Common use of LESSEE'S ALTERATIONS Clause in Contracts

LESSEE'S ALTERATIONS. Lessee shall not make or suffer to be made any alterations, additions, changes or improvements (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 the Lease, be unreasonably 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 (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 as Lessor may deem necessary in its reasonable discretion, including without limitation: the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the times during which such work is to be accomplished; in the event of proposed Alterations estimated to cost more than Fifty Thousand Dollars ($50,000.00), the 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 satisfactory to Lessor to insure Lessor against any liability for mechanics' and materialmen's liens and to insure completion of the work; 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; and, unless otherwise approved by Lessor at the time Lessee makes such Alterations, the requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed by Lessee and shall, at its cost, promptly repair all damages to the Project caused by such removal, or (ii) the Alterations made by Lessee shall remain with the Premises, be a part of the realty, and belong to 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 by Lessor. Any 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 invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the Project, including any equipment therein, and shall be performed in a manner causing Lessor and Lessor'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 sole cost and expense: (i) File for and secure any necessary permits or approvals from all governmental departments or authorities having jurisdiction, and any utility company having an interest therein, (ii) Notify Lessor in writing at least fifteen (15) days prior to the commencement of work on any Alteration, so that Lessor can post and record appropriate notices of non-responsibility, and (iii) Provide Lessor with copies of all drawings and specifications prior to commencement of construction of any Alterations, and provide Lessor with "as built" plans and specifications (on CAD diskette if available) following completion of such Alterations. In no event shall Lessee make or suffer to be made any Alteration to the mechanical or utility systems of the Building, to the Common Area or the structural portions of the Building or any part thereof without Lessor's prior written consent, which consent may be withheld in Lessor's sole discretion.

Appears in 2 contracts

Samples: Office Lease (Doubleclick Inc), Office Lease (Netgravity 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 the this Lease, be unreasonably 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, withheld or (2) affecting the mechanical or utility systems serving the Premises or the exterior appearance of the Buildingdelayed. 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 donedone (including, without limitation, the plans and specifications); 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; in . Without limiting the event generality of proposed Alterations estimated to cost more than Fifty Thousand Dollars the foregoing, Lessor may impose any of the following requirements: ($50,000.00), the requirement 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 Lessor to insure Lessor against any liability for mechanics' Lessor; and materialmen's liens and to insure completion of the work; the requirement (ii) 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; and. If Lessor fails to respond to Lessee’s written request for consent within thirty (30) days after Lessor’s receipt of any such request, unless otherwise approved by Lessor at shall be deemed to have consented to the time Lessee makes Alterations described in such Alterations, the requirement that at request. On or before 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 Project Premises caused by such removalremoval and restore the Premises to the condition existing on the Commencement Date (and, or (ii) without limiting the Alterations made by use of the Security Deposit pursuant to any other provision of this Lease, if Lessee shall remain with the Premisesfail to so remove and restore, be a part Lessor may do so and use such amount of the realty, Security Deposit as is necessary to reimburse Lessor for the costs and belong to Lessorexpenses 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 ’s sole cost and expense in accordance with plans and specifications approved approved, in advance, 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 ProjectPremises, including any equipment therein, and shall be performed in a manner causing Lessor and Lessor's agents and other tenants of the Building ’s Agents the least interference and inconvenience practicable under the circumstances. In making any such Alterations, Lessee shall, at Lessee's ’s sole cost and expense: (i1) File for and secure any necessary permits or approvals from all governmental departments or authorities having jurisdictionjurisdiction over the Premises, and any utility company having an interest therein,; (ii2) Notify Lessor in writing at least fifteen (15) days prior to the commencement of work on any Alteration, so that Lessor can post and record appropriate notices of non-non responsibility, ; and (iii3) Provide copies to Lessor with copies of all drawings and specifications prior to commencement of construction of any Alterations, and provide Lessor with "as built" plans and specifications (on CAD diskette if available) following completion of such Alterations. In no event shall Lessee make or suffer to be made any Alteration to the mechanical mechanical, utility or utility cable systems of the Building, Building or to the Common Area or the structural portions of the Building or any part thereof without Lessor's ’s prior written consent, which consent may be withheld in Lessor's ’s sole discretion.

