Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("Alterations") without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheld. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole discretion deems necessary or desirable including without limitation: Tenant's submission to Landlord, for Landlord's prior written approval, of all plans and specifications relating to the Alterations; Landlord's prior written approval of the time or times when the Alterations are to be performed; Landlord's prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use or the proper performance of the Alterations.
Appears in 6 contracts
Samples: Office Lease (Deja Foods Inc), Office Lease (Treaty Oak Bancorp Inc), Office Lease (Treaty Oak Bancorp Inc)
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("“Alterations"”) without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheld. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole discretion deems necessary or desirable including without limitation: Tenant's ’s submission to Landlord, for Landlord's ’s prior written approval, of all plans and specifications relating to the Alterations; Landlord's ’s prior written approval of the time or times when the Alterations are to be performed; Landlord's ’s prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's ’s receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's ’s delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's ’s payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's ’s Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's ’s supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use or the proper performance of the Alterations.
Appears in 2 contracts
Samples: Office Lease (RigNet, Inc.), Office Lease (Treaty Oak Bancorp Inc)
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("“Alterations"”) without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheld. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole discretion deems necessary or desirable including without limitation: Tenant's ’s submission to Landlord, for Landlord's ’s prior written approval, of all plans and specifications relating to the Alterations; Landlord's ’s prior written approval of the time or times when the Alterations are to be performed; Landlord's ’s prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's ’s receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's ’s delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's ’s payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's ’s Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's ’s supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use or the proper performance of the Alterations.
Appears in 2 contracts
Samples: Office Lease (Barfresh Food Group Inc.), Office Lease (Derycz Scientific Inc)
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("Alterations") without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheld. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole reasonable discretion deems necessary or desirable including without limitation: Tenant's submission to Landlord, for Landlord's prior written approval, of all plans and specifications relating to the Alterations; Landlord's prior written approval of the time or times when the Alterations are to be performed; Landlord's prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's delivery to Landlord of such bonds bond and insurance as Landlord shall reasonably require; and Tenant's payment to Landlord of all reasonable costs and expenses incurred by Landlord because of Tenant's Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use or the proper performance of the Alterations.
Appears in 2 contracts
Samples: Retail Lease (Nara Bancorp Inc), Retail Lease (Nara Bancorp Inc)
Landlord’s Consent; Conditions. Except for non-structural, non-mechanical interior improvements in the Premises which do not require the issuance of a building permit (collectively, “Exempt Alterations”) (which Exempt Alterations may be made without Landlord’s prior written consent) Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("collectively, the “Alterations"”) without the prior written consent of Landlord, which consent, with respect to non-structural alterations, consent shall not be unreasonably withheld, conditioned or delayed. Landlord may impose as a condition to making any Alterations (but not Exempt Alterations) such requirements as Landlord in its sole reasonable discretion deems necessary or desirable including desirable, including, without limitation: Tenant's ’s submission to Landlord, for Landlord's ’s prior written approvalapproval (not to be unreasonably withheld, conditioned or delayed), of all plans and specifications relating to the Alterations, and upon completion of the Alterations, Tenant’s delivery to Landlord for its permanent files one reproducible set of “as built” drawings showing the Alterations as constructed or installed in the Premises; Landlord's ’s prior written approval of the time or times when the Alterations are to be performed; Landlord's ’s prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's ’s receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's ’s delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's ’s payment to Landlord of all verifiable, third party costs and expenses reasonably incurred by Landlord because of Tenant's ’s Alterations; provided, including but not limited to in no event shall such costs incurred in reviewing the plans and specifications for, and the progress of, the Alterationsfees include any construction supervision and/or management fee. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations (other than Exempt Alterations), Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's ’s supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use or the proper performance of the Alterations.
Appears in 1 contract
Samples: Manufacturing Agreement (SunEdison Semiconductor LTD)
Landlord’s Consent; Conditions. Subject to the provisions of Section 9.01(A) below, Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("Alterations") without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheld. Landlord may impose as a condition to making consenting to any Alterations such requirements as Landlord in its sole discretion reasonably deems necessary or desirable including without limitation: Tenant's submission to Landlord, for Landlord's prior written approval, of all plans and specifications relating to the Alterations; Landlord's prior written approval of the time or times when the Alterations are to be performed; Landlord's prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's payment to Landlord of all reasonable costs and expenses paid or incurred by Landlord because of Tenant's Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. All Alterations shall be performed by a general contractor and/or subcontractors that is/are duly licensed and in good standing by the State of California, who is/are bonded, reputable and who are approved by Landlord in the exercise of its reasonable discretion. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with two (2) copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use or the proper performance of the Alterations.
(A) Notwithstanding the foregoing, without first receiving Landlord's consent Tenant shall have the right to construct and install Alterations in the Premises, but only on the following terms and conditions: (a) the cost of constructing and installing said Alterations do not in the aggregate exceed Fifteen Thousand and No/100 Dollars ($15,000.00); (b) the Alterations do not affect, involve, change or modify any heating, air conditioning, ventilating, electrical, gas, steam or other utility system in the Premises or Building; and (c) the Alterations do no affect, involve, change or modify any structural component or system in the Premises or Building (hereinafter, a "Small Alteration"). Provided, however, at least ten (10) calendar days prior to commencing the construction or installation of any Small Alteration in the Premises, Tenant shall first deliver written notice thereof to Landlord along with a true and correct copy of (i) all plans and specifications relating to the Small Alterations, and (ii) all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction and installation of the Small Alterations.
(B) All further references in this Lease to Alterations shall mean and include Small Alterations but shall exclude the Work described in the Work Letter Agreement attached hereto as Exhibit "B".
