Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen (15) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days notice to Landlord, but without Landlord’s prior consent, to the extent that such Alterations do not (i) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Building, (ii) adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or (iv) cost more than Fifty Thousand and 00/100 Dollars ($50,000.00) for a particular job of work (the “Cosmetic Alterations”). The construction of the initial improvements to the Premises shall be governed by the terms of the Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4
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Samples: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD)
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen thirty (1530) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld withheld, conditioned or delayed by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building Building, or is visible from the exterior of the Building, or is contrary to Landlord’s LEED Initiatives. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days notice to Landlord, but without Landlord’s prior consent, to the extent that such Alterations do not (i) adversely affect involve the systems and equipment expenditure of the Building, exterior appearance of the Building, or structural aspects of the Building, more than $100,000.00 in each instance; (ii) adversely affect the value exterior appearance of the Premises or Building, (iii) require a building affect the Building systems or construction permitthe Building structure, (iv) affect the certificate of occupancy, or its legal equivalent, for the Building, or (ivv) cost more than Fifty Thousand and 00/100 Dollars ($50,000.00) for a particular job affect any of work Landlord’s LEED Initiatives (the “Cosmetic Alterations”). For purposes of determining the cost of an Alteration, work done in phases or stages shall be considered part of the same Alteration, and any Alteration shall be deemed to include all trades and materials involved in accomplishing a particular result. The construction of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
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Landlord’s Consent to Alterations. Tenant shall have the right, without Xxxxxxxx’s consent but upon five (5) business days’ prior notice to Landlord, to make non-structural additions and alterations (“Non-Structural Alterations”) to the Premises that do not (i) affect the exterior appearance of the Premises or Building, (ii) affect the Building Systems or the Building Structure, (iii) cause a “Design Problem,” as that term is defined below; or (iv) require a building or construction permit. Except for Non-Structural Alterations, Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such AlterationsAlterations and all plans and specifications relating thereto, which consent shall be requested by Tenant not less than fifteen ten (1510) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld withheld, delayed or conditioned by Landlord. A “Design Problem” is defined as, provided it shall and will be deemed reasonable for Landlord to withhold its consent to any exist if such Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from will (a) affect the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days notice to Landlord, but without Landlord’s prior consent, to the extent that such Alterations do not (i) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Building, (ii) adversely affect the value of the Premises or Building, ; (iiib) require a building or construction permit, materially adversely affect the Building Structure; (c) materially adversely affect the Building Systems; or (ivd) cost more than Fifty Thousand and 00/100 Dollars ($50,000.00) for a particular job of work (the “Cosmetic Alterations”)fail to comply with Applicable Laws. The construction of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
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Samples: Office Lease (ServiceTitan, Inc.), Office Lease (ServiceTitan, Inc.)
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen twenty (1520) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which may adversely affects the structural portions or the systems or equipment of affect the Building Structure or Building Systems, or is visible from the exterior of any Building, and further provided, that in no event shall Tenant paint the Buildingunderside or top of the structural slab. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days days’ notice to Landlord, but without Landlord’s prior consent, to the extent that such Alterations do not (i) adversely do not affect the systems and equipment of the BuildingBuilding Structure, exterior appearance of the Building, Building Systems or structural aspects of the Buildingequipment, (ii) adversely affect the value of the Premises or Building, (iii) do not require a building or construction permit, or (iviii) cost more less than Fifty Thousand and 00/100 Dollars ($50,000.00) 300,000.00 for a particular job of work work, and (iv) do not consist of painting the “Cosmetic Alterations”)underside or top of the structural slab. The construction of the initial improvements to the Premises shall be governed by the terms of the Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
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Samples: Lease Agreement (Dropbox, Inc.), Lease Agreement (Dropbox, Inc.)
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen (15) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days days’ notice to Landlord, but without Landlord’s prior consent, to the extent that such Alterations do not (i) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Building, (ii) adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or (iv) cost more than Fifty Thousand Five and 00/100 Dollars ($50,000.005.00) per rentable square foot of the affected area for a particular job of work on a particular floor of the Premises (the “Cosmetic Alterations”). The construction of the initial improvements to the Premises shall be governed by the terms of the Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
Appears in 2 contracts
Samples: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen (15) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld withheld, conditioned or delayed by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations in the Premises following ten (10) business days days’ notice to Landlord, but without Landlord’s prior consent, to the extent that such Alterations do not (i) adversely do not affect the Building systems and equipment or equipment, (ii) are not visible from the exterior of the Building, exterior appearance of the Building, or structural aspects of the Building, (ii) adversely affect the value of the Premises or Building, and (iii) require a building or construction permit, or (iv) cost more less than Fifty Thousand and 00/100 Dollars ($50,000.00) 50,000.00 for a particular job of work. Prior to commencing any Alterations affecting air distribution or disbursement from ventilation systems serving Tenant or the Building, including without limitation the installation of Tenant’s exhaust systems, Tenant shall provide Landlord with a third party report from a consultant, and in a form reasonably acceptable to Landlord, showing that such work (will not adversely affect the “Cosmetic Alterations”). The construction ventilation systems or air quality of the initial improvements Building (or of any other tenant in the Building) and shall, upon completion of such work, provide Landlord with a certification reasonably satisfactory to the Premises shall be governed by the terms of the Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, from such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement consultant confirming that Tenant utilize for no such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4adverse effects have resulted from such work.
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Samples: Sublease (Jounce Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.)