Appears in 2 contracts

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

LESSEE'S ALTERATIONS. Lessee may make non-structural additions and alterations within the interior of the dernised premises, but shall make no structural alterations nor any exterior additions or alterations without the prior written consent of the Lessor which consent shall not be unreasonably withheld, however, when Lessor gives its prior written consent, it shall also notify Lessee if Lessor desires that the alterations or additions be removed by Lessee at the expiration or any earlier termination of this lease and any renewal hereof, whichever first occurs. As to any and all such work for which Lessor's prior written consent was required and which consent was specifically conditioned on restoration, Lessee shall promptly restore the demised premises to its original configuration (or such configuration as may be agreed to by Lessor) at Lessor's request whenever any such alteration or addition made by Lessee shall no longer be used or at the expiration or any earlier termination of this Lease and any renewal hereof, whichever first occurs. All work, alterations, and additions referred to herein (hereinafter "the work") shall be subject to the following terms and conditions: (i) All work shall be performed in a good and workmanlike manner, at the cost and expense of the Lessee which shall be timely and fully paid and satisfied, and all structural alterations or exterior additions or alterations shall be of materials of a grade and quality reasonably satisfactory to Lessor, at the cost and expense of the Lessee which shall be timely and fully paid and satisfied. (ii) Prior to commencement of the work, Lessee shall comply with any and all rules and regulations of all applicable governmental and other authorities, including but not make limited to zoning, building, and environmental authorities; obtain any and all licenses and permits required; and comply with any and all applicable rules and regulations of all local, state, or suffer national fire underwriter authorities, and obtain any and all approvals required by such authorities with respect to the work. (iii) The premises shall be kept free and clear of any and all liens and encumbrances with respect to the work, whether for labor or materials, and Lessee shall pay, bond, or vacate each and all of the same within twenty (20) days next following any notice of filing or levying of any such lien or encumbrance. (iv) Any and all increases in insurance premiums, taxes, or other costs or expenses relating to the dernised premises by reason of the work, shall be timely and fully paid and satisfied by Lessee throughout the term of this Lease and any renewal hereof. (v) No work shall create a hazard, jeopardy or risk to the building or the demised premises during the performance of the work or after the completion of the work. (iv) Any and all structural additions and alterations to the demised premises shall be made any alterations, additions, changes or improvements (collectively, "Alterations") to or of the Premises, or any part thereof without only upon Lessor's prior written consent, in a manner and upon terms and conditions reasonably acceptable to Lessor, and the work shall be performed by contractors or subcontractors first approved by Lessor, which consent approval shall not, except as otherwise expressly provided in the Lease, not be unreasonably withheld; except, however, that without Lessor's consent but . Title to such structural additions and alterations shall automatically vest in the Lessor 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 (2) affecting the mechanical or utility systems serving the Premises or the exterior appearance making of the Building. same without payment from Lessor may impose, as a condition and be subject and subordinate to the aforesaid consent, such requirements as Lessor may deem necessary in its reasonable discretion, including without limitation: the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the times during which such work is to be accomplished; in the event of proposed Alterations estimated to cost more than Fifty Thousand Dollars ($50,000.00), the 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 encumbrances incurred by Lessor as to the demised premises, and otherwise in form satisfactory to shall at the option of Lessor to insure Lessor against upon expiration or any liability for mechanics' and materialmen's liens and to insure completion earlier termination of the work; the requirement that Lessee reimburse LessorLease and any renewal hereof, as additional rent, for Lessor's reasonable costs incurred in reviewing any proposed Alterations, whether or not Lessor's consent whichever is granted; and, unless otherwise approved by Lessor at the time Lessee makes such Alterations, the requirement that at Lease Terminationlast to occur, either (i) Lesseeremain upon and be surrendered with the demised premises as a part thereof at such time, at its expense, will remove or as to any and all such Alterations installed by Lessee and shall, at its cost, promptly repair all damages to the Project caused by such removal, or (ii) the Alterations made by Lessee shall remain with the Premises, be a part of the realty, and belong to 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 by Lessor. Any 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 invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the Project, including any equipment therein, and shall be performed in a manner causing Lessor and Lessor'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 sole cost and expense: (i) File work for and secure any necessary permits or approvals from all governmental departments or authorities having jurisdiction, and any utility company having an interest therein, (ii) Notify Lessor in writing at least fifteen (15) days prior to the commencement of work on any Alteration, so that Lessor can post and record appropriate notices of non-responsibility, and (iii) Provide Lessor with copies of all drawings and specifications prior to commencement of construction of any Alterations, and provide Lessor with "as built" plans and specifications (on CAD diskette if available) following completion of such Alterations. In no event shall Lessee make or suffer to be made any Alteration to the mechanical or utility systems of the Building, to the Common Area or the structural portions of the Building or any part thereof without which Lessor's prior written consentconsent was required and which approval was specifically conditioned on restoration, which consent may be withheld in Lessor's sole discretionremoved from the demised premises by Lessee and the demised premises restored by Lessee to the condition existing next prior to the making of the same.

