
(iv) The execution of estoppel statements (or any modifications of the terms thereof) to be given by Landlord under this Lease;
(v) The approval, if required, of any assignment or sublease; and
(vi) Other provisions of this Lease where the act, approval or consent of the Landlord Tenant is expressly authorized or required, except any amendment to this Lease shall require the written consent of the Town Commission of the Landlordsolely responsible for ensuring such compliance.
Appears in 1 contract
Samples: Office Lease Agreement (Fender Musical Instruments Corp)
Landlord Approval. Landlord shall act on requests from Tenant will not make any structural changes, structural alterations, structural additions or structural improvements, nor any improvements which either are estimated to exceed $100,000.00 for any consent single item or approval hereunder related series of items in a commercially reasonable manner and shall use commercially reasonable efforts any 12-month period or materially adversely affect Building systems (collectively “Material Alterations”) to respond to any such request within twenty (20) days following the Demised Premises, without Landlord’s receipt thereof (unless another time period for such response is expressly provided for herein). Xxxxxxxx’s response may consist of an approval or disapproval of the request, or a conditional approval thereof subject to specified conditions, or a request for further data or information, or any combination thereof. If Landlord does not approve, reject or request additional information regarding any request hereunder within twenty (20) days following Xxxxxxxx’s receipt thereof (or another time period expressly provided for herein with respect thereto), Tenant may provide to Landlord a second written requestconsent, which shall include a legend, printed in capital letters and boldface type, to the following effect: “THIS COMMUNICATION REQUIRES IMMEDIATE RESPONSE. FAILURE TO RESPOND WITHIN TEN (10) DAYS FROM THE RECEIPT OF THIS COMMUNICATION SHALL CONSTITUTE A DEEMED APPROVAL BY Wherever in this Lease the approval or consent of Landlord is required, it is understood and agreed that, unless specifically stated to the contrary, such approval or consent shall be granted or withheld in the reasonable discretion of Landlord or of the Town Manager) of Landlord (the “Town Manager”) (as applicable), within a reasonable time, and shall will not be unreasonably withheld, delayed or conditioned if such Material Alterations do not materially reduce the value or delayed. Except a may be otherwise specifically provided herein, the following actions under this Lease shall be taken or not taken by the Town Manager in the discretion integrity of the Town Manager acting reasonably:
Building, nor materially impair its utility as an office building for a single user, nor materially decrease the useful life of the Building, nor materially decrease the market value of the Building. Tenant may make any other change, alteration, addition or improvement to the Demised Premises (i“Non-Material Alterations”; Non-Material Alterations and Material Alterations are sometimes hereinafter collectively referred to as “Alterations”) The exercise of without Landlord’s rights prior written consent, and subject to the applicable requirements of entry this Lease, provided that Tenant shall give prompt written notice to Landlord that Tenant has made, or plans to make, any Non-Material Alterations. Landlord may require, as a condition of and inspection;
at the time it gives its consent to any Material Alterations that Tenant remove the Material Alterations at the end of the Term and repair all damage caused by such removal. In addition, Landlord may require, by written notice given to Tenant within thirty (ii30) The exercise days following receipt of written notice from Tenant that Tenant has made, or plans to make, any Non-Material Alterations, that Tenant remove the Non-Material Alterations at the end of the Term and repair all damage caused by such removal. Along with any request for Landlord’s right consent, when required, and in any event before undertaking any Non-Material Alterations or obligation Material Alterations, Tenant will deliver to execute a joinder Landlord plans and specifications for the Alterations and names and addresses of all prospective contractors for the Alterations. If Landlord is required to approve and approves the proposed Alterations, Tenant, before commencing the Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord for Landlord’s reasonable approval copies of all contracts, proof of insurance required by Section 19.2, copies of any contractor safety programs, copies of all necessary permits and licenses and such other information relating to the Alterations as Landlord reasonably requests. Tenant will not commence the Alterations before Landlord, in Landlord’s reasonable discretion, approves the foregoing deliveries. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) applications for land development approvals or other governmental approvals (including permits) which are necessary for Tenant to obtain from governmental authoritiespromptly by a contractor Landlord approves in writing in Landlord’s reasonable discretion, and where such applications require evidence of the consent of the property owner, and (b) any easementin a good and workmanlike manner, declaration(c) in compliance with all applicable laws, amendment or creation (d) in accordance with all orders, rules and regulations of an agreement affecting title to the Board of Fire Underwriters having jurisdiction over the Demised Premises and any other document as may body exercising similar functions, and (e) during times that Landlord reasonably determines in order to minimize interference with occupants of surrounding properties. Anything herein to the contrary notwithstanding, Tenant shall not be requested required to furnish plans (to the extent plans are not required by Xxxxxx in connection or submitted to the applicable governmental authority having jurisdiction) or copies of contracts with respect to any Non-Material Alterations but shall otherwise comply with the development and/or operation of the Premises;
(iii) The exercise of Xxxxxxxx’s right to receive conditions and approve or not approve and specify the basis for such disapproval the form of certificates of insurance, policies, limits, and coverages of insurance, bonds, and Environmental Assessments;
(iv) The execution of estoppel statements (or any modifications of the terms thereof) to be given by Landlord under limitations set forth in this Lease;
(v) The approval, if required, of any assignment or sublease; and
(vi) Other provisions of this Lease where the act, approval or consent of the Landlord is expressly authorized or required, except any amendment to this Lease shall require the written consent of the Town Commission of the LandlordSection 19.1.