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen thirty (1530) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding anything in this Article 8 to the foregoingcontrary, Tenant shall be permitted to make Alterations following ten have the right, without Landlord’s consent but upon five (105) business days prior notice to Landlord, but without Landlord’s prior consent, to make Alterations to the extent such Alterations are cosmetic and non-structural or are estimated to cost less than Fifty Thousand Dollars ($50,000) (“Cosmetic Alterations”), provided that such Cosmetic Alterations do not (i) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Building, (ii) adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or (ivii) cost more than Fifty Thousand and 00/100 Dollars ($50,000.00) affect the Building’s electrical, ventilation, plumbing, elevator, mechanical, air conditioning or other systems. Notwithstanding that Landlord’s consent shall not be required for a particular job of work (the “any Cosmetic Alterations”), Tenant shall otherwise comply with the terms of this Article 8 in connection therewith. The construction of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
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Samples: Office Lease (Apptio Inc), Office Lease (Apptio Inc)
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen ten (1510) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld or conditioned by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Base Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days days’ notice to Landlord, but without Landlord’s prior consent, to the extent that such Alterations do not (i) adversely affect the systems and equipment of the Base Building, exterior appearance of the Building, or structural aspects of the Building, (ii) adversely affect the value of the Premises or BuildingPremises, (iii) require a building or construction permit, or (iv) cost more than Fifty in excess of Two Hundred Thousand and 00/100 Dollars ($50,000.00200,000.00) for in the aggregate in any consecutive twelve (12) month period, but with no such dollar limit on purely cosmetic decorations, such as carpet, paint and wall coverings, or (iv) require a particular job of work building permit (collectively, the “Cosmetic Alterations”). The construction of the initial improvements Improvements to the Premises shall be governed by the terms of the Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
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Landlord’s Consent to Alterations. Tenant may shall not make or permit any improvements, alterationsinstallations, alterations or additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “Alterations”) without first procuring in or to the Premises, the Building or the Property that involve or affect the structural portions of the Premises or the Property (the “Building Structure”) or any of the Property’s HVAC, mechanical, electrical, telecommunications, cabling, plumbing or other systems or equipment (the “Building Systems”) or the interior walls or corridors within the Premises. Tenant may make Alterations to the Premises that do not involve or affect the Building Structure or the Building Systems, subject to Landlord’s prior written consent of Landlord to such Alterationsconsent, which consent shall be requested by Tenant not less than fifteen (15) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlordwithheld, conditioned or delayed, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building, or which would violate any certificate of occupancy for the Building or any other permits or licenses relating to the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days days’ notice to Landlord, but without Landlord’s prior written consent, to the extent that such Alterations do not (i) adversely are purely cosmetic in nature (such as painting, carpeting, and the like), (ii) do not affect Building Systems or the systems and equipment Building Structure, (iii) are not visible from the exterior of the Building, exterior appearance of the Building, or structural aspects of the Building, (ii) adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or and (iv) cost more less than Fifty Thousand and 00/100 Dollars ($50,000.00) 50,000.00 for a particular job of work (the “Cosmetic Notice-Only Alterations”). The construction Landlord acknowledges that the addition of electrical outlets, data ports and lighting fixtures (all within the initial improvements capacities allocated to the Premises shall Premises) will be governed by deemed to be Notice-Only Alterations, subject to Tenant obtaining any and all necessary permits therefor. With respect to the terms Finish Work, in the event of the Work Letter and not a conflict between the terms of this Article 8. Landlord may impose, as a condition of its consent to any Section 8.3.1 and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited toExhibit 3.1, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs terms of Section 8.4Exhibit 3.1 shall govern.
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Landlord’s Consent to Alterations. With the exception of cosmetic alterations totaling less than ten thousand dollars ($10,000.00) per instance, and which do not impact any mechanical, HVAC, plumbing, structural or building facilities or systems, Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems in the Building pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen (15) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which may result in Landlord being in breach or default under the Bank’s lease, or may adversely affects affect the structural portions or the systems or equipment of the Building Building, or is visible from the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days notice to Landlord, but without Landlord’s prior consent, to the extent that such Alterations do not (i) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Building, ; (ii) adversely affect the value of the Premises or Building, ; or (iii) require a building or construction permit, or (iv) cost more than Fifty Thousand and 00/100 Dollars ($50,000.00) for a particular job constitute CEWA Work as defined in Section 5.2 of work the Lease (the “Cosmetic Alterations”). The construction of the initial improvements to the Premises shall be governed by the terms of the Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent (to the extent such consent is required hereunder) to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord. If Landlord shall give its consent, the consent shall be deemed conditioned upon Tenant acquiring a permit to do the work from appropriate governmental agencies, the furnishing of a copy of such permit to Landlord prior to the commencement of the work, and the compliance by Tenant with all conditions of said permit in a prompt and expeditious manner. If such Alterations will involve the use of or disturb hazardous materials or substances existing in the Premises, Tenant shall comply with Landlord’s rules and regulations concerning such hazardous materials or substances. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any removal and/or restoration and all applicable federal, state, county or municipal laws, rules and regulations and pursuant to a valid building permit, issued by the City of Concord, all in conformance with Landlord’s construction rules and regulations. In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the “Base Building,” as that term is defined below, then Landlord shall, at Tenant’s expense, make such changes to the Base Building. The “Base Building” shall include the structural portions of the Building, and the public restrooms, elevators, exit stairwells and the systems and equipment, including without limitation all mechanical, electrical, plumbing and HVAC systems and equipment, located in the internal core of the Building on the floor or floors on which the Premises are located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Project or any portion thereof, by any other tenant of the Project, and so as not to obstruct the business of Landlord or other tenants in the Project. In addition to Tenant’s obligations required under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to cause a Notice of Completion to be performed pursuant recorded in the office of the Recorder of the County of Contra Costa in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, and as a condition precedent to the TCCs enforceability and validity of Section 8.4Landlord’s consent, Tenant shall deliver to the management office for the Project a reproducible copy of the “as built” and CAD drawings of the Alterations, to the extent applicable, as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations.