Appears in 1 contract
Samples: Office Lease (Electronic Arts Inc)
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("Alterations") without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheld. Notice is required to Landlord, but not Landlord's approval, for minor, non-structural alterations of less than $5,000.00 each. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole discretion deems necessary or desirable including without limitation: Tenant's submission to Landlord, for Landlord's prior written approval, of all plans and specifications relating to the Alterations; Landlord's prior written approval of the time or times when the Alterations are to be performed; Landlord's prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use or the proper performance of the Alterations.
Appears in 1 contract
Samples: Industrial Lease (Brightpoint Inc)
Landlord’s Consent; Conditions. Tenant shall will not make or permit to be made any alterations, additions, improvements or improvements other changes in or to the Premises ("“Alterations"”) without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheld. Landlord may impose as a condition to making any Alterations its consent such requirements as Landlord in its sole discretion reasonably deems necessary or desirable including without limitation: (a) Tenant's ’s submission to Landlord, for Landlord's ’s prior written approval, of all plans and specifications relating to for the Alterations; (b) Landlord's ’s prior written approval of the time or times when the Alterations are to be performed; (c) Landlord's ’s prior written approval of the contractors and subcontractors performing work in connection with the Alterations; (d) employment of union or other contractors and subcontractors who shall will not cause labor disharmony; (e) Tenant's ’s receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; (f) Tenant's ’s delivery to Landlord of such bonds and insurance as Landlord shall reasonably requirerequires; and (g) Tenant's ’s payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's ’s Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, for the Alterations and the progress of, the Alterationsfor reviewing work in progress. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion At the request of the AlterationsLandlord, Tenant shall will provide to Landlord with copies of as-built plansplans of any Alterations within thirty (30) days of Landlord’s request. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or ’s monitoring and inspection of any Alterations shall will constitute any a warranty or acceptance by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use or the proper performance of the Alterations.
Appears in 1 contract
Samples: Net Lease (Colt Finance Corp.)
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("Alterations") without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheldwithheld conditioned or delayed. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole reasonable discretion deems necessary or desirable including without limitation: Tenant's submission to Landlord, for Landlord's prior written approval, of all plans and specifications relating to the Alterations; Landlord's prior written approval of the time or times when the Alterations are to be performed; Landlord's prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use or the proper performance of the Alterations.
Appears in 1 contract
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("“Alterations"”) without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheld. Landlord withheldLandlord may impose as a condition to making any Alterations such requirements as Landlord in its sole discretion deems necessary or desirable including without limitation: Tenant's ’s submission to Landlord, for Landlord's ’s prior written approval, of all plans and specifications relating to the Alterations; Landlord's ’s prior written approval of the time or times when the Alterations are to be performed; Landlord's ’s prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's ’s receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's ’s delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's ’s payment to Landlord of all reasonable out of pocket costs and expenses incurred by Landlord because of Tenant's ’s Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's ’s supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use or the proper performance of the Alterations.
Appears in 1 contract
Samples: Office Lease (Cherokee Inc)
Landlord’s Consent; Conditions. Tenant shall not make or permit to be ------------------------------ made any alterations, additions, or improvements in or to the Premises ("Alterations") without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheld, and which consent with respect to any alterations which may affect the structural or safety components of the Building, may be given or withheld in Landlord's sole and absolute discretion. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole reasonable discretion deems necessary or desirable including without limitation: Tenant's submission to Landlord, for Landlord's prior written approval, of all plans and specifications relating to the Alterations; Landlord's prior written approval of the time or times when the Alterations are to be performed; Landlord's prior written approval of the contractors and subcontractors performing work Work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use or the proper performance of the Alterations.
Appears in 1 contract
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("Alterations") without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheld. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole reasonable discretion deems necessary or desirable including without limitation: Tenant's submission to Landlord, for Landlord's prior written approval, of all plans and specifications relating to the Alterations; Landlord's prior written approval of the time or times when the Alterations are to be performed; Landlord's prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's Tenant intended use or the proper performance of the Alterations.
Appears in 1 contract
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("“Alterations"”) without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheld. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole reasonable discretion deems necessary or desirable including without limitation: Tenant's ’s submission to Landlord, for Landlord's ’s prior written approval, of all plans and specifications relating to the Alterations; Landlord's ’s prior written approval of the time or times when the Alterations are to be performed; Landlord's ’s prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's ’s receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's ’s delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's ’s payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's Alterations’s Alterations which are structural in nature, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-as built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's ’s supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use or the proper performance of the Alterations.
Appears in 1 contract
Samples: Office Lease (Wilshire Bancorp Inc)
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("Alterations") without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheld. Landlord may impose as a condition to making any Alterations such consent such requirements as Landlord in its sole discretion deems necessary or desirable including without limitation: Tenant's submission to Landlord, for Landlord's prior written approval, of all plans and specifications relating to the Alterations; Landlord's prior written approval of the time or times when the Alterations are to be performed; Landlord's prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's written notice of whether the Alterations include the Handling of any Hazardous Materials, pursuant to Paragraph 5.4; Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Notwithstanding the foregoing to the contrary, Landlord preconsents to Tenant is required making certain alterations to provide Landlord written notice of whether the Alterations include Greenhouse Buildings including, without limitation, the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion following: cleaning the Greenhouse Buildings; removal of the Alterationssideboards to the beds in the Greenhouse Buildings, soil sterilization in the Greenhouse Buildings; power washing the Greenhouse Buildings' bays; sterilization of structures within the Greenhouse Buildings; recovering the Greenhouse Buildings; and painting. Moreover, Landlord shall allow Tenant to install weed barriers, gravel and benches in the Greenhouses and to install certain equipment therein including, without limitation, circulation fans, grow lights, modification to the heating system, modification to the irrigation system, modification to the cooling system, and installation of bottom heat moist and fog systems. Landlord agrees that Tenant, upon the expiration or sooner termination of this Lease, shall provide Landlord with copies of as-built plans. Neither be allowed to remove from the approval Premises the benches, bottom heat, moist and fog systems, grow lights, and such other personal property moved into the Premises by Landlord of plans and specifications relating Tenant which can be removed without causing damage to any Alterations nor Landlord's supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use or the proper performance of the AlterationsPremises.