Appears in 1 contract

Samples: Lease Agreement (American Drug Co)

LESSEE'S ALTERATIONS. Lessee shall not make or suffer to be made any alterations, additions, changes or improvements (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 the Lease, be unreasonably withheld; except, however, that without Lessor's ’s consent but upon at least fifteen ten (1510) 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 not (1) requiring the demolition of any material existing improvements, or (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 as Lessor may deem necessary in its reasonable discretion, including without limitation: the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the times during which such work is to be accomplished; in the event of proposed Alterations estimated to cost more than Fifty Thousand Dollars ($50,000.00), the 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 satisfactory to Lessor to insure Lessor against any liability for mechanics' and materialmen's liens and to insure completion of the work; the requirement that Lessee reimburse Lessor, as additional rent, for Lessor's ’s reasonable out-of-pocket costs incurred in reviewing any proposed Alterations, whether or not Lessor's ’s consent is granted; and, unless otherwise approved by Lessor at the time Lessee makes such Alterations, and the requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed by Lessee and shall, at its cost, promptly repair all damages to the Project caused by such removal, or (ii) the Alterations made by Lessee shall remain with the Premises, be a part of the realty, and belong to 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 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 invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the Project, including any equipment therein, and shall be performed in a manner causing Lessor and Lessor's ’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: (i) File for and secure any necessary permits or approvals from all governmental departments or authorities having jurisdiction, and any utility company having an interest therein, (ii) Notify Lessor in writing at least fifteen ten (1510) days prior to the commencement of work on any Alteration, so that Lessor can post and record appropriate notices of non-responsibility, and (iii) Provide Lessor with copies of all drawings and specifications prior to commencement of construction of any Alterations, and provide Lessor with "as built" plans and specifications (on CAD diskette if available) following completion of such Alterations. In no event shall Lessee make or suffer to be made any Alteration to the mechanical or utility systems of the Building, to the Common Area or the structural portions of the Building or any part thereof without Lessor's ’s prior written consent, which consent may be withheld in Lessor's ’s sole discretion.

Appears in 1 contract

Samples: Net Office Lease (Borland Software Corp)