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Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “"Alterations”") without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen thirty (1530) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Tenant may make strictly cosmetic, non-structural alterations, additions or improvements to the interior of the Premises (collectively, the "Cosmetic Alterations") without Landlord's consent, provided that: (A) Tenant delivers to Landlord written notice of such Cosmetic Alterations at least twenty (20) days prior to the commencement thereof; (B) the aggregate cost of all such Cosmetic Alterations during any twelve (12) consecutive month period does not exceed Fifty Thousand Dollars ($50,000.00); (C) such Cosmetic Alterations shall be permitted to make Alterations following ten performed by or on behalf of Tenant in compliance with the other provisions of this Article 8; (10D) business days notice to Landlord, but without Landlord’s prior consent, to the extent that such Cosmetic Alterations do not require the issuance of a building permit or other governmental approval; (iE) adversely such Cosmetic Alterations do not affect the systems Building Structure and/or the Building Systems; and equipment of (F) such Cosmetic Alterations are not visible from the Building, exterior appearance of the Building, or structural aspects of the Building, (ii) adversely affect the value of the Premises or the Building, (iii) require a building or construction permit, or (iv) cost more than Fifty Thousand and 00/100 Dollars ($50,000.00) for a particular job of work (the “Cosmetic Alterations”). The construction of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
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Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen fourteen (1514) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld withheld, conditioned or delayed by Landlord; provided, provided it shall be deemed reasonable for however, Landlord to may withhold its consent in its sole and absolute (but good faith) discretion with respect to any Alteration Alterations which adversely affects may affect the structural portions or the systems or equipment components of the Building or is visible the Systems and Equipment or which can be seen from outside the exterior of Premises (the Building“Prohibited Alterations”). Notwithstanding the foregoingforegoing to the contrary, Tenant shall be permitted to make Alterations following ten (10) business days notice to Landlord, but without Landlord’s prior consent, consent shall not be required with respect to any interior Alterations to the extent that such Alterations do not Premises which (i) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Buildingare not Prohibited Alterations, (ii) adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or (iv) cost more less than Fifty Thousand and 00/100 Dollars ($50,000.00) for any one (1) job, and (iii) do not require a particular job permit of any kind, as long as (A) Tenant delivers to Landlord notice and a copy of any final plans, specifications and working drawings for any such Alterations at least ten (10) days prior to commencement of the work thereof, and (B) the “Cosmetic other conditions of this Article 8 are satisfied including, without limitation, conforming to Landlord’s rules, regulations and insurance requirements which govern contractors. Tenant shall pay for all overhead, general conditions, fees and other costs and expenses of the Alterations”), and shall pay to Landlord a Landlord supervision fee of three percent (3%) of the hard cost of the Alterations. The construction of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
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Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or plumbing, HVAC facilities or other utility or Building systems pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen twenty (1520) business days prior to the commencement thereof, and which consent . Landlord shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold or delay its consent to any Alteration which adversely affects proposed nonstructural Alterations, provided that such Alterations (1) are not visible from the structural portions outside of the Building, (2) do not affect the use of or the systems or equipment require access to any part of the Building other than the Premises, (3) do not do not violate any certificate of occupancy for the Building or is visible from any other permits or licenses relating to the exterior Project, (4) do not adversely affect any service required to be furnished to Tenant or to any other tenant or occupant of the Building, (5) do not affect any Building systems or Common Areas, (6) do not reduce the value or utility of the Building, (7) do not consist of painting the underside or top of the structure slab, and (8) otherwise comply with the Rules and Regulations and this Article 8. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days days’ notice to Landlord, but without Landlord’s prior consent, to the extent that such Alterations do not (i) adversely affect are purely cosmetic in nature (such as painting, carpeting and the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Buildinglike), (ii) adversely do not affect the value of the Premises Building Structure, Building systems or Buildingequipment, (iii) don not require a building or construction permit, or (iv) are not visible from the exterior of the Building, (v) do not consist of painting the underside or top of the structure slab, and (vi) cost more less than Fifty Thousand and 00/100 Dollars ($50,000.00) 175,000.00 for a particular job of work (the “Cosmetic Alterations”). The construction of the initial improvements to the Premises shall be governed by the terms of the Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4of
Appears in 1 contract
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen thirty (1530) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted may install, remove or replace Tenant’s trade fixtures and research and development equipment in the Premises (provided the same does not adversely affect the Building Systems and Equipment or cause damage to the Building), and make Alterations following ten strictly cosmetic changes to the finish work in the Premises (10) business days notice to Landlorde.g., but carpet and paint), without Landlord’s prior consent, provided that the aggregate cost of construction associated with any such change does not exceed $25,000.00 for any individual item, nor $50,000 in the aggregate in any twelve (12) month period, and such changes do not require any structural or other substantial modifications to the extent that such Alterations Premises, do not (i) require the demolition or construction of demising walls, do not require any changes to, or adversely affect, the Systems and Equipment, and do not affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Building, Building (ii) adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or (iv) cost more than Fifty Thousand and 00/100 Dollars ($50,000.00) for a particular job of work (the “Cosmetic Alterations”). Tenant shall give Landlord at least thirty (30) days prior notice of such Cosmetic Alterations, which notice shall be accompanied by reasonably adequate evidence that such changes meet the criteria contained in this Section 8.1. The construction of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
Appears in 1 contract
Samples: Lease (GenMark Diagnostics, Inc.)
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen (15) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Subject to all of the terms and conditions of this Article 8 (including, without limitation, Tenant’s removal and restoration obligations set forth in Section 8.5 below), Tenant shall have the right to install one (1) shower in the Premises. Tenant hereby acknowledges there are two (2) showers located on the second floor of the Building as of the date of this Lease. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days days’ notice to Landlord, but without Landlord’s prior consent, to the extent that such Alterations do not (i) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Building, (ii) adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or (iv) cost more than Fifty Thousand and 00/100 Dollars ($50,000.00) for a particular job of work (the “Cosmetic Alterations”). The construction of the initial improvements to the Premises shall be governed by the terms of the Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
Appears in 1 contract
Samples: Sublease Agreement (Amplitude, Inc.)