Appears in 1 contract
Samples: Lease Agreement (Agritope Inc)
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises Premises, including, without limitation, any pre-occupancy work ("Alterations") without the prior written consent of Landlord, which consent, with respect to Alterations which are non-structural alterationsstructural, non-exterior and which do not affect any building systems, shall not be unreasonably withheld. For purposes of this Article DC, the term "Alterations" shall be deemed to include, without limitation, the installation, alteration, replacement or removal of any communications or computer wires, cables and related devices ("Lines"). In addition to such other prerequisites to making Alterations as Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole discretion deems necessary or desirable including without limitation: Tenant's submission to Landlordreasonably impose, for Landlord's prior written approval, of all plans and specifications relating to the Alterations; Tenant shall (A) obtain Landlord's prior written approval of all plans and.specifications therefor which shall be sealed by a certified architect or engineer, the time or times when the Alterations are to be performed; Landlord's prior written approval of , and the contractors and subcontractors performing work in connection with the Alterations; employment of union (B) employ only contractors and subcontractors who shall not cause labor disharmony; Tenant's receipt of (C) receive all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterationsjurisdiction; Tenant's delivery (D) deliver to Landlord of such payment and performance bonds and insurance as Landlord shall reasonably require; and Tenant's payment (E) pay to Landlord of on demand all costs and expenses incurred by Landlord because of in connection with Tenant's Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, relating thereto; and the progress of, the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall (F) provide Landlord with copies of as-built plansplans upon completion of the Alterations. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or monitoring of any Alterations thereof shall constitute any warranty by Landlord to Tenant of the adequacy of the design design. for Tenant's intended use Permitted Use or the proper performance of the Alterations. Landlord shall not be liable for any injury, loss or damage to Tenant or Tenant's property relating to the performance of any Alterations. Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from, any problems relating to Tenant's uninterrupted and unaffected use of any Lines per the Tenant's requirements. Tenant shall reimburse Landlord for Landlord's reasonable charges (including any professional fees incurred by Landlord and a reasonable administrative fee as established by Landlord from time to time) for reviewing and approving or disapproving plans and specifications for any proposed alterations.
Appears in 1 contract
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("Alterations"Alterationsn) without the prior written consent of Landlord, Landlord which consent, with respect to non-structural alterations, shall not be unreasonably withheld. or delayed, Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole discretion deems necessary or desirable including without limitation: Tenant's submission to Landlord, for Landlord's prior written approval, of all plans and specifications relating to the Alterations; Landlord's prior written approval of the time or times when the Alterations are to be performed; Landlord's prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment only of union contractors and subcontractors who shall not cause labor disharmony; Tenant's receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, . Tenant shall provide Landlord with copies of as-built plans. Neither the approval by bv Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use or the proper performance of the Alterations.. *
Appears in 1 contract
Samples: Industrial Lease (Qep Co Inc)
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("Alterations") without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheld, and which consent with respect to any alterations which may affect the structural or safety components of the Building, may be given or withheld in Landlord's sole and absolute discretion. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole discretion deems necessary or desirable including without limitation: Tenant's submission to Landlord, for Landlord's prior written approval, of all plans and specifications relating to the Alterations; Landlord's prior written approval of the time or times when the Alterations are to be performed; Landlord's prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use or the proper performance of the Alterations.
Appears in 1 contract
Samples: Office Lease (Chemconnect Inc)
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("“Alterations"”) without the prior written consent of Landlord, which consent, with respect to non-structural nonstructural alterations, shall not be unreasonably withheld. Notwithstanding the foregoing, the term “Alterations” shall not include the Landlord’s Work. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole reasonable discretion deems necessary or desirable including without limitation: Tenant's ’s submission to Landlord, for Landlord's ’s prior written approval, of all plans and specifications relating to the Alterations; Landlord's ’s prior written approval of the time or times when the Alterations are to be performed; Landlord's ’s prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's ’s receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's ’s payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's ’s Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the AlterationsAlterations and a construction management fee of 3% of the “hard costs” of the Alteration. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's ’s supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use or the proper performance of the Alterations. Notwithstanding anything to the contrary herein, Tenant may construct non-structural Alterations in the Premises without Landlord’s prior approval but upon prior written notice to Landlord, if the costs of any projects do not exceed Twenty-Five Thousand Dollars ($25,000) and Tenant shall, at the request of Landlord remove such Alterations at the end of the Term.
