Common use of LESSEE'S ALTERATIONS Clause in Contracts

LESSEE'S ALTERATIONS. Lessee shall not make or suffer to be made any alterations, additions, deletions, changes or improvements (individually, an “Alteration,” and collectively, “Alterations”) to or of the Premises, or any part thereof without Lessor’s prior written consent, which consent shall not, except as otherwise expressly provided in this Lease, be unreasonably withheld or delayed. Lessor may impose, as a condition to the aforesaid consent, such requirements and conditions as Lessor may deem necessary in its reasonable discretion, including, without limitation, requirements and conditions relating to: the manner in which the work is done (including, without limitation, the plans and specifications); the contractor by whom the work is to be performed; and the times during which such work is to be accomplished. Without limiting the generality of the foregoing, Lessor may impose any of the following requirements: (i) that Lessee post a completion bond in an amount and form reasonably satisfactory to Lessor; and (ii) that Lessee reimburse Lessor, as additional rent, for Lessor’s reasonable costs incurred in reviewing any proposed Alterations, whether or not Lessor’s consent is granted. If Lessor fails to respond to Lessee’s written request for consent within thirty (30) days after Lessor’s receipt of any such request, Lessor shall be deemed to have consented to the Alterations described in such request. On or before Lease Termination, Lessee, at its expense, will remove any and all such Alterations installed by Lessee and designated for removal by Lessor (except as provided below with respect to the Initial Alterations [defined below]) and shall, at its cost, promptly repair all damages to the Premises caused by such removal and restore the Premises to the condition existing on the Commencement Date (and, without limiting the use of the Security Deposit pursuant to any other provision of this Lease, if Lessee shall fail to so remove and restore, Lessor may do so and use such amount of the Security Deposit as is necessary to reimburse Lessor for the costs and expenses incurred by Lessor in connection therewith). If Lessor consents to any Alterations to the Premises by Lessee, the same shall be made by Lessee at Lessee’s sole cost and expense in accordance with plans and specifications approved, in advance, by Lessor. Any such Alterations made by Lessee shall be performed in accordance with all applicable laws, ordinances and codes and in a first class workmanlike manner, and shall not weaken or impair the structural strength or lessen the value of the Building, shall not incorporate materials that are susceptible to mold (e.g., rubber foam), shall not invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the Premises, including any equipment therein, and shall be performed in a manner causing Lessor and Lessor’s Agents the least interference and inconvenience practicable under the circumstances. In making any such Alterations, Lessee shall, at Lessee’s sole cost and expense:

Appears in 2 contracts

Samples: Lease Agreement (Asante Solutions, Inc.), Lease Agreement (Asante Solutions, Inc.)

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LESSEE'S ALTERATIONS. Lessee shall not make or suffer to be made any alterations, additions, deletions, changes or improvements (individually, an “Alteration,” and collectively, "Alterations") to or of the Premises, or any part thereof without Lessor’s 's prior written consent, which consent shall not, except as otherwise expressly provided in this the Lease, be unreasonably withheld withheld; except, however, that without Lessor's consent but upon at least fifteen (15) days prior written notice to Lessor, Lessee may make interior, non-structural Alterations costing less than Twenty-Five Thousand Dollars ($25,000.00) per work of Alterations and not (1) requiring the demolition of any material existing improvements, or delayed(2) affecting the mechanical or utility systems serving the Premises or the exterior appearance of the Building. Lessor may impose, as a condition to the aforesaid consent, such requirements and conditions as Lessor may deem necessary in its reasonable discretion, including, including without limitation, requirements and conditions relating to: the manner in which the work is done (including, without limitation, the plans and specifications)done; a right of approval of the contractor by whom the work is to be performed; and the times during which such work is to be accomplished. Without limiting ; in the generality event of proposed Alterations estimated to cost more than Fifty Thousand Dollars ($50,000.00), the foregoing, Lessor may impose any of the following requirements: (i) requirement that Lessee post a lien and completion bond (or its equivalent) in an amount equal to one and one-half times any and all estimated Alterations costs and otherwise in form reasonably satisfactory to LessorLessor to insure Lessor against any liability for mechanics' and materialmen's liens and to insure completion of the work; and (ii) the requirement that Lessee reimburse Lessor, as additional rent, for Lessor’s 's reasonable costs incurred in reviewing any proposed Alterations, whether or not Lessor’s 's consent is granted. If ; and, unless otherwise approved by Lessor fails to respond to Lessee’s written request for consent within thirty (30) days after Lessor’s receipt of any at the time Lessee makes such requestAlterations, Lessor shall be deemed to have consented to the Alterations described in such request. On or before requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed by Lessee and designated for removal by Lessor (except as provided below with respect to the Initial Alterations [defined below]) and shall, at its cost, promptly repair all damages to the Premises Project caused by such removal and restore removal, or (ii) the Premises to Alterations made by Lessee shall remain with the condition existing on the Commencement Date (andPremises, without limiting the use be a part of the Security Deposit pursuant realty, and belong to any other provision of this Lease, if Lessee shall fail to so remove and restore, Lessor may do so and use such amount of the Security Deposit as is necessary to reimburse Lessor for the costs and expenses incurred by Lessor in connection therewith)Lessor. If Lessor consents to any Alterations to the Premises by Lessee, the same shall be made by Lessee at Lessee’s 's sole cost and expense in accordance with plans and specifications approved, in advance, approved by Lessor. Any such Alterations made by Lessee (whether or not Lessor's consent is required therefor) shall be performed in accordance with all applicable laws, ordinances and codes and in a first class workmanlike manner, and shall not weaken or impair the structural strength or lessen the value of the Building, shall not incorporate materials that are susceptible to mold (e.g., rubber foam), shall not invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the PremisesProject, including any equipment therein, and shall be performed in a manner causing Lessor and Lessor’s Agents 's agents and other tenants of the Building the least interference and inconvenience practicable under the circumstances. In making any such Alterations, Lessee shall, at Lessee’s 's sole cost and expense:

Appears in 2 contracts

Samples: Office Lease (Netgravity Inc), Office Lease (Doubleclick Inc)

LESSEE'S ALTERATIONS. Lessee After the Commencement Date of the Term, Lessee, without the prior written consent of Lessor which shall not make or suffer to be made any alterations, additions, deletions, changes or improvements (individually, an “Alteration,” and collectively, “Alterations”) to or of the Premises, or any part thereof without Lessor’s prior written consent, which consent shall not, except as otherwise expressly provided in this Lease, be unreasonably withheld or delayed. , shall do no painting or decorating, erect no partitions, make no alterations or repairs (other than minor, inconsequential repairs which require no expertise) in or additions to the Premises, make no change to the locks, do no nailing, boring, or screwing in the ceiling, walls (except for hanging of typical framed artwork, plaques and similar items for which no prior consent shall be required) or floors, and disturb or change no HVAC, electrical or plumbing systems or facilities; provided, however, that as to the two offices and 'bullpen' designated for the principals of Lessee on the final initial plans for the Premises, Lessor may impose, deny consent to any reconfiguration thereof in Lessor's sole discretion. If the Building is or becomes certified or designated as a condition national or local landmark, or is placed on any national or local register of historic districts or places, Lessor's decision to refuse to consent based upon the aforesaid consent, such requirements and conditions restrictions of such status, shall be conclusive. If Lessor so consents, then and before commencement of any such work or delivery of any materials into the Premises or the Building Lessee shall furnish to Lessor for approval architectural plans and specifications, names and addresses of all contractors, contracts, necessary permits and licenses, certificates of insurance and instruments of indemnification against any and all claims, costs, expenses, damages and liabilities which may arise in connection with such work, all in such form and amount as may be satisfactory, to Lessor. In addition, prior to commencement of any such work or delivery of any materials into the Premises, Lessee shall provide for payment for such work and materials in full, and, if requested by Lessor, shall deposit with Lessor at such time such security for the payment of said work and materials as Lessor may deem necessary in its reasonable discretion, including, without limitation, requirements and conditions relating to: the manner in which the work is done (including, without limitation, the plans and specifications); the contractor by whom the work is to be performed; and the times during which such work is to be accomplishedrequire. Without limiting the generality of Whether or not Lessee furnishes the foregoing, Lessor may impose any of the following requirements: (i) that Lessee post a completion bond in an amount agrees to indemnify and form reasonably satisfactory to Lessor; and (ii) that Lessee reimburse save Lessor, as additional rentits principals, for Lessor’s reasonable costs incurred the Trust, and their respective agents, employees and servants all forever harmless against all claims and liabilities of every kind, nature and description which may arise out of or in reviewing any proposed Alterations, whether or not Lessor’s consent is grantedway be connected with such work. If Lessor fails to respond to Lessee’s written request for consent within thirty (30) days after Lessor’s receipt of any All such request, Lessor work shall be deemed to have consented to the Alterations described in such request. On or before Lease Termination, Lessee, at its expense, will remove any and all such Alterations installed by Lessee and designated for removal by Lessor (except as provided below with respect to the Initial Alterations [defined below]) and shall, at its cost, promptly repair all damages to the Premises caused by such removal and restore the Premises to the condition existing on the Commencement Date (and, without limiting the use of the Security Deposit pursuant to any other provision of this Lease, if Lessee shall fail to so remove and restore, Lessor may do so and use such amount of the Security Deposit as is necessary to reimburse Lessor for the costs and expenses incurred by Lessor in connection therewith). If Lessor consents to any Alterations to the Premises by Lessee, the same shall be made by Lessee at Lessee’s sole cost and expense in accordance with plans and specifications approved, in advance, by Lessor. Any such Alterations made by Lessee shall be performed in accordance with all applicable lawslegal, governmental and quasi-governmental requirements, ordinances and codes rules (including the Board of Fire Underwriters) and all requirements of applicable insurance companies, and Lessee shall be responsible for securing all necessary pen-nits and approvals prior to commencement of any such work. All such work shall be done in a first class good and workmanlike mannermanner and with the use of good grades of materials and free and clear of all liens for labor and materials therefor. Unless Lessor requests their removal, all alterations, improvements, additions and installations to or on the Premises shall become part of the Premises at the time of their installation and shall not weaken remain in and with the Premises at the expiration or impair the structural strength sooner termination of this Lease (or lessen the value of Lessee's rights of possession of the Building, shall not incorporate materials that are susceptible to mold (e.g., rubber foamPremises), shall not invalidate, diminish, without compensation or adversely affect any warranty applicable credit to the Building or any other improvements located within the Premises, including any equipment therein, Lessee; and shall be performed in a manner causing if Lessor and Lessor’s Agents the least interference and inconvenience practicable under the circumstances. In making any such Alterations, Lessee shall, at Lessee’s sole cost and expense:so