Appears in 1 contract
Landlord Approval. The Tenant shall not make any alteration, improvement or addition (collectively "ALTERATIONS") to the Premises without first (a) presenting to the Landlord shall act on requests from Tenant for any plans, drawn and sealed by a licensed architect or space planner of a reasonable scale and amount of detail to clarify the work to be done, and specifications, therefor and obtaining the Landlord's written consent or approval hereunder in a commercially reasonable manner and shall use commercially reasonable efforts to respond to any such request within twenty thereto (20) days following Landlord’s receipt thereof (unless another time period for such response is expressly provided for herein). Xxxxxxxx’s response may consist of an approval or disapproval of the request, or a conditional approval thereof subject to specified conditions, or a request for further data or information, or any combination thereof. If Landlord does not approve, reject or request additional information regarding any request hereunder within twenty (20) days following Xxxxxxxx’s receipt thereof (or another time period expressly provided for herein with respect thereto), Tenant may provide to Landlord a second written request, which shall include a legendnot, printed in capital letters and boldface type, to the following effect: “THIS COMMUNICATION REQUIRES IMMEDIATE RESPONSE. FAILURE TO RESPOND WITHIN TEN (10) DAYS FROM THE RECEIPT OF THIS COMMUNICATION SHALL CONSTITUTE A DEEMED APPROVAL BY Wherever in this Lease the approval or consent of Landlord is required, it is understood and agreed that, unless specifically stated to the contrary, such approval or consent shall be granted or withheld in the reasonable discretion case of Landlord or of the Town Manager) of Landlord (the “Town Manager”) (as applicable), within a reasonable time, and shall not be unreasonably withheld, conditioned or delayed. Except a may be otherwise specifically provided herein, the following actions under this Lease shall be taken or not taken by the Town Manager in the discretion of the Town Manager acting reasonably:
(i) The exercise of Landlord’s rights of entry and inspection;
non-structural interior Alterations, or (ii) The exercise of Landlord’s right or obligation to execute a joinder in (a) applications for land development approvals Alterations which would not affect any electrical, mechanical, plumbing or other governmental approvals (including permits) which are necessary for Tenant to obtain from governmental authoritiesBuilding systems, and where be unreasonably withheld so long as such applications require evidence Alterations will not violate applicable law or the provisions of this Lease, or impair the value of the consent Premises, the Building or the rest of the property owner, Property or be visible from the exterior of the Building) and (b) obtaining any easementand all governmental permits or approvals for such Alterations, declarationwhich are required by applicable law; provided, amendment that (i) any and all contractors or creation of an agreement affecting title to workmen performing such Alterations must first be approved by the Premises Landlord, (ii) all work is performed in a good and any other document as may be requested by Xxxxxx workmanlike manner in connection compliance with the development and/or operation of the Premises;
all applicable codes, rules, regulations and ordinances, and (iii) The exercise all persons, contractors, tradesman or xxxxxxx performing such improvements or alteration work shall be a licensed tradesman for the type of Xxxxxxxx’s right work they are doing on the property, evidence of which shall be submitted to receive the Landlord prior to the commencement of the work and approve or not approve and specify the basis for such disapproval the form of certificates of insurance, policies, limits, and coverages of insurance, bonds, and Environmental Assessments;
(iv) the Tenant shall restore the Premises to its condition immediately before such Alterations were made, free of Tenants fixtures and furniture by not later than the date on which the Tenant vacates the Premises or the Termination Date, whichever is earlier, with the exception of all Landlord approved partitions. The execution Tenant, at its own expense, shall repair promptly any damage to the Building caused by bringing therein any property for its use, or by the installation or removal of estoppel statements (such property, regardless of fault or by whom such damage is caused. As a further condition for approving any modifications of such Alterations, the terms thereofLandlord shall have the right to require the Tenant and/or its contractor(s) to be given by Landlord under this Lease;
(v) The approval, if required, of any assignment or sublease; and
(vi) Other provisions of this Lease where the act, approval or consent of the Landlord is expressly authorized or required, except any amendment to this Lease shall require the written consent of the Town Commission execute a copy of the Landlord's "Contractor Policies and Procedures."
Appears in 1 contract
Landlord Approval. Tenant will not make any Structural Alterations to the Premises or any Alterations to the Common Areas. Tenant will not make any other Alterations without Landlord’s prior written consent, which consent Landlord shall act on requests from will not unreasonably withhold or delay; provided, however, that Landlord may require, as a condition of its consent, that Tenant remove the Alterations at the end of the Term and repair all damage caused by such removal. Landlord may also otherwise condition its consent in its reasonable discretion and take into account the cost of Landlord’s insuring the Alterations under Section 10.2.1, and to what extent (if any) Tenant will be required to contribute to such cost directly (as opposed to through Tenant’s Share of Expenses). Along with any request for any consent or approval hereunder Xxxxxxxx’s consent, Tenant will deliver to Landlord a Tenant Work Permit application (the form of which is available at xxxxx://xxx.xxxxxxxxxxxx.xxx/tenant-work-permits), plans and specifications for the Alterations and names, addresses of all prospective contractors for the Alterations, and cost information necessary in a commercially reasonable manner connection with determining the cost of Landlord’s insuring the same, as described above (which cost information will be updated and shall use commercially reasonable efforts to respond to confirmed for such purpose upon the completion of any such request within twenty (20) days following Landlord’s receipt thereof (unless another time period for such response is expressly provided for hereinAlterations). Xxxxxxxx’s response may consist of an approval or disapproval of the request, or a conditional approval thereof subject to specified conditions, or a request for further data or information, or any combination thereof. If Landlord does not approveapproves the proposed Alterations, reject Tenant, before commencing the Alterations or request additional information regarding any request hereunder within twenty (20) days following Xxxxxxxx’s receipt thereof delivering (or another time period expressly provided for herein accepting delivery of) any materials to be used in connection with respect thereto)the Alterations, Tenant may provide will deliver to Landlord a second written requestfor Landlord’s reasonable approval copies of all contracts, which shall include a legendproof of insurance required by Section 8.2, printed in capital letters copies of any contractor safety programs, copies of all necessary permits and boldface type, licenses and such other information relating to the following effect: “THIS COMMUNICATION REQUIRES IMMEDIATE RESPONSEAlterations as Landlord reasonably requests. FAILURE TO RESPOND WITHIN TEN (10) DAYS FROM THE RECEIPT OF THIS COMMUNICATION SHALL CONSTITUTE A DEEMED APPROVAL BY Wherever Tenant will not commence the Alterations before Landlord, in this Lease the approval or consent of Landlord is required, it is understood and agreed that, unless specifically stated to the contrary, such approval or consent shall be granted or withheld in the reasonable discretion of Landlord or of the Town Manager) of Landlord (the “Town Manager”) (as applicable), within a reasonable time, and shall not be unreasonably withheld, conditioned or delayed. Except a may be otherwise specifically provided herein, the following actions under this Lease shall be taken or not taken by the Town Manager in the discretion of the Town Manager acting reasonably:
(i) The exercise of Landlord’s rights of entry and inspection;
(ii) The exercise of Landlord’s right reasonable discretion, approves the foregoing deliveries. Tenant will construct all approved Alterations or obligation cause all approved Alterations to execute a joinder in be constructed (a) applications for land development approvals or other governmental approvals (including permits) which are necessary for Tenant to obtain from governmental authoritiespromptly by a contractor Landlord approves in writing in Landlord’s commercially reasonable discretion, and where such applications require evidence of the consent of the property owner, and (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of any easementlocal, declaration, amendment state or creation of an agreement affecting title to federal entity having jurisdiction over the Premises and any other document as may be requested by Xxxxxx body exercising similar functions, (e) during times that Landlord reasonably determines in connection order to minimize interference with the development and/or operation other tenants’ use and enjoyment of the Property, and (f) in full compliance with all of Landlord’s rules and regulations applicable to third-party contractors, subcontractors and suppliers performing work at the Property. Notwithstanding the foregoing, however, Landlord’s consent shall not be required for any Alteration that is not a Structural Alteration that does not adversely affect any Building systems and that costs $56,000 or less on a per project basis, or purely cosmetic or decorative changes to the Premises;
(iii) The exercise of Xxxxxxxx. In addition, subject to Landlord’s reasonable plan approval, Tenant shall have the right to receive install an aiphone and approve or not approve and specify the basis for such disapproval the form of certificates of insurance, policies, limitscard reader at all entry doors, and coverages of insurance, bonds, and Environmental Assessments;
(iv) The execution of estoppel statements (or any modifications of a supplemental HVAC system within the terms thereof) to be given by Landlord under this Lease;
(v) The approval, if required, of any assignment or sublease; and
(vi) Other provisions of this Lease where the act, approval or consent of the Landlord is expressly authorized or required, except any amendment to this Lease shall require the written consent of the Town Commission of the LandlordPremises.
Appears in 1 contract
Samples: Office Lease Agreement
Landlord Approval. The Tenant shall not make any alteration, ----------------- improvement or addition (collectively "Alterations") to the Premises without first (a) presenting to the Landlord plans and specifications therefor and obtaining the Landlord's written consent thereto (which shall act on requests not, in the case of (i) non-structural interior Alterations, or (ii) Alterations which would not affect any electrical, mechanical, plumbing or other Building systems, be unreasonably withheld so long as such Alterations will not violate applicable law or the provisions of this Lease, or impair the value of the Premises, the Building or the rest of the Property or be visible from Tenant the exterior of the Building) and (b) obtaining any and all governmental permits or approvals for such Alterations, which are required by applicable law; provided, that (i) any consent and all contractors or workmen performing such Alterations must first be approved by the Landlord, which approval hereunder shall not be unreasonably withheld or delayed, (ii) all work is performed in a commercially reasonable good and workmanlike manner in compliance with all applicable codes, rules, regulations and ordinances, and (iii) if the Landlord, upon approving the plans and specifications for the Alterations, advises the Tenant in writing that the Alterations must be removed later, the Tenant shall use commercially reasonable efforts restore the Premises to respond to any its condition immediately before such request within twenty (20) days following Landlord’s receipt thereof (unless another time period for such response Alterations were made, by not later than the date on which the Tenant vacates the Premises or the Termination Date, whichever is expressly provided for herein)earlier. Xxxxxxxx’s response may consist of an approval or disapproval of Notwithstanding the request, or a conditional approval thereof subject to specified conditions, or a request for further data or information, or any combination thereof. If Landlord does not approve, reject or request additional information regarding any request hereunder within twenty (20) days following Xxxxxxxx’s receipt thereof (or another time period expressly provided for herein with respect thereto), Tenant may provide to Landlord a second written request, which shall include a legend, printed in capital letters and boldface type, to the following effect: “THIS COMMUNICATION REQUIRES IMMEDIATE RESPONSE. FAILURE TO RESPOND WITHIN TEN (10) DAYS FROM THE RECEIPT OF THIS COMMUNICATION SHALL CONSTITUTE A DEEMED APPROVAL BY Wherever in this Lease the approval or consent of Landlord is required, it is understood and agreed that, unless specifically stated foregoing sentence to the contrary, such approval or consent shall be granted or withheld in the reasonable discretion of Landlord or of the Town Manager) of Landlord (the “Town Manager”) (as applicable), within a reasonable time, and Tenant shall not be unreasonably withheld, conditioned or delayed. Except a may be otherwise specifically provided herein, the following actions under this Lease shall be taken or not taken by the Town Manager in the discretion of the Town Manager acting reasonably:
(i) The exercise of Landlord’s rights of entry and inspection;
(ii) The exercise of Landlord’s right or obligation to execute a joinder in (a) applications for land development approvals or other governmental approvals (including permits) which are necessary for Tenant required to obtain from governmental authorities, and where such applications require evidence of the consent of the Landlord with respect to any Alterations whose costs will not exceed $15,000 in the aggregate. The Tenant, at its own expense, shall repair promptly any damage to the Building caused by bringing therein any property ownerfor its use, or by the installation or removal of such property, regardless of fault or by whom such damage is caused. As a condition for approving any Alterations on the Premises by the Tenant, the Landlord shall have the right to require the Tenant, or the Tenant's contractor, to furnish a bond in an amount equal to the estimated cost of construction with a corporate surety approved by the Landlord for (i) completion of the construction and (bii) any easement, declaration, amendment or creation of an agreement affecting title to the Premises and any other document as may be requested by Xxxxxx in connection with the development and/or operation of the Premises;
(iii) The exercise of Xxxxxxxx’s right to receive and approve or not approve and specify the basis for such disapproval the form of certificates of insurance, policies, limits, and coverages of insurance, bonds, and Environmental Assessments;
(iv) The execution of estoppel statements (or any modifications of the terms thereof) to be given by Landlord under this Lease;
(v) The approval, if required, of any assignment or sublease; and
(vi) Other provisions of this Lease where the act, approval or consent indemnification of the Landlord is expressly authorized and the Tenant, as their interests may appear, against liens for labor and materials, which bond shall be furnished before any work has begun or required, except any amendment to this Lease shall require the written consent of the Town Commission of the Landlordmaterials are delivered.