Landlord’s Consent to Alterations. Tenant may not make any repairs, improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to other portion of the Premises Project (collectively, the “"Alterations”") without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen (15) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by LandlordLandlord and shall be granted or denied within ten (10) business days, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions constitutes a Design Problem (without limitation as to any other reasonable grounds for Landlord to withhold its consent to any particular Alterations). A "Design Problem" is defined as, and will be deemed to exist if such Alterations or the systems or equipment of the Building or is visible from Improvements may (i) affect the exterior appearance of the Building; (ii) affect the Building Structure or adversely affect the Building Systems in a non-de minimis manner; (iii) fail to comply with Applicable Laws and applicable building codes ("Code") or would cause any other portion of the Project to fail to comply with Applicable Laws or Code, (iv) be in conflict with Xxxxxxxx's Sustainability Requirements (including, without limitation, by jeopardizing any Sustainability Certification), (v) vitiate or otherwise negatively affect any warranty, guaranty, or insurance maintained by Landlord, (vi) materially increase Landlord's Repair Obligations, (vii) be unusually difficult or expensive to remove or not be readily usable for typical office or retail use (as applicable given the Permitted Use of the Premises) by a future tenant, (viii) unreasonably interfere with any other tenant or occupant of the Project, (ix) affect the certificate of occupancy or its legal equivalent for the Project or any portion thereof, (x) fail to adhere to mandatory Building standard requirements for the Project, or (xi) in connection with Improvements only, affect the critical path of construction of the Landlord SOV Improvements (as defined in the Work Letter). Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days days' notice to LandlordLandlord ("Cosmetic Alterations Notice"), but without Landlord’s 's prior consent, to the extent that such Alterations do not (ia) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Buildingconstitute a Design Problem, (ii) adversely affect the value of the Premises or Building, (iiib) require a building or construction permit, or (ivc) cost more than Fifty Thousand and 00/100 Dollars ($50,000.00) 8.00 per rentable square foot of the Premises affected for a particular job of work work, or more than $12.00 per rentable square foot of the Premises affected in the aggregate in any consecutive twelve (12) month period (the “"Cosmetic Alterations”"). The construction of Cosmetic Alterations Notice must be accompanied by reasonably adequate evidence that such Cosmetic Alterations meet the initial improvements criteria set forth above in this Section 8.1 (failing which Tenant shall not be permitted to the Premises shall be governed by the terms of the Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all perform such Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4without Xxxxxxxx's prior written consent).
Appears in 1 contract
Samples: Office Lease (Reddit, Inc.)
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “"Alterations”") without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen thirty (1530) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord; provided, provided it shall be deemed reasonable for however, Landlord to may withhold its consent in its sole and absolute discretion with respect to any Alteration Alterations which adversely affects may affect the structural portions or the systems or equipment components of the Building or is visible the Systems and Equipment or which can be seen from outside the exterior Premises. Tenant shall pay for all overhead, general conditions, fees and other costs and expenses of the Building. Notwithstanding the foregoingAlterations, Tenant and shall be permitted pay to make Alterations following ten Landlord a Landlord supervision fee of five percent (105%) business days notice to Landlord, but without Landlord’s prior consent, to the extent that such Alterations do not (i) adversely affect the systems and equipment of the Building, exterior appearance cost of the Building, or structural aspects of the Building, (ii) adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or (iv) cost more than Fifty Thousand and 00/100 Dollars ($50,000.00) for a particular job of work (the “Cosmetic Alterations”). The construction of the initial improvements to the Premises shall be governed by the terms of the Work Letter and not the terms of this Article 8. Landlord may imposeNotwithstanding the foregoing, as a condition Tenant shall have the right, without Landlord’s consent, but upon three (3) business days prior written notice to Landlord, to make strictly cosmetic, non-structural additions and alterations to the Premises that do not (i) involve the expenditure of its consent to more than $75,000.00 in the aggregate in any and all Alterations or repairs twelve (12) month period during the Lease Term, (ii) affect the appearance of the Premises Building or about any areas outside the Premises, such requirements as Landlord (iii) affect or impact in its reasonable discretion may deem desirableany way the systems or structure of the Building, including, but not limited to, or (iv) require the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs issuance of Section 8.4a building permit.