Appears in 1 contract

Samples: Office Lease (Metal Management Inc)

LESSEE'S ALTERATIONS. Lessee shall not make or suffer to be made any alterations, additions, deletions, changes or improvements (individually, an “Alteration,” and collectively, “Alterations”) to or of the Premises, or any part thereof without Lessor’s prior written consent, which consent shall not, except as otherwise expressly provided in this the Lease, be unreasonably withheld withheld; except, however, that without Lessor’s consent but upon at least ten (10) business days prior written notice to Lessor, Lessee may make interior, non-structural Alterations costing less than Twenty-Five Thousand Dollars ($25,000.00) per work of Alterations and not (1) requiring the demolition of any material existing improvements, or delayed(2) affecting the mechanical or utility systems serving the Premises or the exterior appearance of the Building. Lessor may impose, as a condition to the aforesaid consent, such reasonable requirements and conditions as Lessor may deem necessary in its reasonable discretion, including, including without limitation, requirements and conditions relating to: the manner in which the work is done (including, without limitation, the plans and specifications)done; a right of approval of the contractor by whom the work is to be performed; and the times during which such work is to be accomplished. Without limiting ; the generality of the foregoing, Lessor may impose any of the following requirements: (i) that Lessee post a completion bond in an amount and form reasonably satisfactory to Lessor; and (ii) requirement that Lessee reimburse Lessor, as additional rent, for Lessor’s reasonable out-of-pocket costs incurred in reviewing any proposed Alterations, whether or not Lessor’s consent is granted. If Lessor fails to respond to Lessee’s written request for consent within thirty (30) days after Lessor’s receipt of any such request, Lessor shall be deemed to have consented to ; and the Alterations described in such request. On or before requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed by Lessee and designated for removal by Lessor (except as provided below with respect to the Initial Alterations [defined below]) and shall, at its cost, promptly repair all damages to the Premises Project caused by such removal and restore removal, or (ii) the Premises to Alterations made by Lessee shall remain with the condition existing on the Commencement Date (andPremises, without limiting the use be a part of the Security Deposit pursuant realty, and belong to any other provision of this Lease, if Lessee shall fail to so remove and restore, Lessor may do so and use such amount of the Security Deposit as is necessary to reimburse Lessor for the costs and expenses incurred by Lessor in connection therewith)Lessor. If Lessor consents to any Alterations to the Premises by Lessee, the same shall be made by Lessee at Lessee’s sole cost and expense in accordance with plans and specifications approved, in advance, approved by Lessor. Any such Alterations made by Lessee shall be performed in accordance with all applicable laws, ordinances and codes and in a first class workmanlike manner, and shall not weaken or impair the structural strength or lessen the value of the Building, shall not incorporate materials that are susceptible to mold (e.g., rubber foam), shall not invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the PremisesProject, including any equipment therein, and shall be performed in a manner causing Lessor and Lessor’s Agents agents and other tenants of the Building the least interference and inconvenience practicable under the circumstances. In making any such Alterations, Lessee shall, at Lessee’s sole cost and expense:

Appears in 1 contract

Samples: Office Lease (Borland Software Corp)