Appears in 1 contract
Samples: Office Lease (Creditrust Corp)
Landlord Approval. Landlord Tenant shall act on requests from Tenant for any consent or approval hereunder in a commercially reasonable manner and shall use commercially reasonable efforts to respond to any such request within twenty (20) days following Landlord’s receipt thereof (unless another time period for such response is expressly provided for herein). Xxxxxxxx’s response may consist of an approval or disapproval of the requestnot make, or a conditional approval thereof subject suffer to specified conditionsbe made, any alterations, improvements or additions in, on, or a request for further data or informationabout, or to the Premises or any combination thereof. If Landlord does not approve, reject or request additional information regarding any request hereunder within twenty (20) days following Xxxxxxxx’s receipt part thereof (or another time period expressly provided for herein with respect thereto), Tenant may provide to Landlord a second without the prior written requestapproval of Landlord, which shall include a legend, printed in capital letters and boldface type, to the following effect: “THIS COMMUNICATION REQUIRES IMMEDIATE RESPONSE. FAILURE TO RESPOND WITHIN TEN (10) DAYS FROM THE RECEIPT OF THIS COMMUNICATION SHALL CONSTITUTE A DEEMED APPROVAL BY Wherever in this Lease the approval or consent of Landlord is required, it is understood and agreed that, unless specifically stated to the contrary, such approval or consent shall be granted or withheld in the reasonable discretion of Landlord or of the Town Manager) of Landlord (the “Town Manager”) (as applicable), within a reasonable time, and shall not be unreasonably withheld, conditioned withheld or delayed. Except a may be otherwise specifically provided hereinSubject to this Section 10.2, Landlord conceptually approves Tenant's significant augmentation of the following actions under this Lease network room and network cabling in the Premises. Tenant shall submit to Landlord two sets of design drawings for Landlord's review and approval prior to start of work. Landlord's consent shall be taken affixed or not taken by the Town Manager in the discretion attached to one set of the Town Manager acting reasonably:
(i) The exercise drawings and returned to the Tenant. Said Landlord consent is not required for the physical attachment or utility hook-up of Landlord’s rights Tenant's personal property, fixtures, or equipment on the Premises, however, Tenant shall restore damaged surfaces following the removal of entry and inspection;
(ii) The exercise of Landlord’s right or obligation to execute a joinder in (a) applications for land development approvals or other governmental approvals (including permits) which are necessary for Tenant to obtain from governmental authorities, and where such applications require evidence these items at the expiration of the Lease, nor is such Landlord consent required for routine repairs to the Premises' utility systems provided they do not compromise the performance of such systems and meet established practices and code requirements. If Landlord consents to Tenant's making any alterations, improvements, or additions, Tenant shall be responsible for notifying Landlord at least (3) business days before work can begin for Landlord to post notice of non- responsibility, which shall remain posted until completion of the property owneralterations, and (b) additions or improvements. If any easementalteration, declaration, amendment addition or creation of an agreement affecting title to the Premises and any other document as may be change requested by Xxxxxx Tenant and approved by Landlord results in connection a requirement of any law, regulation, ordinance, order of any public agency, Tenant, at its sole cost and expense, shall promptly make the same in accordance with the development and/or operation of the Premises;
(iii) The exercise of Xxxxxxxx’s right to receive and approve or not approve and specify the basis for such disapproval the form of certificates of insurance, policies, limits, and coverages of insurance, bonds, and Environmental Assessments;
(iv) The execution of estoppel statements (or any modifications of the terms thereof) to be given by Landlord under this Lease;
(v) The approval, if required, of any assignment or sublease; and
(vi) Other provisions of this Lease where the act, approval or consent of the Landlord is expressly authorized or requiredArticle 10, except in the case of such an alteration, et al being required in the absence of any amendment Tenant alteration during the Term, in which case Landlord shall be solely responsible for making the required alteration. At the completion of an alteration or addition, Tenant shall submit to this Lease shall require Landlord's Palo Alto engineering department a complete record "as-built" set of blue print drawings which accurately depict the written consent of the Town Commission of the Landlordnew conditions together with any concealed work.