Appears in 1 contract
Samples: Office Lease (Mitek Systems Inc)
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “"Alterations”") without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen (15) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld or delayed by Landlord, provided it shall be deemed reasonable for Landlord to withhold or delay its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days notice to Landlord, but without Landlord’s 's prior consent, to the extent that such Alterations do not (i) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Building, (ii) adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or (iv) cost more than Fifty Ten Thousand and 00/100 Dollars ($50,000.0010,000.00) for a particular job of work (the “"Cosmetic Alterations”"). The construction of the initial improvements to the Premises shall be governed by the terms of the Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4
Appears in 1 contract
Samples: Office Lease (Affymetrix Inc)
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “"Alterations”") without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen (15) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days days' notice to Landlord, but without Landlord’s 's prior consent, to the extent that such Alterations do not (i) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Building, (ii) adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or (iv) cost more than Fifty One Hundred Thousand and 00/100 Dollars ($50,000.00100,000.00) for a particular job of work (the “"Cosmetic Alterations”"). The construction of the initial improvements to the Premises shall be governed by the terms of the Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
Appears in 1 contract
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “"Alterations”") without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen (15) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the BuildingBuilding (collectively, the "Major Alterations"). Notwithstanding the foregoing, Tenant Landlord's prior consent shall not be permitted required with respect to make any interior Alterations following ten (10) business days notice to Landlord, but without Landlord’s prior consent, to the extent that such Alterations do not Premises which (i) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Buildingare not Major Alterations, (ii) cost less than Thirty Thousand Dollars ($30,000) for any one (1) job, (iii) do not adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or and (iv) cost more than Fifty do not require a permit of any kind, as long as (A) Tenant delivers to Landlord notice and a copy of any final plans, specifications and working drawings for any such Alterations at least ten (10) days prior to commencement of the work thereof, and (B) the other conditions of this Article 8 are satisfied including, without limitation, conforming to Landlord's rules, regulations, and insurance requirements which govern contractors; provided, however, that with respect to Alterations consisting solely of painting and carpeting, such Thirty Thousand and 00/100 Dollar ($30,000) amount shall be deemed increased to One Hundred Thousand Dollars ($50,000.00100,000) for a particular job of work (the “"Cosmetic Alterations”"). The construction of the initial improvements to the Premises shall be governed by the terms of the Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
Appears in 1 contract
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen thirty (1530) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld withheld, conditioned or delayed by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. The construction of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 8. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days notice to Landlordhave the right, but without Landlord’s prior consent, but upon not less than twenty (20) days prior written notice to Landlord (“Pre-Approved Alteration Notice”), to make strictly cosmetic, non-structural Alterations to the extent Premises that such Alterations do not (i) adversely do not affect the systems and equipment any of the Building, exterior appearance of the Building, or structural aspects of the BuildingBuilding Systems, (ii) adversely do not affect the value Building Structure, (iii) are not visible from the exterior of the Premises or Buildingthe Building (with the exception of Building standard painting or flooring), (iii) require a building or construction permit, or and (iv) cost do not involve the expenditure of more than Fifty Thousand and 00/100 No/100ths Dollars ($50,000.00) for a particular job of work in each instance or One Hundred Fifty Thousand and No/100ths Dollars ($150.000.00) in the “Cosmetic Alterations”)aggregate in any 12-month period. The construction of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
Appears in 1 contract
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen (15) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days notice to Landlord, but without Landlord’s prior consent, to the extent that such Alterations do not (i) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Building, or (ii) adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or (iv) cost more than Fifty Thousand and 00/100 Dollars ($50,000.00) for a particular job of work Building (the “Cosmetic Alterations”). The construction of the initial improvements to the Premises shall be governed by the terms of the Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord. If Landlord shall give its consent, the consent shall be deemed conditioned upon Tenant acquiring a permit to do the work from appropriate governmental agencies, the furnishing of a copy of such permit to Landlord prior to the commencement of the work, and the compliance by Tenant with all conditions of said permit in a prompt and expeditious manner. If such Alterations will involve the use of or disturb hazardous materials or substances existing in the Premises, Tenant shall comply with Landlord’s rules and regulations concerning such hazardous materials or substances. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any removal and/or restoration and all applicable federal, state, county or municipal laws, rules and regulations and pursuant to a valid building permit, issued by the City where the Project is located, all in conformance with Landlord’s construction rules and regulations; provided, however, that prior to commencing to construct any Alteration, Tenant shall meet with Landlord to discuss Landlord’s design parameters and code compliance issues. In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the “Base Building,” as that term is defined below, then Landlord shall, at Tenant’s expense, make such changes to the Base Building. The “Base Building” shall include the structural portions of the Building, and the public restrooms, elevators, exit stairwells and the systems and equipment located in the internal core of the Building on the floor or floors on which the Premises are located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct access to the Project or any portion thereof, by any other tenant of the Project, and so as not to obstruct the business of Landlord or other tenants in the Project. Tenant shall retain any union trades to the extent designated by Landlord. Further, Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor or services in or about the Building or the Common Areas. In addition to Tenant’s obligations required under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to cause a Notice of Completion to be performed pursuant recorded in the office of the Recorder of the County of Contra Costa in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, and as a condition precedent to the TCCs enforceability and validity of Section 8.4Landlord’s consent, Tenant shall deliver to the management office for the Project a reproducible copy of the “as built” and CAD drawings of the Alterations, to the extent applicable, as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations.
Appears in 1 contract
Samples: Office Lease (Selectica Inc)
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “"Alterations”") without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen thirty (1530) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following have the right, without Landlord's prior consent, but upon not less than ten (10) business days prior written notice to Landlord, but without Landlord’s prior consentto make strictly cosmetic, non-structural Alterations to the extent Premises that such Alterations do not (i) adversely do not affect the systems and equipment any of the Building, exterior appearance of the Building, or structural aspects of the BuildingBuilding systems, (ii) adversely do not affect the value Building structure, (iii) are not visible from the exterior of the Premises or the Building, (iii) require a building or construction permitand, or (iv) cost do not involve the expenditure of more than Fifty Ten Thousand and 00/100 Dollars ($50,000.0010,000) for a particular job of work per Alteration or Thirty Thousand Dollars ($30,000) in the “Cosmetic Alterations”)aggregate in any Lease Year. The construction of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
Appears in 1 contract
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “"Alterations”") without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen thirty (1530) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days notice to Landlord, but without Landlord’s 's prior consent, to the extent that such Alterations do not (i) involve the expenditure of more than Five Thousand and 00/100 Dollars ($5,000.00) for any particular set of Alterations, (ii) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Building, or (iiiii) adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or (iv) cost more than Fifty Thousand and 00/100 Dollars ($50,000.00) for a particular job of work Building (the “"Cosmetic Alterations”"). The construction of the initial improvements to the Premises shall be governed by the terms of the Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
Appears in 1 contract
Samples: Lease (Cytori Therapeutics, Inc.)