LESSEE'S ALTERATIONS. Lessee shall not make or suffer to be made any alterations, additions, deletions, changes or improvements (individually, an “Alteration,” and collectively, “Alterations”) to or of the Premises, or any part thereof without Lessor’s prior written consent, which consent shall not, except as otherwise expressly provided in this the Lease, be unreasonably withheld withheld; except, however, that without Lessor’s consent but upon at least ten (10) business days prior written notice to Lessor, Lessee may make interior, non-structural Alterations costing less than Ten Thousand Dollars ($10,000.00) in any one instance and not (1) requiring the demolition of any material improvements existing as of the Commencement Date, or delayed(2) materially affecting the mechanical or utility systems serving the Premises or the exterior appearance of the Building. Lessor may impose, as a condition to the aforesaid consent, such requirements and conditions as Lessor may deem necessary reasonably appropriate in its reasonable discretion, including, including without limitation, requirements and conditions relating to: the manner in which the work is done (including, without limitation, the plans and specifications)done; a right of approval of the contractor by whom the work is to be performed; and the times during which such work is to be accomplished. Without limiting ; the generality of the foregoing, Lessor may impose any of the following requirements: (i) requirement that Lessee post a lien and completion bond (or its equivalent) in an amount equal to one and one-half times any and all estimated Alterations costs and otherwise in form reasonably satisfactory to LessorLessor to insure Lessor against any liability for mechanics’ and materialmen’s liens and to insure completion of the work; and (ii) the requirement that Lessee reimburse Lessor, as additional rent, for Lessor’s actual and reasonable costs incurred in reviewing any proposed Alterations, whether or not Lessor’s consent is granted. If Lessor fails to respond to Lessee’s written request for consent within thirty (30) days after Lessor’s receipt of any such request, Lessor shall be deemed to have consented to ; and the Alterations described in such request. On or before requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed by Lessee and designated for removal by Lessor (except as provided below with respect to at the Initial Alterations [defined below]) time Lessor approves such Alteration, and Lessee shall, at its cost, promptly repair all damages to the Premises Project caused by such removal and restore removal, or (ii) the Premises to Alterations made by Lessee shall remain with the condition existing on the Commencement Date (andPremises, without limiting the use be a part of the Security Deposit pursuant realty, and belong to any other provision of this Lease, if Lessee shall fail to so remove and restore, Lessor may do so and use such amount of the Security Deposit as is necessary to reimburse Lessor for the costs and expenses incurred by Lessor in connection therewith)Lessor. If Lessor consents to any Alterations to the Premises by Lessee, the same shall be made by Lessee at Lessee’s sole cost and expense in accordance with plans and specifications approved, in advance, approved by Lessor. Any such Alterations made by Lessee shall be performed in accordance with all applicable laws, ordinances and codes and in a first class workmanlike manner, and shall not weaken or impair the structural strength or lessen the value of the Building, shall not incorporate materials that are susceptible to mold (e.g., rubber foam), shall not invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the PremisesProject, including any equipment therein, and shall be performed in a manner causing Lessor and Lessor’s Agents agents and other tenants of the Building the least interference and inconvenience practicable under the circumstances. In making any such Alterations, Lessee shall, at Lessee’s sole cost and expense:

Appears in 1 contract

Samples: Office Lease (SourceForge, Inc)

LESSEE'S ALTERATIONS. Lessee shall not make or suffer to be made any alterations, additions, deletions, changes or improvements (individually, an “Alteration,” and collectively, “Alterations”) to or of the Premises, or any part thereof without Lessor’s prior written consent, which consent shall not, except as otherwise expressly provided in this the Lease, be unreasonably withheld or delayedwithheld. Lessor may impose, as a condition to the aforesaid consent, such reasonable requirements and conditions as Lessor may deem necessary in its reasonable discretion, including, including without limitation, requirements and conditions relating to: the manner in which the work is done (including, without limitation, the plans and specifications)done; a right of approval of the contractor by whom the work is to be performed; and the times during which such work is to be accomplished. Without limiting ; the generality of requirement that Lessee, for Alterations costing more than $50,000 in the foregoingaggregate (other than the Initial Lessee Improvements (as herein defined), Lessor may impose any of the following requirements: (i) that Lessee post a lien and completion bond (or its equivalent) in an amount equal to one and one-half times any and all estimated Alterations costs and otherwise in form reasonably satisfactory to LessorLessor to insure Lessor against any liability for mechanics’ and materialmen’s liens and to insure completion of the work; and (ii) the requirement that Lessee reimburse Lessor, as additional rent, for Lessor’s reasonable costs incurred in reviewing any proposed Alterations, whether or not Lessor’s consent is granted. If Lessor fails to respond to Lessee’s written request for consent within thirty (30) days after Lessor’s receipt of any such request, Lessor shall be deemed to have consented to ; and the Alterations described in such request. On or before requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed by Lessee and designated for removal by Lessor (except as provided below with respect to the Initial Alterations [defined below]) and shall, at its cost, promptly repair all damages to the Premises Project caused by such removal and restore removal, or (ii) the Premises to Alterations made by Lessee shall remain with the condition existing on the Commencement Date (andPremises, without limiting the use be a part of the Security Deposit pursuant realty, and belong to any other provision of this Lease, if Lessee shall fail to so remove and restore, Lessor may do so and use such amount of the Security Deposit as is necessary to reimburse Lessor for the costs and expenses incurred by Lessor in connection therewith)Lessor. If Lessor consents to any Alterations to the Premises by Lessee, the same shall be made by Lessee at Lessee’s sole cost and expense in accordance with plans and specifications approved, in advance, approved by Lessor. Any such Alterations made by Lessee shall be performed in accordance with all applicable laws, ordinances and codes and in a first class workmanlike manner, and shall not weaken or impair the structural strength or lessen the value of the Building, shall not incorporate materials that are susceptible to mold (e.g., rubber foam), shall not invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the PremisesProject, including any equipment therein, and shall be performed in a manner causing Lessor and Lessor’s Agents agents and other tenants of the Building the least interference and inconvenience practicable under the circumstances. In making any such Alterations, Lessee shall, at Lessee’s sole cost and expense:

Appears in 1 contract

Samples: Office Lease (Pure Storage, Inc.)

LESSEE'S ALTERATIONS. Lessee shall Other than Lessee’s original improvements, as outlined in Lessee’s Work Letter attached hereto as Exhibit C and Lessee’s Plans and Specifications attached hereto as Exhibit D (which exhibits will be approved and attached to this Lease no later than July 31, 2000), Xxxxxx will not make or suffer to be made any permit alterations, additions, deletions, changes or improvements (individually, an “Alteration,” and collectively, including fixtures) in or to the Premises (collectively “Alterations) to or of the Premises, or any part thereof without Lessor’s prior written consent, which consent shall not, except as otherwise expressly provided in this Lease, not be unreasonably withheld or delayedwithheld. Lessor may impose, Prior to commencing any Alteration work and as a condition to the aforesaid obtaining Lessor’s consent, such requirements Lessee must furnish evidence of contractor’s and conditions as Lessor may deem necessary subcontractor’s insurance in its reasonable discretion, including, without limitation, requirements a type and conditions relating to: the manner in which the work is done (including, without limitation, the plans and specifications); the contractor by whom the work is to be performed; and the times during which such work is to be accomplished. Without limiting the generality of the foregoing, Lessor may impose any of the following requirements: (i) that Lessee post a completion bond in an amount and form reasonably satisfactory acceptable to Lessor; and payment bond or other security, all in form and amount satisfactory to Lessor. All contractors must be licensed and approved in writing by Lessor. All such Alterations shall be installed in a good workmanlike manner using new materials. Lessor shall have the right to designate reasonable rules, regulations and procedures for the performance of work in the Office Building. Lessee agrees to hire Lessor’s architect/and or engineers to prepare and consult on all plans for Lessee’s initial interior improvement. All Alterations, by Lessee or Lessor shall comply with insurance requirements, codes, ordinances, laws and regulations, including without limitation, compliance with Americans with Disabilities Act. Lessor’s approval of Lessee’s plans and specifications or supervision of any work performed for or on behalf of Lessee shall not be deemed to be a representation by Lessor that such plans and specifications comply with applicable insurance requirements (ii) which shall be provided to Lessee by Lessor), building codes, ordinances, laws or regulations or that Lessee reimburse Lessorany such Alterations shall be adequate for Lessee’s use. Lessor will supervise or inspect this work, as additional rentit may pertain to the Office Building’s structural, HVAC, electrical, plumbing or life safety systems, any such supervision, inspection, approval or consent being solely for Lessor’s reasonable costs incurred benefit and in reviewing no way constituting any proposed Alterations, whether warranty by Lessor or not any other undertaking or waiver by Lessor. As a further condition to Lessor’s consent is granted. If Lessor fails to respond to Lessee’s written request for consent within thirty (30) days after Lessor’s receipt of any such request, Lessor shall be deemed to have consented to the Alterations described in such request. On or before Lease Termination, Lessee, at its expense, will remove any and all such Alterations installed by Lessee to insure Lessor against any liability for mechanics’ and designated for removal by Lessor (except as provided below with respect materialmen’s liens and to the Initial Alterations [defined below]) and shall, at its cost, promptly repair all damages to the Premises caused by such removal and restore the Premises to the condition existing on the Commencement Date (and, without limiting the use ensure completion of the Security Deposit pursuant to any other provision of this Lease, if Lessee shall fail to so remove and restorework, Lessor may do so require Lessee at Lessor’s benefit and use such amount of the Security Deposit as is necessary to reimburse Lessor for the costs and expenses incurred by Lessor in connection therewith). If Lessor consents to any Alterations to the Premises by Lessee, the same shall be made by Lessee at Lessee’s sole cost, to provide Lessor with a payment and performance bond for 1.5 times the cost and expense in accordance with plans and specifications approvedof the Alterations. In such case, in advance, by Lessor. Any such Alterations made by Lessee shall be performed in accordance with all applicable laws, ordinances and codes and in a first class workmanlike manner, and shall not weaken or impair the structural strength or lessen the value of the Building, shall not incorporate materials that are susceptible commence such work until it has delivered such bond to mold (e.g., rubber foam), shall not invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the Premises, including any equipment therein, and shall be performed in a manner causing Lessor and Lessor’s Agents Lessor has approved the least interference and inconvenience practicable under the circumstancessame. In making Upon completion of any such Alterations, Lessee shallshall furnish “as built” plans, at Lesseecontractor’s sole cost affidavits and expense:full and final waivers of lien and receipted bills covering labor and materials.