Appears in 1 contract
Samples: Lease Agreement (Noosh Inc)
Landlord Approval. Landlord shall act on requests from Tenant for will not make any consent or approval hereunder in a commercially reasonable manner and shall use commercially reasonable efforts to respond to Structural Alterations. Tenant will not make any such request within twenty (20) days following other Alterations without Landlord’s receipt thereof prior written consent, which consent Landlord may grant, withhold or condition in its sole, absolute and arbitrary discretion; provided, however, that Tenant may make such other Alterations costing up to Twenty Thousand Dollars (unless another time $20,000) in the aggregate over any twelve (12) month period for such response is expressly provided for herein). Xxxxxxxx’s response may consist of an approval or disapproval of the request, or a conditional approval thereof subject to specified conditions, or a request for further data or information, or any combination thereof. If Landlord does not approve, reject or request additional information regarding any request hereunder within twenty (20) days following XxxxxxxxLandlord’s receipt thereof (or another time period expressly provided for herein with respect thereto), Tenant may provide to Landlord a second written requestconsent, which shall include a legend, printed in capital letters and boldface type, to the following effect: “THIS COMMUNICATION REQUIRES IMMEDIATE RESPONSE. FAILURE TO RESPOND WITHIN TEN (10) DAYS FROM THE RECEIPT OF THIS COMMUNICATION SHALL CONSTITUTE A DEEMED APPROVAL BY Wherever in this Lease the approval or consent of Landlord is required, it is understood and agreed that, unless specifically stated to the contrary, such approval or consent shall be granted or withheld in the reasonable discretion of Landlord or of the Town Manager) of Landlord (the “Town Manager”) (as applicable), within a reasonable time, and shall will not be unreasonably withheld, conditioned delayed or delayedconditioned. Except a may be otherwise specifically provided hereinIn addition, notwithstanding the following actions under this Lease foregoing, Tenant shall be taken entitled to make such other Alterations in or not taken by to the Town Manager in Premises, without the discretion prior consent of the Town Manager acting reasonably:
Landlord, provided that (i) The exercise each such Alteration costs less than Two Thousand Five Hundred Dollars ($2,500) and the aggregate cost of Landlord’s rights of entry and inspection;
all Alterations during any twelve (12) month period does not exceed Five Thousand Dollars ($5,000), (ii) The exercise Tenant gives Landlord at least ten (10) Business Days prior written notice before commencing work on any such Alteration and delivers to Landlord with such notice the plans and specifications for the Alterations and the names and addresses of Landlord’s right or obligation to execute a joinder in (a) applications all contractors for land development approvals or other governmental approvals (including permits) which are necessary for Tenant to obtain from governmental authorities, and where such applications require evidence of the consent of the property ownerAlterations, and (iii) Tenant complies with the requirements of this Section 8.1 other than the requirement of obtaining Landlord’s consent. If specifically requested in writing by Tenant at the time Tenant requests Landlord’s consent to any such Alterations, Landlord will state at the time it approves any such Alterations whether or not Tenant will be required to remove such approved Alterations prior to the expiration of the Term or earlier termination of this Lease. Along with any request for Landlord’s consent, Tenant will deliver to Landlord plans and specifications for the Alterations and names and addresses of all prospective contractors for the Alterations. If Landlord approves the proposed Alterations, Tenant will, before commencing the Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, deliver to Landlord copies of all contracts, certificates of insurance and certified copies of all endorsements for the insurance required by Section 8.2, copies of any contractor safety programs, copies of all necessary permits and licenses and such other information relating to the Alterations as Landlord reasonably requests. Tenant will not commence the Alterations before Landlord has, in Landlord’s reasonable discretion, provided Landlord’s written approval of the foregoing deliveries. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed promptly by a contractor Landlord approves in writing in Landlord’s sole, absolute and arbitrary discretion, (b) any easementin a good and workmanlike manner, declaration(c) in compliance with all Laws, amendment or creation (d) in accordance with all orders, rules and regulations of an agreement affecting title to the Board of Fire Underwriters having jurisdiction over the Premises and any other document as may be requested body exercising similar functions, (e) during time reasonably determined by Xxxxxx in connection Landlord to minimize interference with the development and/or operation other tenants’ use and enjoyment of the Premises;
(iii) The exercise of Xxxxxxxx’s right to receive and approve or not approve and specify the basis for such disapproval the form of certificates of insurance, policies, limitsProperty, and coverages (f) in full compliance with all of insuranceLandlord’s rules and regulations applicable to third party contractors, bonds, subcontractors and Environmental Assessments;
(iv) The execution of estoppel statements (or any modifications of suppliers performing work at the terms thereof) to be given by Landlord under this Lease;
(v) The approval, if required, of any assignment or sublease; and
(vi) Other provisions of this Lease where the act, approval or consent of the Landlord is expressly authorized or required, except any amendment to this Lease shall require the written consent of the Town Commission of the LandlordProperty.
Appears in 1 contract
Landlord Approval. Tenant shall not make any alteration, improvement or addition (collectively “Alterations”) to the Premises without first (a) presenting to Landlord shall act on requests from Tenant for any consent plans, drawn and sealed by a licensed architect or approval hereunder in space planner of a commercially reasonable manner scale and shall use commercially reasonable efforts amount of detail to respond clarify the work to any such request within twenty (20) days following be done, and specifications, therefore and obtaining Landlord’s receipt thereof written consent thereto (unless another time period for such response is expressly provided for herein). Xxxxxxxx’s response may consist of an approval or disapproval of the request, or a conditional approval thereof subject to specified conditions, or a request for further data or information, or any combination thereof. If Landlord does not approve, reject or request additional information regarding any request hereunder within twenty (20) days following Xxxxxxxx’s receipt thereof (or another time period expressly provided for herein with respect thereto), Tenant may provide to Landlord a second written request, which shall include a legendnot, printed in capital letters and boldface type, to the following effect: “THIS COMMUNICATION REQUIRES IMMEDIATE RESPONSE. FAILURE TO RESPOND WITHIN TEN (10) DAYS FROM THE RECEIPT OF THIS COMMUNICATION SHALL CONSTITUTE A DEEMED APPROVAL BY Wherever in this Lease the approval or consent of Landlord is required, it is understood and agreed that, unless specifically stated to the contrary, such approval or consent shall be granted or withheld in the reasonable discretion case of Landlord or of the Town Manager) of Landlord (the “Town Manager”) (as applicable), within a reasonable time, and shall not be unreasonably withheld, conditioned or delayed. Except a may be otherwise specifically provided herein, the following actions under this Lease shall be taken or not taken by the Town Manager in the discretion of the Town Manager acting reasonably:
(i) The exercise of Landlord’s rights of entry and inspection;
non-structural interior Alterations, or (ii) The exercise of Landlord’s right or obligation to execute a joinder in (a) applications for land development approvals Alterations which would not affect any electrical, mechanical, plumbing or other governmental approvals (including permits) which are necessary for Tenant to obtain from governmental authoritiesBuilding systems, and where be unreasonably withheld so long as such applications require evidence Alterations will not violate applicable law or the provisions of this Lease, or impair the value of the consent Premises or the Building or be visible from the exterior of the property owner, Building) and (b) obtaining any easementand all governmental permits or approvals for such Alterations, declarationwhich are required by applicable law; provided, amendment that (i) any and all contractors or creation of an agreement affecting title to the Premises workmen performing such Alterations must first be approved by Landlord, (ii) all work is performed in a good and any other document as may be requested by Xxxxxx workmanlike manner in connection compliance with the development and/or operation of the Premises;
all applicable codes, rules, regulations and ordinances, and (iii) The exercise all persons, contractors, tradesman or xxxxxxx performing such improvements or alteration work shall be a licensed tradesman for the type of Xxxxxxxx’s right work they are doing on the property, evidence of which shall be submitted to receive Landlord prior to the commencement of the work and approve or not approve and specify the basis for such disapproval the form of certificates of insurance, policies, limits, and coverages of insurance, bonds, and Environmental Assessments;
(iv) The execution Tenant shall restore the Premises to its condition immediately before such Alterations were made, free of estoppel statements (Tenant’s fixtures and furniture by not later than the date on which Tenant vacates the Premises or the Termination Date, whichever is earlier, with the exception of all Landlord approved partitions or other specified Alterations. Tenant, at its own expense, shall repair promptly any modifications damage to the Building caused by bringing therein any property for its use, or by the installation or removal of such property, regardless of fault or by whom such damage is caused. As a further condition for approving any such Alterations, Landlord shall have the terms thereofright to require Tenant and/or its contractor(s) to be given by Landlord under this Lease;
(v) The approval, if required, execute a copy of any assignment or sublease; and
(vi) Other provisions of this Lease where the act, approval or consent of the Landlord is expressly authorized or required, except any amendment to this Lease shall require the written consent of the Town Commission of the Landlord’s “Design Construction Standards and /or Appendices Design/ Construction Standards.”