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “"Alterations”") without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen (15) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days days' notice to Landlord, but without Landlord’s 's prior consent, to the extent that such Alterations do not (i) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Building, (ii) adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or (iv) cost more than One Hundred Fifty Thousand and 00/100 Dollars ($50,000.00150,000.00) for a particular job of work (the “"Cosmetic Alterations”"). The construction of the initial improvements Improvements to the Premises shall be governed by the terms of the Work Letter and not the terms of this Article 8. Landlord may imposeagrees to respond to any request by Tenant for approval of Alterations which approval is required hereunder within ten (10) business days after delivery of Tenant's written request; Landlord's response shall be in writing and, as a condition of if Landlord withholds its consent to any and all Alterations or repairs Alterations, Landlord shall specify in reasonable detail in Landlord's notice of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited todisapproval, the requirement that Tenant utilize basis for such purposes only contractors reasonably disapproval, and the changes to Tenant's plans which would be required in order to obtain Landlord's approval. If Landlord fails to notify Tenant of Landlord's approval or disapproval of any Alterations within such ten (10) business day period, Tenant shall have the right to provide Landlord with a second written request for approval (a "Second Request") that specifically identifies the applicable plans for the Alterations and contains the following statement in bold and capital letters: "THIS IS A SECOND REQUEST FOR APPROVAL PURSUANT TO THE PROVISIONS OF SECTION 8.1 OF THE LEASE. IF LANDLORD FAILS TO RESPOND WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT OF THIS NOTICE, THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED THE WORK DESCRIBED HEREIN." If Landlord fails to respond to such Second Request within five (5) business days after receipt by Landlord, the plans in question shall be deemed approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
Appears in 1 contract
Samples: Office Lease (Nektar Therapeutics)
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen thirty (1530) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the Building Systems, or the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Landlord’s consent shall not be required but Tenant shall be permitted to make Alterations following provide Landlord ten (10) business days notice to Landlordprior notice, but without Landlord’s prior consent, to the extent that such for any (x) non-structural Tenant Alterations which do not (i) adversely affect Building systems or require a permit or approval from the Governmental Authorities, such as furniture systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Building, (ii) adversely affect the value of the Premises or Building, (iii) require a building or construction permitcabling, or (ivy) cost more than Fifty Thousand Tenant Alterations consisting solely of all purely aesthetic Tenant Alterations (e.g., painting, wall coverings, carpeting and 00/100 Dollars similar decorative alterations ($50,000.00) for a particular job of work (the “Cosmetic Decorative Alterations”), provided and on condition that (aa) Tenant otherwise complies with the applicable provisions of this Lease, including, without limitation, providing evidence of the insurance requirements of this Lease, and all applicable Requirements and (bb) the cost of the Tenant Alterations in clause (x) does not exceed $25,000.00. The construction provisions of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant 8 shall apply to the TCCs of Section 8.4Tenant Improvements.
Appears in 1 contract
Samples: Office Lease (Cision Ltd.)
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “"Alterations”") without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen thirty (1530) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld or delayed by Landlord; provided, provided it shall be deemed reasonable for however, Landlord to may withhold its consent in its sole and absolute discretion with respect to any Alteration Alterations which adversely affects may affect the structural portions or the systems or equipment components of the Building or is visible materially adversely affect the Systems and Equipment or which can be seen from outside the exterior of the BuildingPremises. Notwithstanding the foregoing, the installation by Tenant of a Wi-Fi Network shall be governed by the terms of Section 8.3 below. Tenant shall be permitted to make Alterations following ten (10) business days notice to Landlordpay for all overhead, but without Landlord’s prior consentgeneral conditions, to the extent that such Alterations do not (i) adversely affect the systems fees and equipment other costs and expenses of the BuildingAlterations, exterior appearance and shall pay to Landlord a Landlord supervision fee of five percent (5%) of the Building, or structural aspects cost of the Building, (ii) adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or (iv) cost more than Fifty Thousand and 00/100 Dollars ($50,000.00) for a particular job of work (the “Cosmetic Alterations”). The construction of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 8. Notwithstanding the foregoing to the contrary, Tenant may, at its sole cost and expense and without Landlord's written consent, perform interior, non-structural alterations or additions to the Premises provided such alterations or additions do not affect the structural components of the Building or Systems and Equipment or require any permit or roof penetrations and the cost of which does not exceed $75,000 in the aggregate over a 12 month period (the "Permitted Alterations"). Tenant shall first notify Landlord at least fifteen (15) days prior to commencing any Permitted Alterations so that Landlord may impose, as post a condition Notice of its consent to any and all Alterations or repairs of the Premises or about Non-Responsibility on the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
Appears in 1 contract
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen ten (1510) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days notice to Landlord, but without Landlord’s prior consent, to the extent that such Alterations do not (i) adversely do not, in the aggregate, exceed a cost of $100,000.00 per Alteration, (ii) do not affect the systems and equipment of the Base Building, (iii) do not affect the exterior appearance of the Premises or the Building, (iv) do not interfere with any other tenant or structural aspects occupant of the Building, (iiv) adversely do not affect the value certificate of occupancy for the Building or any portion of the Premises or Building, and (iiivi) do not require a building the issuance of any permits, approvals or construction permit, or (iv) cost more than Fifty Thousand and 00/100 Dollars ($50,000.00) for a particular job of work other documents by any governmental agency (the “Cosmetic Alterations”). The construction of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
Appears in 1 contract
Samples: Office Lease (Opentv Corp)
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or plumbing, HVAC facilities or other utility or Building systems pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen (15) business days prior to the commencement thereof, and which consent . Landlord shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold or delay its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is proposed nonstructural Alterations, provided that such Alterations (1) are not visible from the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days notice to Landlord, but without Landlord’s prior consent, to the extent that such Alterations do not (i) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects outside of the Building, (ii2) do not affect the use of or require access to any part of the Building other than the Premises, (3) do not do not violate any certificate of occupancy for the Building or any other permits or licenses relating to the Project, (4) do not adversely affect the value any service required to be furnished to Tenant or to any other tenant or occupant of the Premises or Building, (iii5) require a building do not affect any Building systems or construction permitCommon Areas, (6) do not reduce the value or (iv) cost more than Fifty Thousand and 00/100 Dollars ($50,000.00) for a particular job of work (the “Cosmetic Alterations”). The construction utility of the initial improvements to Building, and (7) otherwise comply with the Premises shall be governed by the terms of the Work Letter Rules and not the terms of Regulations and this Article 8. Prior to commencing any Alterations affecting air distribution or disbursement from ventilation systems serving Tenant or the Building, including without limitation the installation of Tenant’s exhaust systems, Tenant shall provide Landlord may imposewith a third party report from a consultant, as and in a condition of its consent form reasonably acceptable to any and all Alterations Landlord, showing that such work will not adversely affect the ventilation systems or repairs air quality of the Premises Building (or about of any other tenant in the PremisesBuilding) and shall, upon completion of such requirements as work, provide Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement with a certification reasonably satisfactory to Landlord from such consultant confirming that Tenant utilize for no such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4adverse effects have resulted from such work.