Appears in 1 contract

Samples: Lease Agreement (Federal Home Loan Bank of Des Moines)

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LESSEE'S ALTERATIONS. Lessee shall not make or suffer to be made any alterations, additions, deletions, changes or improvements (individually, an “Alteration,” and collectively, “Alterations”) to or of the Premises, or any part thereof without Lessor’s prior written consent, which consent shall not, except as otherwise expressly provided in this the Lease, be unreasonably withheld or delayedwithheld. Lessor may impose, as a condition to the aforesaid consent, such requirements and conditions as Lessor may deem necessary in its reasonable sole discretion, including, including without limitation, requirements and conditions relating to: the manner in which the work is done (including, without limitation, the plans and specifications)done; a right of approval of the contractor by whom the work is to be performed; and the times during which such work is to be accomplished. Without limiting ; the generality of the foregoing, Lessor may impose any of the following requirements: (i) that Lessee post a completion bond in an amount and form reasonably satisfactory to Lessor; and (ii) requirement that Lessee reimburse Lessor, as additional rent, for Lessor’s reasonable out-of-pocket costs incurred in reviewing any proposed Alterations, whether or not Lessor’s consent is granted. If Lessor fails to respond to Lessee’s written request for consent within thirty (30) days after Lessor’s receipt of any such request, Lessor shall be deemed to have consented to ; and the Alterations described in such request. On or before requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed by Lessee and designated for removal by Lessor (except as provided below with respect to the Initial Alterations [defined below]) and shall, at its cost, promptly repair all damages to the Premises Project caused by such removal and restore removal, or (ii) the Premises to Alterations made by Lessee shall remain with the condition existing on the Commencement Date (andPremises, without limiting the use be a part of the Security Deposit pursuant realty, and belong to any other provision of this Lease, if Lessee shall fail to so remove and restore, Lessor may do so and use such amount of the Security Deposit as is necessary to reimburse Lessor for the costs and expenses incurred by Lessor in connection therewith)Lessor. If Lessor consents to any Alterations to the Premises by Lessee, the same shall be made by Lessee at Lessee’s sole cost and expense in accordance with plans and specifications approved, in advance, approved by Lessor. Any such Alterations made by Lessee shall be performed in accordance with all applicable laws, ordinances and codes and in a first class workmanlike manner, and shall not weaken or impair the structural strength or lessen the value of the Building, shall not incorporate materials that are susceptible to mold (e.g., rubber foam), shall not invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the PremisesProject, including any equipment therein, and shall be performed in a manner causing Lessor and Lessor’s Agents agents and other tenants of the Building the least interference and inconvenience practicable under the circumstances. In making any such Alterations, Lessee shall, at Lessee’s sole cost and expense:

Appears in 1 contract

Samples: Office Lease (Borland Software Corp)