LESSEE'S ALTERATIONS. Lessee shall not make no alterations in, or suffer to be made any alterations, additions, changes additions or improvements (collectivelyto, "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 the Lease, be unreasonably 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 (2) affecting the mechanical or utility systems serving the Premises or the exterior appearance of heating, ventilation, cooling, electrical, plumbing, structural components, sprinkler systems or other similar units or systems which serve the Building. Lessor may impose, Premises (hereinafter collectively referred to as a condition to the aforesaid consent, such requirements as Lessor may deem necessary in its reasonable discretion, including without limitation: the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the times during which such work is to be accomplished; in the event of proposed Alterations estimated to cost more than Fifty Thousand Dollars ($50,000.00"mechanical systems"), without the requirement prior written consent of Lessor provided however, that Lessee post a lien and completion bond (or its equivalent) in an amount equal shall not be required to one and one-half times any and all estimated Alterations costs and otherwise in form satisfactory to Lessor to insure Lessor against any liability for mechanics' and materialmen's liens and to insure completion of the work; the requirement that Lessee reimburse Lessor, as additional rent, for Lessor's reasonable costs incurred in reviewing any proposed Alterations, whether or not obtain Lessor's consent is granted; andwith respect to any alteration, unless otherwise approved by Lessor at improvement, modification or addition costing less than $10,000.00 that does not affect or impair any structural element or mechanical system, including the time Lessee makes such Alterationselectrical, the requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any plumbing and all such Alterations installed by Lessee and shall, at its cost, promptly repair all damages to the Project caused by such removal, or (ii) the Alterations made by Lessee shall remain with HVAC systems of the Premises. Any permitted alterations, be a part of the realty, and belong to Lessor. If Lessor consents to any Alterations additions or improvements in or to the Premises by Lessee, the same Lessee shall be made by Lessee at Lessee's sole cost and expense own expense, unless previously agreed to in accordance with plans and specifications approved writing by Lessor, and Lessee shall complete the same free of all liens and other charges against the Premises. Any Alterations made by Lessee (whether shall not permit to be created nor to remain undischarged any lien or not Lessor's consent encumbrance against the Premises, the leasehold estate of Lessee created hereunder, or the real estate upon which the Premises is required therefor) situated, as a result of any work performed on the Premises on behalf of Lessee. No alterations, additions or improvements shall be performed made which might in accordance any way weaken the structure of any portion of the Premises. Lessee shall, in making any such alterations, 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 the Building, shall not invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the Project, including any equipment therein, and such property shall be performed in a manner causing Lessor and Lessor'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 sole cost and expense: (i) File for and secure any necessary permits or approvals from all governmental departments or authorities having jurisdiction, and any utility company having an interest therein, (ii) Notify Lessor in writing at least fifteen (15) days effected prior to the commencement expiration of work on any Alteration, so that Lessor can post and record appropriate notices of non-responsibility, and (iii) Provide Lessor with copies of all drawings and specifications prior to commencement of construction of any Alterationsthe Term, and provide Lessor with "all damage caused to the Premises as built" plans and specifications (on CAD diskette if available) following completion a result of such Alterations. In no event removal shall be repaired by Lessee make on or suffer to be made any Alteration to before the mechanical or utility systems expiration of the BuildingTerm. Lessee shall indemnify and save Lessor harmless from and against all expenses, liens, claims, actions, losses or damages to the Common Area either property or the structural portions persons resulting or occurring by reason of the Building such repairs, alterations, improvements, additions or any part thereof without Lessor's prior written consent, which consent may be withheld in Lessor's sole discretionremovals.

Appears in 1 contract

Samples: Merger Agreement (Hickok Inc)

LESSEE'S ALTERATIONS. Lessee shall not make or suffer to be made any alterations, additions, changes or improvements (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 the Lease, be unreasonably 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 (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 as Lessor may deem necessary in its reasonable sole discretion, including without limitation: the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the times during which such work is to be accomplished; in the event of proposed Alterations estimated to cost more than Fifty Thousand Dollars ($50,000.00), the 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 satisfactory to Lessor to insure Lessor against any liability for mechanics' and materialmen's liens and to insure completion of the work; the requirement that Lessee reimburse Lessor, as additional rent, for Lessor's ’s reasonable out-of-pocket costs incurred in reviewing any proposed Alterations, whether or not Lessor's ’s consent is granted; and, unless otherwise approved by Lessor at the time Lessee makes such Alterations, and the requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed by Lessee and shall, at its cost, promptly repair all damages to the Project caused by such removal, or (ii) the Alterations made by Lessee shall remain with the Premises, be a part of the realty, and belong to 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 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 invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the Project, including any equipment therein, and shall be performed in a manner causing Lessor and Lessor's ’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: (i) File for and secure any necessary permits or approvals from all governmental departments or authorities having jurisdiction, and any utility company having an interest therein, (ii) Notify Lessor in writing at least fifteen (15) days prior to the commencement of work on any Alteration, so that Lessor can post and record appropriate notices of non-responsibility, and (iii) Provide Lessor with copies of all drawings and specifications prior to commencement of construction of any Alterations, and provide Lessor with "as built" plans and specifications (on CAD diskette if available) following completion of such Alterations. In no event shall Lessee make or suffer to be made any Alteration to the mechanical or utility systems of the Building, to the Common Area or the structural portions of the Building or any part thereof without Lessor's ’s prior written consent, which consent may be withheld in Lessor's ’s sole discretion.