Appears in 1 contract
Samples: Lease (Conatus Pharmaceuticals Inc.)
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen (15) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the BuildingBuilding (collectively, the “Major Alterations”). Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days notice to Landlord, but without Landlord’s prior consent, consent shall not be required with respect to any interior Alterations to the extent that such Alterations do not Premises which (i) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Buildingare not Major Alterations, (ii) cost less than Forty Thousand Dollars ($40,000) for any one (1) job, (iii) do not adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or and (iv) cost more than Fifty do not require a permit of any kind, as long as (A) Tenant delivers to Landlord notice and a copy of any final plans, specifications and working drawings for any such Alterations at least ten (10) days prior to commencement of the work thereof, and (B) the other conditions of this Article 8 are satisfied including, without limitation, conforming to Landlord’s rules, regulations, and insurance requirements which govern contractors; provided, however, that with respect to Alterations consisting solely of painting and carpeting, such Forty Thousand and 00/100 Dollar ($40,000) amount shall be deemed increased to One Hundred Thousand Dollars ($50,000.00100,000) for a particular job of work (the “Cosmetic Alterations”). The construction of the initial improvements to the Premises shall be governed by the terms of the Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
Appears in 1 contract
Samples: Office Lease (SERVICE-NOW.COM)
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen (15) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the BuildingBuilding (collectively, the “Major Alterations”). Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days notice to Landlord, but without Landlord’s prior consent, consent shall not be required with respect to any interior Alterations to the extent that such Alterations do not Premises which (i) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Buildingare not Major Alterations, (ii) cost less than Thirty Thousand Dollars ($30,000.00) for any one (1) job, (iii) do not adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or and (iv) cost more than Fifty do not require a permit of any kind, as long as (A) Tenant delivers to Landlord notice and a copy of any final plans, specifications and working drawings for any such Alterations at least ten (10) days prior to commencement of the work thereof, and (B) the other conditions of this Article 8 are satisfied including, without limitation, conforming to Landlord’s rules, regulations and insurance requirements which govern contractors; provided, however, that with respect to Alterations consisting of solely painting and carpeting, such Thirty Thousand and 00/100 Dollar ($30,000.00) amount shall be deemed increased to One Hundred Thousand Dollars ($50,000.00100,000.00) for a particular job of work (the “Cosmetic Alterations”). The construction of the initial improvements to the Premises shall be governed by the terms of the Work Letter Agreement and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
Appears in 1 contract
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “"Alterations”") without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen (15) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days days' notice to Landlord, but without Landlord’s 's prior consent, to the extent that such Alterations do not not
(i) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Building, (ii) adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or (iv) cost more than Fifty One Hundred Thousand and 00/100 Dollars ($50,000.00100,000.00) for a particular job of work (the “"Cosmetic Alterations”"). The construction of the initial improvements to the Premises shall be governed by the terms of the Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Halozyme Therapeutics, Inc.)
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “"Alterations”") without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen thirty (1530) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the BuildingBuilding or makes the Premises less valuable or marketable in the Landlord’s reasonable judgment. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days notice to Landlord, but without Landlord’s prior consent, any provision to the extent that such Alterations do not (i) adversely affect the systems and equipment of the Buildingcontrary contained in this Lease, exterior appearance of the BuildingNO GLUE OR ADHESIVE SHALL BE APPLIED TO ANY FINISHED CONCRETE FLOOR LOCATED WITHIN THE PREMISES. Any Alterations, or structural aspects of the Building, (ii) adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or (iv) cost more than Fifty Thousand and 00/100 Dollars ($50,000.00) for a particular job of work (the “Cosmetic Alterations”). The construction of the initial other improvements to made by Tenant within the Premises shall be governed by completed in such a manner as not to diminish the terms value or marketability of the Work Letter and Premises. Tenant shall not the terms without Landlord’s written permission, install any work of this Article 8. Landlord may impose, as a condition of its consent art whose removal is subject to any and all Alterations government or repairs of the Premises regulatory approval or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4restriction. TENANT SHOULD EXAMINE THE FLOOR PLAN IN EXHIBIT A FOR ACCURACY AS TENANT SHALL BE HELD RESPONSIBLE FOR ANY ALERATIONS FROM SUCH FLOOR PLAN MADE WITHOUT LANDLORD PRIOR WRITTEN CONSENT.
Appears in 1 contract
Samples: Office Lease (OverNear, Inc.)