Appears in 1 contract
Samples: Lease Agreement
Landlord Approval. Landlord shall act on requests Tenant will not make any Structural Alterations to the Premises or any Alterations outside of the Premises. Tenant may from Tenant for time to time during the Term make, at its own cost and expense, any consent reasonable nonstructural Alterations in the interior of the Premises, provided that such Alterations do not affect any building systems (including HVAC, electrical, and plumbing) and the aggregate cost therefor in any one instance does not exceed Dollars ($ ) and provided further the Alterations are not visible from the exterior of the Premises. Any nonstructural Alteration that: (a) is visible from the exterior of the Premises (regardless of the cost thereof); or approval hereunder (b) exceeds Dollars ($ ) in a commercially reasonable manner and shall use commercially reasonable efforts to respond to any such request within twenty (20) days following costs, may be made only with Landlord’s receipt thereof (unless another time period for such response is expressly provided for herein). Xxxxxxxx’s response may consist of an approval or disapproval of the request, or a conditional approval thereof subject to specified conditions, or a request for further data or information, or any combination thereof. If Landlord does not approve, reject or request additional information regarding any request hereunder within twenty (20) days following Xxxxxxxx’s receipt thereof (or another time period expressly provided for herein with respect thereto), Tenant may provide to Landlord a second prior written requestconsent, which shall include a legend, printed in capital letters and boldface type, to the following effect: “THIS COMMUNICATION REQUIRES IMMEDIATE RESPONSE. FAILURE TO RESPOND WITHIN TEN (10) DAYS FROM THE RECEIPT OF THIS COMMUNICATION SHALL CONSTITUTE A DEEMED APPROVAL BY Wherever in this Lease the approval or consent of Landlord is required, it is understood and agreed that, unless specifically stated to the contrary, such approval or consent shall be granted or withheld in the reasonable discretion of Landlord or of the Town Manager) of Landlord (the “Town Manager”) (as applicable), within a reasonable time, and shall will not be unreasonably withheld, conditioned delayed or delayedconditioned. Except a may be otherwise specifically provided herein, the following actions under this Lease shall be taken or not taken by the Town Manager in the discretion of the Town Manager acting reasonably:
(i) The exercise of Along with any request for Landlord’s rights consent, Tenant will deliver to Landlord plans and specifications for the Alterations and names and addresses of entry all prospective contractors for the Alterations. Tenant will use contractors reasonably designated or approved by Landlord to perform any and inspection;
(ii) The exercise of Landlord’s right all work on or obligation to execute a joinder in (a) applications for land development approvals or other governmental approvals (including permits) which are necessary for Tenant to obtain from governmental authorities, and where such applications require evidence of the consent of the property owner, and (b) any easement, declaration, amendment or creation of an agreement affecting title to the Premises and any other document as may be requested by Xxxxxx in connection with the development and/or operation roof, roof membrane, sprinkler/fire alarm system, and electrical, mechanical, plumbing, heating and air conditioning systems and other building systems and equipment of or for the Premises. If Landlord approves the proposed Alterations, Tenant, before commencing the Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord, for Landlord’s reasonable approval, copies of all contracts, proof of insurance required under Section 8.3, copies of any contractor safety programs, copies of all necessary permits and licenses and such other information relating to the Alterations as Landlord reasonably requests. Tenant will not commence any Alterations before Landlord, in Landlord’s reasonable discretion, approves the foregoing deliveries. All Alterations Tenant makes hereunder will be constructed (a) promptly by a contractor approved in writing by Landlord, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) free of any liens for labor and materials, and (e) in full compliance with any reasonable requirements Landlord may impose, including maintenance by Tenant of adequate liability and workmen’s compensation insurance. Any Alterations not requiring Landlord’s consent under this Section 8.1 is herein referred to as a “Minor Change.” Tenant will provide written notice to Landlord of any Minor Change and a reasonably detailed description of the Premises;
same not less than fifteen (iii15) The exercise of Xxxxxxxx’s right days prior to receive and approve or not approve and specify the basis for making such disapproval the form of certificates of insuranceMinor Change, policies, limits, and coverages of insurance, bonds, and Environmental Assessments;
(iv) The execution of estoppel statements (or any modifications of the terms thereof) to which notice may be given by Landlord under this Lease;
(v) The approvalemail to the Property Manager, if required, of any assignment or sublease; and
(vi) Other provisions of this Lease where the act, approval or consent of the Landlord provided that such email is expressly authorized or required, except any amendment to this Lease shall require the written consent of the Town Commission of the Landlordsent read receipt requested.