Appears in 1 contract

Samples: Net Office Lease (Borland Software Corp)

LESSEE'S ALTERATIONS. Lessee shall not make or suffer to be made any alterations, additions, changes or improvements (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 the Lease, be unreasonably withheld; except, however, that without Lessor's ’s consent but upon at least fifteen ten (1510) business days prior written notice to Lessor, Lessee may make interior, non-structural Alterations costing less than Twenty-Five Ten Thousand Dollars ($25,000.0010,000.00) per work of Alterations in any one instance and not not (1) requiring the demolition of any material improvements existing improvementsas of the Commencement Date, or (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 as Lessor may deem necessary reasonably appropriate in its reasonable discretion, including without limitation: the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the times during which such work is to be accomplished; in the event of proposed Alterations estimated to cost more than Fifty Thousand Dollars ($50,000.00), the 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 Lessor to insure Lessor against any liability for mechanics' and materialmen's ’s liens and to insure completion of the work; the requirement that Lessee reimburse Lessor, as additional rent, for Lessor's ’s actual and reasonable costs incurred in reviewing any proposed Alterations, whether or not Lessor's ’s consent is granted; and, unless otherwise approved by Lessor at the time Lessee makes such Alterations, and the requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed designated for removal by Lessor at the time Lessor approves such Alteration, and Lessee and shall, at its cost, promptly repair all damages to the Project caused by such removal, or (ii) the Alterations made by Lessee shall remain with the Premises, be a part of the realty, and belong to 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 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 invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the Project, including any equipment therein, and shall be performed in a manner causing Lessor and Lessor's ’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: (i) File for and secure any necessary permits or approvals from all governmental departments or authorities having jurisdiction, and any utility company having an interest therein, (ii) Notify Lessor in writing at least fifteen (15) days prior to the commencement of work on any Alteration, so that Lessor can post and record appropriate notices of non-responsibility, and (iii) Provide Lessor with copies of all drawings and specifications prior to commencement of construction of any Alterations, and provide Lessor with "as built" plans and specifications (on CAD diskette if available) following completion of such Alterations. In no event shall Lessee make or suffer to be made any Alteration to the mechanical or utility systems of the Building, to the Common Area or the structural portions of the Building or any part thereof without Lessor's ’s prior written consent, which consent may be withheld in Lessor's ’s sole discretion.

Appears in 1 contract

Samples: Net Office Lease (SourceForge, Inc)