LESSEE'S ALTERATIONS. Lessee shall not make or suffer to be made any alterations, additions, deletions, changes or improvements (individually, an “Alteration,” and collectively, “Alterations”) to or of the Premises, or any part thereof without Lessor’s prior written consent, which consent shall not, except as otherwise expressly provided in this the Lease, be unreasonably withheld withheld, provided, however, that Lessor’s consent shall not be required for any interior, non-structural Alteration that satisfies all of the following conditions: (i) its cost does not exceed $15,000 per work of Alteration, (ii) it will not require the demolition of any material existing improvements, and (iii) it will not affect the structure of the building in which the Premises is located or delayedthe building’s mechanical or utility systems or the exterior appearance of the Building. Lessor may impose, as a condition to the aforesaid consent, such requirements and conditions as Lessor may deem necessary in its reasonable sole discretion, including, including without limitation, requirements and conditions relating to: the manner in which the work is done (including, without limitation, the plans and specifications)done; a right of approval of the contractor by whom the work is to be performed; and the times during which such work is to be accomplished. Without limiting ; the generality of the foregoing, Lessor may impose any of the following requirements: (i) requirement that Lessee post a lien and completion bond (or its equivalent) in an amount equal to one and one-half times any and all estimated Alterations costs and otherwise in form reasonably satisfactory to LessorLessor to insure Lessor against any liability for mechanics’ and materialmen’s liens and to insure completion of the work; and (ii) the requirement that Lessee reimburse Lessor, as additional rent, for Lessor’s reasonable costs incurred in reviewing any proposed Alterations, whether or not Lessor’s consent is granted. If Lessor fails to respond to Lessee’s written request for consent within thirty (30) days after Lessor’s receipt of any such request, Lessor shall be deemed to have consented to ; and the Alterations described in such request. On or before requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed by Lessee and designated for removal by Lessor (except as provided below with respect to the Initial Alterations [defined below]) and shall, at its cost, promptly repair all damages to the Premises Project caused by such removal and restore removal, or (ii) the Premises to Alterations made by Lessee shall remain with the condition existing on the Commencement Date (andPremises, without limiting the use be a part of the Security Deposit pursuant realty, and belong to any other provision of this Lease, if Lessee shall fail to so remove and restore, Lessor may do so and use such amount of the Security Deposit as is necessary to reimburse Lessor for the costs and expenses incurred by Lessor in connection therewith)Lessor. If Lessor consents to any Alterations to the Premises by Lessee, the same shall be made by Lessee at Lessee’s sole cost and expense in accordance with plans and specifications approved, in advance, approved by Lessor. Any such Alterations made by Lessee shall be performed in accordance with all applicable laws, ordinances and codes and in a first class workmanlike manner, and shall not weaken or impair the structural strength or lessen the value of the Building, shall not incorporate materials that are susceptible to mold (e.g., rubber foam), shall not invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the PremisesProject, including any equipment therein, and shall be performed in a manner causing Lessor and Lessor’s Agents agents and other tenants of the Building the least interference and inconvenience practicable under the circumstances. In making malting any such Alterations, Lessee shall, at Lessee’s sole cost and expense:

Appears in 1 contract

Samples: Office Lease (Splunk Inc)

LESSEE'S ALTERATIONS. Lessee shall not make or suffer to be made any alterations, additions, deletions, changes or improvements (individually, an “Alteration,” and collectively, “Alterations”) to or of the Premises, or any part thereof without Lessor’s prior written consent, which consent shall not, except as otherwise expressly provided in this the Lease, be unreasonably withheld withheld; except, however, that Lessee shall have the right, without Lessor’s prior written consent but upon at least fifteen (15) days prior written notice to Lessor, to make Alterations to the Premises interior, not affecting the mechanical or delayedutility systems serving the Premises or the structural components of the Premises, not requiring demolition of any existing improvements, and costing less than Ten Thousand Dollars ($10,000.00). Lessor may impose, as a condition to the aforesaid consent or as a condition to Lessee’s right to make those Alterations described above which may be made without Lessor’s prior consent, such requirements and conditions as Lessor may deem necessary in its reasonable sole discretion, including, including without limitation, requirements and conditions relating to: the manner in which the work is done (including, without limitation, the plans and specifications)done; a right of approval of the contractor by whom the work is to be performed; and the times during which such work is to be accomplished. Without limiting ; the generality of the foregoing, Lessor may impose any of the following requirements: (i) requirement that Lessee post a lien and completion bond (or its equivalent) in an amount equal to one and one-half times any and all estimated Alterations costs and otherwise in form reasonably satisfactory to LessorLessor to insure Lessor against any liability for mechanics’ and materialmen’s liens and to insure completion of the work; and (ii) the requirement that Lessee reimburse Lessor, as additional rent, for Lessor’s reasonable costs incurred in reviewing any proposed Alterations, whether or not Lessor’s any required consent of Lessor is granted. If Lessor fails to respond to Lessee’s written request for consent within thirty (30) days after Lessor’s receipt of any such request, Lessor shall be deemed to have consented to ; and the Alterations described in such request. On or before requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed by Lessee and designated for removal by Lessor (except as provided below with respect to the Initial Alterations [defined below]) and shall, at its cost, promptly repair all damages to the Premises Project caused by such removal and restore removal, or (ii) the Premises to Alterations made by Lessee shall remain with the condition existing on the Commencement Date (andPremises, without limiting the use be a part of the Security Deposit pursuant realty, and belong to any other provision of this Lease, if Lessee shall fail to so remove and restore, Lessor may do so and use such amount of the Security Deposit as is necessary to reimburse Lessor for the costs and expenses incurred by Lessor in connection therewith)Lessor. If Lessor consents to any Alterations to the Premises by Lessee, the same shall be made by Lessee at Lessee’s sole cost and expense in accordance with plans and specifications approved, in advance, approved by Lessor. Any such Alterations (whether or not requiring Lessor’s consent) made by Lessee shall be performed in accordance with all applicable laws, ordinances and codes and in a first class workmanlike manner, and shall not weaken or impair the structural strength or lessen the value of the Building, shall not incorporate materials that are susceptible to mold (e.g., rubber foam), shall not invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the PremisesProject, including any equipment therein, and shall be performed in a manner causing Lessor and Lessor’s Agents agents and other tenants of the Building the least interference and inconvenience practicable under the circumstances. In making any such Alterations, Lessee shall, at Lessee’s sole cost and expense:

Appears in 1 contract

Samples: Office Lease (Vyyo Inc)

LESSEE'S ALTERATIONS. Lessee shall make no alterations in, or additions or improvements to, the Premises or the heating, ventilation, cooling, electrical, plumbing, structural components, sprinkler systems or other similar units or systems which serve the Premises (hereinafter collectively referred to as the "mechanical systems"), without the prior written consent of Lessor provided however, that Lessee shall not make be required to obtain Lessor's consent with respect to any alteration, improvement, modification or suffer to be made addition costing less than $10,000.00 that does not affect or impair any alterationsstructural element or mechanical system, additionsincluding the electrical, deletions, changes or improvements (individually, an “Alteration,” plumbing and collectively, “Alterations”) to or HVAC systems of the Premises. Any permitted alterations, additions or any part thereof without Lessor’s prior written consent, which consent shall not, except as otherwise expressly provided improvements in this Lease, be unreasonably withheld or delayed. Lessor may impose, as a condition to the aforesaid consent, such requirements and conditions as Lessor may deem necessary in its reasonable discretion, including, without limitation, requirements and conditions relating to: the manner in which the work is done (including, without limitation, the plans and specifications); the contractor by whom the work is to be performed; and the times during which such work is to be accomplished. Without limiting the generality of the foregoing, Lessor may impose any of the following requirements: (i) that Lessee post a completion bond in an amount and form reasonably satisfactory to Lessor; and (ii) that Lessee reimburse Lessor, as additional rent, for Lessor’s reasonable costs incurred in reviewing any proposed Alterations, whether or not Lessor’s consent is granted. If Lessor fails to respond to Lessee’s written request for consent within thirty (30) days after Lessor’s receipt of any such request, Lessor shall be deemed to have consented to the Alterations described in such request. On or before Lease Termination, Lessee, at its expense, will remove any and all such Alterations installed by Lessee and designated for removal by Lessor (except as provided below with respect to the Initial Alterations [defined below]) and shall, at its cost, promptly repair all damages to the Premises caused by such removal and restore the Premises to the condition existing on the Commencement Date (and, without limiting the use of the Security Deposit pursuant to any other provision of this Lease, if Lessee shall fail to so remove and restore, Lessor may do so and use such amount of the Security Deposit as is necessary to reimburse Lessor for the costs and expenses incurred by Lessor in connection therewith). If Lessor consents to any Alterations to the Premises by Lessee, the same Lessee shall be made by Lessee at Lessee’s sole cost 's own expense, unless previously agreed to in writing by Lessor, and expense Lessee shall complete the same free of all liens and other charges against the Premises. Lessee shall not permit to be created nor to remain undischarged any lien or encumbrance against the Premises, the leasehold estate of Lessee created hereunder, or the real estate upon which the Premises is situated, as a result of any work performed on the Premises on behalf of Lessee. No alterations, additions or improvements shall be made which might in accordance with plans and specifications approvedany way weaken the structure of any portion of the Premises. Lessee shall, in advancemaking any such alterations, by Lessor. Any such Alterations made by Lessee shall be performed in accordance additions or improvements, comply with all applicable laws, ordinances and codes regulations pertaining to such work, and all such work shall be accomplished in a first class good and workmanlike mannermanner and, in connection therewith, Lessee shall not be deemed to be the agent of Lessor. Any additions, alterations, replacements or improvements made to the Premises by Lessee (including all replacements and improvements to the mechanical systems) shall become and remain a part of the Premises and shall be maintained in good working order and repair by Lessee, and be and remain the property of Lessor and shall not weaken or impair be removed therefrom; PROVIDED, HOWEVER, that Lessee shall have the structural strength or lessen right to remove all of Lessee's trade fixtures and furnishings from the value Premises which have been placed there by Lessee, but only upon the condition that the removal of any such property shall be effected prior to the expiration of the BuildingTerm, shall not incorporate materials that are susceptible to mold (e.g., rubber foam), shall not invalidate, diminish, or adversely affect any warranty applicable and all damage caused to the Building or any other improvements located within the Premises, including any equipment therein, and Premises as a result of such removal shall be performed in a manner causing repaired by Lessee on or before the expiration of the Term. Lessee shall indemnify and save Lessor harmless from and Lessor’s Agents the least interference and inconvenience practicable under the circumstances. In making any against all expenses, liens, claims, actions, losses or damages to either property or persons resulting or occurring by reason of such Alterationsrepairs, Lessee shallalterations, at Lessee’s sole cost and expense:improvements, additions or removals.

Appears in 1 contract

Samples: Lease Agreement (Hickok Inc)

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