Appears in 1 contract
Samples: Office Lease (Splunk Inc)
Landlord’s Consent; Conditions. Tenant shall not make or permit to be ------------------------------ made any alterations, additions, or improvements in or to the Premises ("Alterations") without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheld, and which consent with respect to any alterations which may adversely affect the structural or safety components of the Building, may be given or withheld in Landlord's sole and absolute discretion provided, however, that Tenant shall not be required to obtain Landlord's prior approval for minor non-structural Alterations that cost less than $10,000.00 and such Alterations are code compliant. Landlord may impose as a condition to making any Alterations such Alterations, the following requirements as Landlord in its sole discretion deems necessary or desirable including without limitation: (which shall be subject to Landlord's reasonable requirement): Tenant's submission to Landlord, for Landlord's prior written approval, of all plans and specifications relating to the Alterations; Landlord's prior written approval of 104 the time or times when the Alterations are to be performed; Landlord's prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's payment to Landlord of all reasonable costs and expenses incurred by Landlord because of Tenant's Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use or the proper performance of the Alterations.
Appears in 1 contract
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("Alterations") without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheld. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole discretion deems necessary or desirable including without limitation: ; Tenant's submission to Landlord, for Landlord's prior written approval, of all plans and specifications relating to the Alterations; Landlord's prior written approval of the time or times when the Alterations are to be performed; Landlord's prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use or the proper performance of the Alterations.
Appears in 1 contract
Samples: Office Lease (Deja Foods Inc)
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterationsalternations, additions, or improvements in or to the Premises ("Alterations") without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheldwithheld or delayed. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole discretion deems necessary or desirable including without limitation: Tenant's submission to Landlord, for Landlord's prior written approval, of all plans and specifications relating to the Alterations; Landlord's prior written approval of the time or times when the Alterations are to be performed; Landlord's prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment only of union contractors and subcontractors who shall not cause labor disharmony; Tenant's receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use or the proper performance of the Alterations.Alterations.**/
Appears in 1 contract
Samples: Sublease Agreement (Advanced Aerodynamics & Structures Inc/)
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("“Alterations"”) without the prior written consent of Landlord, which consent, with respect to non-structural nonstructural alterations, shall not be unreasonably withheld. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole reasonable discretion deems necessary or desirable including without limitation: Tenant's ’s submission to Landlord, for Landlord's ’s prior written approval, of all plans and specifications relating to the Alterations; Landlord's ’s prior written approval of the time or times when the Alterations are to be performed; Landlord's ’s prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's ’s receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's ’s payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's ’s Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Subject to the foregoing, Landlord shall not charge Tenant with a construction management fee in connection with any Alteration. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's ’s supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use or the proper performance of the Alterations. Notwithstanding anything to the contrary herein, Tenant may construct non-structural Alterations in the Premises without Landlord’s prior approval but upon prior written notice to Landlord, if the costs of any projects do not exceed Twenty-Five Thousand Dollars ($25,000) and Tenant shall, at the request of Landlord remove such Alterations at the end of the Term.
Appears in 1 contract
Samples: Office Lease (Omniture, Inc.)
Landlord’s Consent; Conditions. After completion of the initial Improvements pursuant to the Work Letter attached hereto as Exhibit B, Tenant shall thereafter will not make or permit to be made any alterations, additions, or improvements in or to the Premises ("“Alterations"”) without first obtaining the prior written consent of Landlord, which consentconsent will be requested in writing not less than thirty (30) days prior to the scheduled commencement of any Alterations. All Alterations
(a) will comply with all applicable Laws; (b) will be compatible (as determined in good faith by Landlord) with the Building and its structure and the Building Systems; and (c) will conform with the Landlord’s “Building Standard”, with respect to non-structural alterationsfound at 2016 Design Criteria/Facility Standard Construction which is available online at xxxxx://xxxxxxxxxx.xxx.xxx/2016-design-criteriafacilities-standards as of the Effective Date. In addition, shall not be unreasonably withheld. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole discretion deems necessary or desirable including without limitationrequire: (A) Tenant's ’s submission to Landlord, for Landlord's ’s prior written approval, of all plans and specifications relating to the Alterations; (B) Landlord's ’s prior written approval of the time or times when the Alterations are to be performed; (C) Landlord's ’s prior written approval of the contractors and subcontractors general contractor performing work in connection with the AlterationsAlterations (Landlord pre-approves Xxxxxxx Xxxxxxxx Construction, Utica Contracting, Inc., and Buch Construction); employment of union contractors and subcontractors who shall not cause labor disharmony; (D) Tenant's ’s receipt of all necessary permits and approvals from Landlord and all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; (E) Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord ’s written notice of whether the Alterations include the Handling of any Hazardous Materials Materials; (F) Tenant’s delivery to Landlord of such insurance as Landlord reasonably requires; and whether these materials are (G) Tenant’s (and Tenant’s contractor’s) compliance with such construction rules and regulations and the Building Standard as Landlord may reasonably promulgate from time to time. Landlord’s consent under this Section 8.1 shall not be unreasonably withheld, conditioned or delayed. All work will be performed by Tenant at Tenant’s expense and will be prosecuted to completion in a diligent, first class, and good and workmanlike manner and so as not to unreasonably interfere with any other tenants or occupants of a customary and typical nature for industry practicesthe Building. Upon Tenant will deliver to the Landlord, within thirty (30) days following completion of the Alterations, Tenant shall provide Landlord with copies a reproducible copy of the “as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use or the proper performance built” drawings of the Alterations. Notwithstanding the foregoing, non-structural alterations costing $150,000 or less shall not require Landlord’s consent.
Appears in 1 contract
Samples: Office Lease (IonQ, Inc.)