LESSEE'S ALTERATIONS. Lessee After the Commencement Date of the Term, Lessee, without the prior written consent of Lessor which shall not be unreasonably withheld or delayed, shall do no painting or decorating, erect no partitions, make no alterations or suffer repairs (other than minor, inconsequential repairs which require no expertise) in or additions to be made any alterations, additions, changes or improvements (collectively, "Alterations") to or of the Premises, make no change to the locks, do no nailing, boring, or any part thereof without Lessor's screwing in the ceiling, walls (except for hanging of typical framed artwork, plaques and similar items for which no prior written consent, which consent shall notbe required) or floors, except as otherwise expressly provided in the Leaseand disturb or change no HVAC, be unreasonably withheldelectrical or plumbing systems or facilities; exceptprovided, however, that without as to the two offices and 'bullpen' designated for the principals of Lessee on the final initial plans for the Premises, Lessor may deny consent to any reconfiguration thereof in Lessor's sole discretion. If the Building is or becomes certified or designated as a 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 but based upon at least fifteen (15) days prior written notice to Lessorthe requirements and restrictions of such status, Lessee may make interiorshall be conclusive. If Lessor so consents, non-structural Alterations costing less than Twenty-Five Thousand Dollars ($25,000.00) per work of Alterations then and not (1) requiring the demolition before commencement of any material existing improvements, such work or (2) affecting the mechanical or utility systems serving delivery of any materials into the Premises or the exterior appearance 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 Building. Premises, Lessee shall provide for payment for such work and materials in full, and, if requested by Lessor, shall deposit with Lessor may impose, as a condition to at such time such security for the aforesaid consent, such requirements payment of said work and materials as Lessor may deem necessary require. Whether or not Lessee furnishes the foregoing, Lessee agrees to indemnify and save Lessor, its principals, 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 its reasonable discretion, including without limitation: the manner in which the work is done; a right of approval of the contractor by whom the work is to any way be performed; the times during which connected with such work. All such work is to be accomplished; in the event of proposed Alterations estimated to cost more than Fifty Thousand Dollars ($50,000.00), the 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 satisfactory to Lessor to insure Lessor against any liability for mechanics' and materialmen's liens and to insure completion of the work; 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; and, unless otherwise approved by Lessor at the time Lessee makes such Alterations, the requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed by Lessee and shall, at its cost, promptly repair all damages to the Project caused by such removal, or (ii) the Alterations made by Lessee shall remain with the Premises, be a part of the realty, and belong to 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 by Lessor. Any Alterations made by Lessee (whether or not Lessor's consent is required therefor) 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 in a first class workmanlike mannerall requirements of applicable insurance companies, and shall not weaken or impair the structural strength or lessen the value of the Building, shall not invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the Project, including any equipment therein, and Lessee shall be performed in a manner causing Lessor responsible for securing all necessary pen-nits and Lessor'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 sole cost and expense: (i) File for and secure any necessary permits or approvals from all governmental departments or authorities having jurisdiction, and any utility company having an interest therein, (ii) Notify Lessor in writing at least fifteen (15) days prior to the commencement of work on any Alteration, so that Lessor can post and record appropriate notices of non-responsibility, and (iii) Provide Lessor with copies of all drawings and specifications prior to commencement of construction any such work. All such work shall be done in a good and workmanlike manner and with the use of any Alterationsgood 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 provide Lessor with "as built" plans and specifications (installations to or on CAD diskette if available) following completion of such Alterations. In no event the Premises shall Lessee make or suffer to be made any Alteration to the mechanical or utility systems become part of the Building, to Premises at the Common Area time of their installation and shall remain in and with the Premises at the expiration or the structural portions sooner termination of this Lease (or of Lessee's rights of possession of the Building Premises), without compensation or any part thereof without Lessor's prior written consent, which consent may be withheld in Lessor's sole discretion.credit to Lessee; and if Lessor so

Appears in 1 contract

Samples: Office Lease (Metal Management Inc)