Appears in 1 contract
Samples: Office Lease Agreement
Landlord Approval. Landlord shall act on requests from Tenant for any consent or approval hereunder in a commercially reasonable manner and shall use commercially reasonable efforts to respond to any such request within twenty (20) days following Landlord’s receipt thereof (unless another time period for such response is expressly provided for herein). Xxxxxxxx’s response may consist of an approval or disapproval of the request, or a conditional approval thereof subject to specified conditions, or a request for further data or information, or any combination thereof. If Landlord does not approve, reject or request additional information regarding any request hereunder within twenty (20) days following Xxxxxxxx’s receipt thereof (or another time period expressly provided for herein with respect thereto), Tenant may provide to Landlord a second written request, which shall include a legend, printed in capital letters and boldface type, to the following effect: “THIS COMMUNICATION REQUIRES IMMEDIATE RESPONSE. FAILURE TO RESPOND WITHIN TEN (10) DAYS FROM THE RECEIPT OF THIS COMMUNICATION SHALL CONSTITUTE A DEEMED APPROVAL BY LANDLORD OF THE ACTION REQUESTED BY TENANT.” Landlord shall be deemed to have approved or consented to such action if Landlord fails to object to or request additional information with respect thereto within ten (10) days of such second request. Wherever in this Lease the approval or consent of Landlord is required, it is understood and agreed that, unless specifically stated to the contrary, such approval or consent shall be granted or withheld in the reasonable discretion of Landlord or of the Town Manager) of Landlord (the “Town Manager”) (as applicable), within a reasonable time, and shall not be unreasonably withheld, conditioned or delayed. Except a may be otherwise specifically provided herein, the following actions under this Lease shall be taken or not taken by the Town Manager in the discretion of the Town Manager acting reasonably:
(i) The exercise of Landlord’s rights of entry and inspection;
(ii) The exercise of Landlord’s right or obligation to execute a joinder in (a) applications for land development approvals or other governmental approvals (including permits) which are necessary for Tenant to obtain from governmental authorities, and where such applications require evidence of the consent of the property owner, and (b) any easement, declaration, amendment or creation of an agreement affecting title to the Premises and any other document as may be requested by Xxxxxx in connection with the development and/or operation of the Premises;
(iii) The exercise of Xxxxxxxx’s right to receive and approve or not approve and specify the basis for such disapproval the form of certificates of insurance, policies, limits, and coverages of insurance, bonds, and Environmental Assessments;
(iv) The execution of estoppel statements (or any modifications of the terms thereof) to be given by Landlord under this Lease;
(v) The approval, if required, of any assignment or sublease; and
(vi) Other provisions of this Lease where the act, approval or consent of the Landlord is expressly authorized or required, except any amendment to this Lease shall require the written consent of the Town Commission of the Landlord.
Appears in 1 contract
Samples: Ground Lease
Landlord Approval. Tenant will not make any Structural Alterations to the Premises or any Alterations to the Common Area. Tenant will not make any other Alterations without Landlord’s prior written consent, which consent Landlord shall act on requests from will not unreasonably withhold or delay. Provided however, without Landlord’s prior written consent, Tenant for may make Alterations that do not (i) require the issuance of any consent permit, authorization or approval hereunder under the Laws, (ii) exceed an estimated cost per project to complete of $25,000.00, and (iii) exceed a total expenditure within any twelve (12) month period of $25,000.00. Landlord may impose conditions to consent in a commercially its reasonable manner and shall use commercially reasonable efforts to respond to discretion. Along with any such request within twenty (20) days following for Landlord’s receipt thereof (unless another time period consent, Tenant will deliver to Landlord plans and specifications for such response is expressly provided the Alterations and names and addresses of all prospective contractors for herein). Xxxxxxxx’s response may consist of an approval or disapproval of the request, or a conditional approval thereof subject to specified conditions, or a request for further data or information, or any combination thereofAlterations. If Landlord approves the proposed Alterations, Tenant, before commencing the Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord for Landlord’s reasonable approval copies of all contracts, proof of insurance required by Section 8.2, copies of any contractor safety programs, copies of all necessary permits and licenses and such other information relating to the Alterations as Landlord reasonably requests. Tenant will not commence the Alterations before Landlord, in Landlord’s reasonable discretion, approves the foregoing deliveries; provided however, Landlord will be deemed to have approved the deliveries in the event Landlord does not approve, reject or request additional information regarding any request hereunder deliver to Tenant a written notice of disapproval within twenty (20) days following Xxxxxxxx’s receipt thereof (or another time period expressly provided for herein with respect thereto), Tenant may provide to Landlord a second written request, which shall include a legend, printed in capital letters and boldface type, to the following effect: “THIS COMMUNICATION REQUIRES IMMEDIATE RESPONSE. FAILURE TO RESPOND WITHIN TEN ten (10) DAYS FROM THE RECEIPT OF THIS COMMUNICATION SHALL CONSTITUTE A DEEMED APPROVAL BY Wherever in this Lease Business Days after the approval date the foregoing deliveries are delivered to Landlord for approval. Tenant will construct all approved Alterations or consent of Landlord is required, it is understood and agreed that, unless specifically stated cause all approved Alterations to the contrary, such approval or consent shall be granted or withheld in the reasonable discretion of Landlord or of the Town Manager) of Landlord (the “Town Manager”) (as applicable), within a reasonable time, and shall not be unreasonably withheld, conditioned or delayed. Except a may be otherwise specifically provided herein, the following actions under this Lease shall be taken or not taken by the Town Manager in the discretion of the Town Manager acting reasonably:
(i) The exercise of Landlord’s rights of entry and inspection;
(ii) The exercise of Landlord’s right or obligation to execute a joinder in constructed (a) applications for land development approvals or other governmental approvals (including permits) which are necessary for Tenant to obtain from governmental authoritiespromptly by a contractor Landlord approves in writing in Landlord’s sole and absolute discretion, and where such applications require evidence of the consent of the property owner, and (b) any easementin a good and workmanlike manner, declaration(c) in compliance with all Laws, amendment or creation (d) in accordance with all orders, rules and regulations of an agreement affecting title to the Board of Fire Underwriters having jurisdiction over the Premises and any other document as may be requested by Xxxxxx in connection with the development and/or operation of the Premises;
(iii) The exercise of Xxxxxxxx’s right to receive and approve or not approve and specify the basis for such disapproval the form of certificates of insurance, policies, limitsbody exercising similar functions, and coverages (e) in full compliance with all of insuranceLandlord’s rules and regulations applicable to third party contractors, bonds, subcontractors and Environmental Assessments;
(iv) The execution of estoppel statements (or any modifications of suppliers performing work at the terms thereof) to be given by Landlord under this Lease;
(v) The approval, if required, of any assignment or sublease; and
(vi) Other provisions of this Lease where the act, approval or consent of the Landlord is expressly authorized or required, except any amendment to this Lease shall require the written consent of the Town Commission of the LandlordProperty.