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("Alterations") without first obtaining the prior written consent of Landlord, which consentconsent shall be requested in writing not less than fifteen (15) business days prior to the scheduled and actual commencement of any work therein. All such Alterations (i) shall comply with all applicable Laws; (ii) shall be compatible (as determined in good faith by Landlord) with the Building and its mechanical, electrical, heating, ventilating, air-conditioning, and life safety systems; (iii) shall not interfere with respect to non-structural alterations, the use and occupancy of any other portion of the Building or the Project by any other tenant or their invitees; (iv) shall not be unreasonably withheldvisible from the exterior of the Building or from any Common Areas; and (v) shall not affect the integrity of the structural portions of the Building. In addition, Landlord may impose as a condition to making any Alterations such consent such additional requirements as Landlord in its sole reasonable discretion deems necessary or desirable including without limitation: (A) Tenant's submission to Landlord, for Landlord's prior written approval, of all plans and specifications relating to the Alterations; (B) Landlord's prior written approval of the time or times when the Alterations are to be performed; (C) Landlord's prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; (D) Tenant's receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; (E) Tenant's written notice of whether the Alterations include the Handling of any Hazardous Materials; (F) Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably customarily require; and (G) Tenant's payment to Landlord within ten (10) days of written demand therefor of all costs and expenses incurred by Landlord because of Tenant's Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice Alterations and Landlord's supervision fee (which shall equal five percent (5%) of whether the cost of the Alterations include the Handling of any Hazardous Materials in question); and whether these materials are of a customary (H) Tenant's (and typical nature for industry practicesTenant's contractor's) compliance with such construction rules and regulations and building standards as Landlord may promulgate from time to time. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans All direct and specifications indirect costs relating to any Alterations nor Landlord's supervision modifications, alterations or monitoring improvements of the Project or the Building, whether outside or inside of the Premises, required by any governmental agency or by Law as a condition or as the result of any Alterations Alteration requested or effected by Tenant shall constitute any warranty be borne by Tenant, and in connection therewith, Landlord may elect to Tenant perform such modifications, alterations or improvements (at Tenant's sole cost and expense) or require such performance directly by Tenant. The construction of the adequacy initial improvements to the Premises referred to as Tenant Improvements are the obligation of Landlord and not of Tenant and same shall be governed by the terms of the design for Tenant's intended use or Work Letter and not the proper performance terms of the Alterationsthis Article 10.
Appears in 1 contract
Landlord’s Consent; Conditions. Except for the Work (which shall be governed by Exhibit C attached hereto), Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises or the Project ("“Alterations"”) without the prior written consent of Landlord, which consent, with respect to non-structural alterations, consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right to make interior, nonmechanical, nonstructural Alterations costing less than $25,000 per Alteration without Landlord’s consent. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole discretion deems reasonably necessary or desirable including desirable, including, without limitation: Tenant's ’s submission to Landlord, for Landlord's ’s prior written approval, of all plans and specifications relating to the Alterations; Landlord's ’s prior written approval of the time or times when the Alterations are to be performed; Landlord's ’s prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's ’s receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's ’s delivery to Landlord of such performance or completion bonds as Landlord may request in connection with any Alteration expected to cost $100,000 or more and such insurance as Landlord shall reasonably require; and Tenant's payment a commitment from Tenant to pay to Landlord of all the actual, reasonable, third-party costs and expenses incurred by Landlord because of Tenant's Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, for the Alterations, not to exceed $10,000 per Alteration. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's ’s supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use or the proper performance of the Alterations. Notwithstanding Landlord’s review of any plans and specifications and whether or not Landlord in its sole discretion approves or disapproves the plans and specifications, Tenant and not Landlord shall be responsible for compliance of such plans and specifications and of the Alterations with all applicable laws, ordinances, regulations and directives of all governmental authorities, including, without limitation, Title III of the Americans with Disabilities Act of 1990, all regulations issued thereunder and the Accessibility Guidelines for Buildings and Facilities issued pursuant thereto, as the same are in effect on the date hereof and as may be hereafter modified, amended or supplemented (collectively, the “ADA Standards”).
Appears in 1 contract
Samples: Office Lease (McData Corp)
Landlord’s Consent; Conditions. Except for Alterations that (x) cost less than Fifty Thousand Dollars ($50,000.00) per Alteration (not the aggregate of all Alterations in a given period), (y) are non-structural and (z) are cosmetic or decorative, Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("“Alterations"”) without first obtaining the prior written consent of Landlord, which consentconsent shall be requested in writing not less than fifteen (15) business days prior to the scheduled and actual commencement of any work therein. All such Alterations (i) shall comply with all applicable Laws; (ii) shall be compatible (as reasonably determined by Landlord) with the Building and its mechanical, with respect to nonelectrical, heating, ventilating, air-structural alterationsconditioning, and life safety systems; (iii) shall not be unreasonably withheldvisible from the exterior of the Building or from any Common Areas; and (iv) shall not affect the structural integrity of the Building. In addition, Landlord may impose as a condition to making any Alterations such consent such additional requirements as Landlord in its sole reasonable discretion deems necessary or desirable including without limitation: (A) Tenant's ’s submission to Landlord, for Landlord's ’s prior written approval, of all plans and specifications relating to the Alterations; (B) Landlord's ’s prior written approval of the time or times when the Alterations are to be performed; (C) Landlord's ’s prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; (D) Tenant's ’s receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; (E) Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord ’s written notice of whether the Alterations include the Handling of any Hazardous Materials Materials; (F) Tenant’s delivery to Landlord of such insurance as Landlord shall customarily require; (G) Tenant’s payment to Landlord within thirty (30) days of written demand therefor of all actual and whether these materials reasonable out-of-pocket third party structural and engineering costs and expenses incurred by Landlord’s consultants in accordance with Institutional Owner Practices; and (H) Tenant’s (and Tenant’s contractor’s) compliance with such construction rules and regulations and building standards as Landlord may promulgate from time to time. Except for building code modifications which are of a customary unrelated to Tenant’s Alterations and typical nature except for industry practices. Upon completion of ADA requirements related to the Alterations, Tenant Building in general (in which case such modifications shall provide Landlord with copies of as-built plans. Neither the approval be performed by Landlord as an Operating Expense subject to Sections 1.2 and 4.2.4 above and Section 9.1 of plans this Lease), all direct and specifications indirect costs relating to any Alterations nor Landlord's supervision modifications, alterations or monitoring improvements of the Project or the Building, whether outside or inside of the Premises, required by any governmental agency or by Law as a condition or as the result of any Alterations Alteration requested or effected by Tenant shall constitute be borne by Tenant, and in connection therewith, with respect to any warranty by Landlord to Tenant such alterations or improvements that are located outside of the adequacy Premises, Landlord may elect to perform such modifications, alterations or improvements (at Tenant’s sole cost and expense) or require such performance directly by Tenant. The construction of the design for Tenant's intended use or initial improvements to the proper performance Premises shall be governed by the terms of the AlterationsWork Letter and not the terms of this Article 10.