Landlord’s Consent to Alterations. Tenant shall have the right, without Landlord's consent but upon five (5) business days prior notice to Landlord, to make strictly cosmetic, non-structural additions and alterations ("Cosmetic Alterations") to the Premises that do not (i) involve the expenditure of more than $25,000.00 in the aggregate, (ii) affect the exterior appearance of the Building, (iii) affect the Building Systems or the Building Structure, or (iv) violate law. Except in connection with Cosmetic Alterations, Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “"Alterations”") without first only upon procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen (15) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days notice to Landlord, but without Landlord’s prior consent, to the extent that such Alterations do not unless there (i) adversely is an adverse affect on the systems and equipment of Building Structure, (ii) there is an adverse affect on the BuildingBuilding Systems, (iii) there is an affect on the exterior appearance of the Building, or structural aspects appearances of the Building, (iiiv) adversely there is an adverse affect on the value conduct of the Premises another tenant's normal and customary business operation or Building, (iiiv) require there is a building or construction permitviolation of, or noncompliance with, applicable laws. If Landlord does not respond to a written request from Tenant requesting Landlord's consent to Alterations within seven (iv7) cost more than Fifty Thousand business days after Landlord's receipt of such request and 00/100 Dollars ($50,000.00) all documentation reasonably necessary for a particular job of work (the “Cosmetic Landlord to evaluate such request, then Landlord shall be deemed to have consented to such Alterations”). The construction of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter Letter, attached hereto as Exhibit D, and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
Appears in 1 contract
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “"Alterations”") without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen twenty (1520) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten five (105) business days notice to Landlord, but without Landlord’s 's prior consent, to the extent that such Alterations do not (i) adversely do not affect the building systems and equipment or equipment, (ii) are not visible from the exterior of the Building, exterior appearance of the Building, or structural aspects of the Building, (ii) adversely affect the value of the Premises or Building, and (iii) require a building or construction permit, or (iv) cost more less than Fifty Thousand and 00/100 Dollars ($50,000.00) 100,000.00 for a particular job of work (the “Cosmetic Alterations”)work. The construction of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 8. Landlord Notwithstanding anything to the contrary contained in this Section 8.5, Tenant may impose(and shall, as a condition before expiration or termination of its consent to any this Lease) remove Tenant’s trade fixtures, personal property, and all Alterations or repairs of the Premises or about equipment from the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement provided that Tenant utilize for such purposes only contractors reasonably approved shall repair any damage caused by Landlord, Tenant’s removal of its trade fixtures and restore any removal and/or restoration obligations required to be performed pursuant to areas affected by the TCCs of Section 8.4installation thereof.
Appears in 1 contract
Samples: Lease (Compugen LTD)
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “"Alterations”") without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen (15) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days days' notice to Landlord, but without Landlord’s 's prior consent, to the extent that such Alterations do not (i) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Building, (ii) adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or (iv) cost more than Fifty Three Hundred Thousand and 00/100 Dollars ($50,000.00300,000.00) for a particular job of work (the “"Cosmetic Alterations”"). The construction of the initial improvements to the Premises shall be governed by the terms of the Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
Appears in 1 contract
Samples: Office Lease (Retrophin, Inc.)
Landlord’s Consent to Alterations. Tenant may shall not make or permit any improvements, alterationsinstallations, alterations or additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “Alterations”) in or to the Premises, the Building or the Property that involve or affect the structural portions of the Premises or the Building (the “Building Structure”) or any of the Building’s HVAC, mechanical, electrical, telecommunications, cabling, plumbing or other systems or equipment (the “Building Systems”) or the interior walls or corridors within the Premises, without first procuring the Landlord’s prior written consent of Landlord to such Alterationsconsent, which consent shall be requested by Tenant not less than fifteen (15) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld by withheld, conditioned or delayed. Tenant may make Alterations to the Premises that do not involve or affect the Building Structure or the Building Systems, subject to Landlord’s prior written consent, provided it which consent shall not be unreasonably withheld, conditioned or delayed. Landlord’s prior written consent shall not be required for minor decorations and customary cosmetic wall and floor coverings in the Premises for which Tenant provides advance notice to Landlord and which do not exceed $100,000.00 in the aggregate on an annual basis (herein “Permitted Cosmetic Alterations”). It shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoingAlterations if, Tenant shall be permitted to make Alterations following ten (10) business days notice to Landlordamong other reasons, but without Landlord’s prior consent, to the extent that such Alterations do not (i) adversely affect the systems and equipment any structural component of the BuildingBuilding or the Building Systems, (ii) would be incompatible with the Building Systems, (iii) affect the exterior or the exterior appearance of the Building, Building or structural aspects of the BuildingCommon Areas or other property than the Premises, (iiiv) adversely affect diminish the value of the Premises or Building, (iii) require a building or construction permitthe Property, or (ivv) cost more than Fifty Thousand and 00/100 Dollars ($50,000.00) for a particular job of work (the “Cosmetic Alterations”). The construction of the initial improvements would require any unusual expense to the Premises shall be governed by the terms of the Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about readapt the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
Appears in 1 contract
Samples: Lease (Everbridge, Inc.)
Landlord’s Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises or any mechanical, plumbing or HVAC facilities or systems pertaining to the Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than fifteen (15) business days prior to the commencement thereof, and which consent shall not be unreasonably withheld withheld, conditioned or delayed by Landlord, provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which adversely affects the structural portions or the systems or equipment of the Building or is visible from the exterior of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days notice to Landlord, but without Landlord’s prior consent, to the extent that such Alterations do not are: (i) decorative only (i.e., installation of carpeting or painting of the Premises); or (ii) the cost of such Alterations does not exceed Fifty Thousand and No/100 Dollars ($50,000,00), do not affect and/or are not constructed long the window line of the Premises such the same may be seen from the exterior of the Premises, and do not adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Building, ; and provided that such all such Alterations identified in items (i) and (ii) adversely affect above shall nonetheless be made in accordance with the value remaining terms of this Article 8, and the Premises or Building, (iii) require a building or construction permit, or (iv) cost more than Fifty Thousand and 00/100 Dollars ($50,000.00) for a particular job terms of work (the “Cosmetic Alterations”)this Lease. The construction of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 8. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.4.
Appears in 1 contract