Appears in 1 contract
Samples: Office Lease Agreement (Wells Mid-Horizon Value-Added Fund I LLC)
Landlord Approval. Landlord Tenant shall act on requests from Tenant submit the Construction Documents for any consent or approval hereunder in a commercially reasonable manner and shall use commercially reasonable efforts to respond to any such request within twenty (20) days following Landlord’s receipt thereof (unless another approval in accordance with guidelines and time period for such response is expressly provided for herein)frames established by Landlord from time-to-time. XxxxxxxxThe approval by Landlord of Tenant’s response may consist of an approval or disapproval of the request, or a conditional approval thereof Construction Documents shall be subject to specified conditions, or a request for further data or information, or any combination thereof. If Landlord does not approve, reject or request additional information regarding any request hereunder within twenty (20) days following Xxxxxxxx’s receipt thereof (or another time period expressly provided for herein with respect thereto), Tenant may provide to Landlord a second written request, which shall include a legend, printed in capital letters and boldface type, to the following effect: “THIS COMMUNICATION REQUIRES IMMEDIATE RESPONSE. FAILURE TO RESPOND WITHIN TEN procedural requirements:
(10I) DAYS FROM THE RECEIPT OF THIS COMMUNICATION SHALL CONSTITUTE A DEEMED APPROVAL BY Wherever Landlord shall review the applicable documents or any additional requested information, and either approve the same or return the same to Tenant with requested modifications.
(II) If Landlord shall return the modified documents to Tenant with requested modifications, Landlord shall specify a reasonable period of time, not to exceed five (5) business days, within which such modifications shall be made and within which such modified plans shall be re-submitted to Landlord by Tenant, until the modified documents are finally approved by Landlord.
(III) To the extent the Tenant’s Construction Documents, as the case may be, in this Lease Landlord’s sole judgment, involve any modification of, or impact upon, the approval Property’s structural, mechanical, electrical or consent of Landlord is requiredplumbing systems or components, it is understood and agreed that, unless specifically stated to the contrary, then such approval may be withheld by Landlord in its absolute and sole discretion.
(IV) Tenant’s Construction Documents, as approved by Landlord and as modified by Tenant to take account of any changes reasonably requested by Landlord, are hereinafter considered to be “Issued for Construction.”
(V) Without limiting the generality of the foregoing, Tenant acknowledges that Landlord may disapprove documents submitted by Tenant under this Section 3(c)(iii) because the work detailed therein: (a) is likely to adversely affect Building systems, the structure of the Building or consent shall be granted the safety of the Building and/or its occupants; (b) might impair Landlord’s ability to furnish services to Tenant or withheld other tenants in the reasonable discretion Building; (c) would increase the cost of Landlord operating the Building; (d) would violate any governmental laws, rules or ordinances (or interpretations thereof); (e) contains or uses hazardous or toxic materials or substances; (f) would adversely affect the appearance of the Town ManagerBuilding; (g) might adversely affect another tenant’s premises; (h) is prohibited by any ground lease affecting the Building or any mortgage, trust deed or other instrument encumbering the Building; or (i) is likely to be substantially delayed because of Landlord (unavailability or shortage of labor or materials necessary to perform such work or the “Town Manager”) (as applicable)difficulties or unusual nature of such work. The foregoing reasons, within a reasonable timehowever, and shall not be unreasonably withheldthe only reasons for which Landlord may withhold its approval, conditioned or delayed. Except a may be otherwise specifically provided herein, the following actions under this Lease shall be taken whether or not taken such other reasons are similar or dissimilar to the foregoing. Neither the approval by the Town Manager in the discretion Landlord of the Town Manager acting reasonably:
(i) The exercise of Tenant Work or any plans, drawings, specifications or other items associated with the Tenant Work, nor Landlord’s rights of entry and inspection;
(ii) The exercise of Landlord’s right performance, supervision or obligation to execute a joinder in (a) applications for land development approvals or other governmental approvals (including permits) which are necessary for Tenant to obtain from governmental authorities, and where such applications require evidence monitoring of the consent Tenant Work, shall constitute any warranty by Landlord to Tenant of the property owner, and (b) any easement, declaration, amendment or creation adequacy of an agreement affecting title to the Premises and any other document as may be requested by Xxxxxx in connection with the development and/or operation design for Tenant’s intended use of the Premises;
(iii) The exercise of Xxxxxxxx’s right to receive and approve or not approve and specify the basis for such disapproval the form of certificates of insurance, policies, limits, and coverages of insurance, bonds, and Environmental Assessments;
(iv) The execution of estoppel statements (or any modifications of the terms thereof) to be given by Landlord under this Lease;
(v) The approval, if required, of any assignment or sublease; and
(vi) Other provisions of this Lease where the act, approval or consent of the Landlord is expressly authorized or required, except any amendment to this Lease shall require the written consent of the Town Commission of the Landlord.
Appears in 1 contract
Samples: Office Lease (Quality Systems Inc)