Appears in 1 contract
Samples: Office Lease (Capitalsource Inc)
Landlord’s Consent; Conditions. Tenant shall will not make or permit to be made any alterations, additions, or improvements in or to the Premises, except those set forth in Exhibit D and such non-structural alterations or additions to the Premises which would not impair in more than a de minimus way the structural integrity of the Premises ("collectively, “Alterations"”) without first obtaining the prior written consent of Landlord, which consent, with respect to non-structural alterations, consent shall not be unreasonably withheldwithheld and will be requested in writing not less than fifteen (15) business days prior to the scheduled and actual commencement of any Alterations. All Alterations
(a) will comply with all applicable Laws, (b) will be compatible (as determined in good faith by Landlord) with the Building and its structure, mechanical, electrical, heating, ventilating, air-conditioning and life safety systems; (c) will not interfere with the use and occupancy of any other portion of the Building by any other tenant or their invitees; and (d) will not be visible from outside the Premises. In addition, Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole discretion deems necessary or desirable including without limitationrequire: (A) Tenant's ’s submission to Landlord, for Landlord's ’s prior written approval, of all plans and specifications relating to the Alterations; (B) Landlord's ’s prior written approval of the time or times when the Alterations are to be performed; (C) Landlord's ’s prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; (D) Tenant's ’s receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; (E) Tenant's ’s written notice of whether the Alterations include the Handling of any Hazardous Materials; (F) Tenant’s delivery to Landlord of such bonds and insurance as Landlord shall reasonably requirecustomarily requires; and (G) Tenant's ’s payment to Landlord within ten (10) days of written demand therefor of all costs and expenses incurred by Landlord because of Tenant's the Alterations, including including, but not limited to to, costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations and Landlord’s supervision fee (which will be ten percent (10%) of the cost of the Alterations); (H) Tenant’s (and Tenant’s contractor’s) compliance with such construction rules and regulations and building standards as Landlord may promulgate from time to time; and (I) Tenant’s agreement to remove some or all of the Alterations at the end of this Lease. All work will be performed by Tenant at Tenant’s expense and will be prosecuted to completion in a diligent, first class manner and so as not to interfere with any other tenants or occupants of the Building. Tenant is required will deliver to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon Building management office, within thirty (30) days following completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant a reproducible copy of the adequacy of the design for Tenant's intended use or the proper performance “as built” drawings of the Alterations.
Appears in 1 contract
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("“Alterations"”) without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheld, conditioned or delayed. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole reasonable discretion deems necessary or desirable including without limitation: Tenant's ’s submission to Landlord, for Landlord's ’s prior written approval, of all plans and specifications relating to the Alterations; Landlord's ’s prior written approval of the time or times when the Alterations are to be performed; Landlord's ’s prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's ’s receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's ’s delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's ’s payment to Landlord of all reasonable costs and expenses incurred by Landlord because of Tenant's ’s Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations, which shall not exceed five hundred dollars ($500). Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's ’s supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use or the proper performance of the Alterations. Notwithstanding anything to the contrary set forth herein, Tenant shall have the right, without Landlord’s consent but upon five (5) business days’ prior written notice to Landlord, to make cosmetic, non-structural additions and alterations (“Cosmetic Alterations”) to the Premises that do not (i) involve the expenditure of more than $20,000.00 in any one instance; (ii) affect the exterior appearance of the Premises or Building or (iii) affect the Building Systems or the Building Structure.
Appears in 1 contract
Samples: Office Lease (Wilshire Bancorp Inc)
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("collectively, the “Alterations"”) without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not consent may be unreasonably withheldgiven or withheld in Landlord’s reasonable discretion. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole reasonable discretion deems necessary or desirable including without limitation: Tenant's ’s submission to Landlord, for Landlord's ’s prior written approval, of all plans and specifications relating to the Alterations, and upon completion of the Alterations, Tenant’s delivery to Landlord for its permanent files on reproducible set of “as built” drawings showing the Alterations as constructed or installed in the Premises; Landlord's ’s prior written approval of the time or times when the Alterations are to be performed; Landlord's ’s prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's ’s receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's ’s delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's ’s payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's ’s Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations; and payment to Landlord a construction supervision in the amount of five percent (5%) of the costs of the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's ’s supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use or the proper performance of the Alterations.
Appears in 1 contract
Samples: Office Lease (Daily Journal Corp)
Landlord’s Consent; Conditions. Except for the Tenant’s Work described in the Work Letter Agreement attached hereto as Exhibit B which shall be governed by the terms of the Work Letter Agreement, Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("“Alterations"”) without the prior written consent of Landlord, which consent, with respect to non-structural alterations, consent shall not be unreasonably withheldwithheld conditioned or delayed beyond ten (10) business days after Tenant has provided Landlord with plans and specifications therefor. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole reasonable discretion deems necessary or desirable including without limitation: Tenant's ’s submission to Landlord, for Landlord's ’s prior written reasonable approval, of all plans and specifications relating to the Alterations; Landlord's ’s prior written reasonable approval of the time or times when the Alterations are to be performed; Landlord's ’s prior written reasonable approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's ’s receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's ’s delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's ’s payment to Landlord of all reasonable costs and expenses incurred by Landlord because of Tenant's ’s Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Tenant shall not place a load upon any floor of the Premises that exceeds seventy (70) pounds per square foot “live load.” Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's ’s supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use or the proper performance of the Alterations. Notwithstanding anything to the contrary in this Article 9, Tenant, at its sole cost and expense, shall have the right to make Alterations to the Premises without Landlord’s consent, but upon ten (10) days prior written notice to Landlord, provided that such alterations, additions and/or improvements (a) do not cost in the aggregate more than Ten Thousand and 00/100 Dollars ($10,000.00) in any twelve (12) month period in each instance; (b) do not adversely affect the Building structure; (c) do not adversely affect the Building systems; (d) do not affect the exterior appearance of the Building; (e) comply with Applicable Laws; and (f) do not unreasonably interfere with the normal and customary business operations of the other tenants in the Building (individually and collectively a “Design Problem”). Notwithstanding anything to the contrary in this Lease, Landlord agrees that Tenant shall have the right, at its sole cost and expense, subject only to Landlord’s approval, which Landlord may withhold in its reasonable discretion, to install, maintain, modify and if necessary relocate a vault and up to one (1) Automated Teller Machine (“ATM”) and a night depository on the Premises accessible by walk by invitees of the Tenant from the Common Area outside the Premises, along with such lighting and security systems required under Applicable Law for such installations. Landlord agrees that Tenant’s continued operation, maintenance and repair and/or replacement of Tenant’s ATM in this existing location in the Premises as of the Commencement Date shall not require any additional approval by Landlord. Subject to Tenant’s compliance with all Applicable Laws, Landlord further agrees that Tenant shall have the exclusive right to install and operate an ATM in the Building.
Appears in 1 contract
Landlord’s Consent; Conditions. Tenant shall not make or permit to ------------------------------ be made any alterations, additions, or improvements in or to the Premises ("'Alterations"') without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheld. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole discretion deems necessary or desirable including without limitation: Tenant's submission to Landlord, for Landlord's prior written approval, of all plans and specifications relating to the Alterations; Landlord's prior written approval of the time or times when the Alterations are to be performed; Landlord's prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and and, Tenant's payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use or the proper performance of the Alterations.
Appears in 1 contract
Landlord’s Consent; Conditions. Following completion of the Work described in the Work Letter Agreement, Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("Alterations") without the prior written consent of Landlord, which consentconsent may be granted or withheld at Landlord's reasonable discretion. Notwithstanding the foregoing, with respect to non-if the Alterations do not affect any structural alterationscomponent of the Building or Premises, Landlord's consent shall not be unreasonably withheld; and if the Alterations cost less than $5,000 in the aggregate during any consecutive twelve (12) month period and do not affect any structural components of the Building or Premises, Landlord's advance consent shall not be required, however, at least ten (10) business days prior to making any such Alterations, Tenant shall deliver advance written notice thereof to Landlord. As to all Alterations (whether or not Landlord's consent is required), Landlord may impose as a condition to making any said Alterations such requirements as Landlord in its sole reasonable discretion deems necessary or desirable including without limitation: Tenant's submission to Landlord, for Landlord's prior written approval, Landlord of all plans and specifications relating to the Alterations; Landlord's prior written approval of the time or times when the Alterations are to be performed; Landlord's prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment only of union contractors and subcontractors who shall not cause labor disharmony; Tenant's receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's payment to Landlord of all costs and expenses reasonably incurred by Landlord because of Tenant's such Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. As to all Alterations, Tenant is required to shall provide Landlord advance written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the any Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use or the proper performance of the Alterations.
Appears in 1 contract
Samples: Sublease (Chemconnect Inc)
Landlord’s Consent; Conditions. Tenant shall not make or permit to ------------------------------- be made any alterations, additions, or improvements in or to the Premises ("Alterations") without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheld. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole discretion deems necessary or desirable including without limitation: Tenant's submission to Landlord, for Landlord's prior written approval, of all plans and specifications relating to the Alterations; Landlord's prior written approval of the time or times when the Alterations are to be performed; Landlord's prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use or the proper performance of the Alterations.
Appears in 1 contract
Samples: Office Lease (Igate Capital Corp)
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("“Alterations"”) without first obtaining the prior written consent of Landlord, which consentconsent shall be requested in writing not less than fifteen (15) business days prior to the scheduled and actual commencement of any work therein. All such Alterations (i) shall comply with all applicable Laws, (ii) shall be compatible (as determined in good faith by Landlord) with respect to nonthe Building and its mechanical, electrical, heating, ventilating, air-structural alterationsconditioning, and life safety systems; (iii) shall not interfere with the use and occupancy of any other portion of the Building or the Project by any other tenant or their invitees; (iv) shall not be unreasonably withheldvisible from the exterior of the Building or from any Common Areas; and (v) shall not affect the integrity of the structural portions of the Building. In addition, Landlord may impose as a condition to making any Alterations such consent such additional requirements as Landlord in its sole discretion deems necessary or desirable including without limitation: (A) Tenant's ’s submission to Landlord, for Landlord's ’s prior written approval, of all plans and specifications relating to the Alterations; (B) Landlord's ’s prior written approval of the time or times when the Alterations are to be performed; (C) Landlord's ’s prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; (D) Tenant's ’s receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; (E) Tenant's ’s written notice of whether the Alterations include the Handling of any Hazardous Materials; (F) Tenant’s delivery to Landlord of such bonds and insurance as Landlord shall reasonably customarily require; and (G) Tenant's ’s payment to Landlord within ten (10) days of written demand therefor of all costs and expenses incurred by Landlord because of Tenant's ’s Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice Alterations and Landlord’s supervision fee (which shall equal ten percent (10%) of whether the cost of the Alterations include the Handling of any Hazardous Materials in question) and whether these materials are of a customary (H) Tenant’s (and typical nature for industry practicesTenant’s contractor’s) compliance with such construction rules and regulations and building standards as Landlord may promulgate from time to time. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans All direct and specifications indirect costs relating to any Alterations nor Landlord's supervision modifications, alterations or monitoring improvements of the Project or the Building, whether outside or inside of the Premises, required by any governmental agency or by Law as a condition or as the result of any Alterations Alteration requested or effected by Tenant shall constitute any warranty be borne by Tenant, and in connection therewith, Landlord may elect to Tenant of the adequacy of the design for perform such modifications, alterations or improvements (at Tenant's intended use ’s sole cost and expense) or the proper require such performance of the Alterationsdirectly by Tenant.
Appears in 1 contract
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises Building ("“Alterations"”) without the prior written consent of Landlord, which consent, with respect to non-structural alterations, shall not be unreasonably withheldwithheld or delayed. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole discretion deems necessary or desirable including without limitation: Tenant's ’s submission to Landlord, for Landlord's ’s prior written approval, of approval all plans and specifications relating to the Alterations; Landlord's Xxxxxxxx’s prior written approval of the time or times when the Alterations are to be performed; Landlord's ’s prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's ’s receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises Building prior to the construction of the Alterations; Tenant's delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's ’s payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's ’s Alterations, including but not limited to costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's ’s supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use or the proper performance of the Alterations.
Appears in 1 contract
Samples: Office Lease Agreement
Landlord’s Consent; Conditions. Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises ("collectively, the “Alterations"”) without the prior written consent of Landlord, which consent, with respect to non-consent may be given or withheld in Landlord’s sole and absolute discretion if such Alterations are of a structural alterations, nature; otherwise Landlord shall not be unreasonably withheldwithhold, delay or condition its approval of such Alterations. Landlord may impose as a condition to making any Alterations such requirements as Landlord in its sole discretion deems necessary or desirable including desirable, including, without limitation: Tenant's ’s submission to Landlord, for Landlord's ’s prior written approval, of all plans and specifications relating to the Alterations, and upon completion of the Alterations, Tenant’s delivery to Landlord for its permanent files one reproducible set of “as built” drawings showing the Alterations as constructed or installed in the Premises; Landlord's ’s prior written approval of the time or times when the Alterations are to be performed; Landlord's ’s prior written approval of the contractors and subcontractors performing work in connection with the Alterations; employment of union contractors and subcontractors who shall not cause labor disharmony; Tenant's ’s receipt of all necessary permits and approvals from all governmental authorities having jurisdiction over the Premises prior to the construction of the Alterations; Tenant's ’s delivery to Landlord of such bonds and insurance as Landlord shall reasonably require; and Tenant's ’s payment to Landlord of all costs and expenses incurred by Landlord because of Tenant's ’s Alterations, including including, but not limited to to, costs incurred in reviewing the plans and specifications for, and the progress of, the Alterations; and payment to Landlord of a construction supervision fee in the amount of ten percent (10%) of the costs of the Alterations. Landlord may also require, as a condition to its consent to any Alterations, that any architect retained by Tenant in connection with such Alterations be certified as a Certified Access Specialist (CASp), and that following the completion of such Alterations, such architect shall certify the Premises as meeting all applicable construction-related accessibility standards pursuant to California Civil Code Section 55.53. Tenant is required to provide Landlord written notice of whether the Alterations include the Handling of any Hazardous Materials and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant shall provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's ’s supervision or monitoring of any Alterations shall constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use or the proper performance of the Alterations. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Article IX, Tenant shall have the right, without Landlord’s consent, to make any Alteration that meets all of the following criteria (a “Cosmetic Alteration”): (a) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work), (b) Tenant provides Landlord with twenty-one (21) days’ advance written notice of the commencement of such Alteration, (c) such Alteration does not affect the Building’s electrical, mechanical, life safety, plumbing, security, or HVAC systems or any other portion of the base Building or any part of the Building other than the Premises, (d) the work does not require a building permit or other governmental permit, uses only new materials comparable in quality to those being replaced and is performed in a xxxxxxx like manner and in accordance with all Applicable Laws, and (e) the cost of such Alteration, when aggregated with the cost of all other Cosmetic Alterations performed during the previous twelve (12) month period, does not exceed Fifty Thousand Dollars ($50,000.00) in the aggregate as to all of the Premises. At the time Tenant notifies Landlord of any Cosmetic Alteration, Tenant shall give Landlord a copy of Tenant’s plans for the work. If the Cosmetic Alteration is of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific description of the work.
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