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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, changes or improvements (collectively, "including fixtures) in or to the Premises (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 the Lease, not be unreasonably withheld; except, however, that without Lessor's consent but upon at least fifteen (15) days prior written notice . Prior to Lessor, Lessee may make interior, non-structural Alterations costing less than Twenty-Five Thousand Dollars ($25,000.00) per commencing any Alteration work of Alterations and not (1) requiring the demolition of any material existing improvements, or (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 obtaining Lessor’s consent, Lessee must furnish evidence of contractor’s and subcontractor’s insurance in a type and amount 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 requirements as Alterations shall be installed in a good workmanlike manner using new materials. Lessor may deem necessary shall have the right to designate reasonable rules, regulations and procedures for the performance of work in its reasonable discretionthe 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: the manner in which the work is done; a right of , compliance with Americans with Disabilities Act. Lessor’s approval of the contractor by whom the Lessee’s plans and specifications or supervision of any work is performed for or on behalf of Lessee shall not be deemed to be performed; the times during a representation by Lessor that such plans and specifications comply with applicable insurance requirements (which such work is shall be provided to be accomplished; in the event of proposed Alterations estimated to cost more than Fifty Thousand Dollars ($50,000.00Lessee by Lessor), building codes, ordinances, laws or regulations or that any such Alterations shall be adequate for Lessee’s use. Lessor will supervise or inspect this work, as it may pertain to the requirement that Lessee post Office Building’s structural, HVAC, electrical, plumbing or life safety systems, any such supervision, inspection, approval or consent being solely for Lessor’s benefit and in no way constituting any warranty by Lessor or any other undertaking or waiver by Lessor. As a lien and completion bond (or its equivalent) in an amount equal further condition to one and one-half times any and all estimated Lessor’s consent to such Alterations costs and otherwise in form satisfactory to Lessor to insure Lessor against any liability for mechanics' and materialmen's ’s liens and to insure ensure completion of the work; the requirement that , Lessor may require Lessee reimburse at Lessor, as additional rent, for Lessor's reasonable costs incurred in reviewing any proposed Alterations, whether or not Lessor's consent is granted; and, unless otherwise approved by Lessor ’s benefit and at the time Lessee makes such Alterations, the requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed by Lessee and shall, at its ’s sole cost, promptly repair all damages to provide Lessor with a payment and performance bond for 1.5 times the Project caused by cost of the Alterations. In such removalcase, or (ii) the Alterations made by Lessee shall remain with the Premises, be a part of the realty, and belong not commence such work until it has delivered such bond to 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 by Lessor. Any 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 invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the Project, including any equipment therein, and shall be performed in a manner causing Lessor and Lessor's agents and other tenants of Lessor has approved the Building the least interference and inconvenience practicable under the circumstancessame. In making any such Alterations, Lessee shall, at Lessee's sole cost and expense: (i) File for and secure any necessary permits or approvals from all governmental departments or authorities having jurisdiction, and any utility company having an interest therein, (ii) Notify Lessor in writing at least fifteen (15) days prior to the commencement of work on any Alteration, so that Lessor can post and record appropriate notices of non-responsibility, and (iii) Provide Lessor with copies of all drawings and specifications prior to commencement of construction Upon completion of any Alterations, and provide Lessor with "Lessee shall furnish “as built" plans ” plans, contractor’s affidavits and specifications (on CAD diskette if available) following completion full and final waivers of such Alterations. In no event shall Lessee make or suffer to be made any Alteration to the mechanical or utility systems of the Building, to the Common Area or the structural portions of the Building or any part thereof without Lessor's prior written consent, which consent may be withheld in Lessor's sole discretionlien and receipted bills covering labor and materials.

Appears in 1 contract

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

LESSEE'S ALTERATIONS. Lessee shall not make or suffer to be made any alterations, additions, changes or improvements (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 the Lease, be unreasonably 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 (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 as Lessor may deem necessary in its reasonable discretion, including without limitation: the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the times during which such work is to be accomplished; in the event of proposed Alterations estimated to cost more than Fifty Thousand Dollars ($50,000.00), the requirement that Lessee, for Alterations costing more than $50,000 in the aggregate (other than the Initial Lessee Improvements (as herein defined), 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 satisfactory to Lessor to insure Lessor against any liability for mechanics' and materialmen's ’s liens and to insure completion of the work; 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; and, unless otherwise approved by Lessor at the time Lessee makes such Alterations, and the requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed by Lessee and shall, at its cost, promptly repair all damages to the Project caused by such removal, or (ii) the Alterations made by Lessee shall remain with the Premises, be a part of the realty, and belong to 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 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 invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the Project, including any equipment therein, and shall be performed in a manner causing Lessor and Lessor's ’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: (i) File for and secure any necessary permits or approvals from all governmental departments or authorities having jurisdiction, and any utility company having an interest therein, (ii) Notify Lessor in writing at least fifteen (15) days prior to the commencement of work on any Alteration, so that Lessor can post and record appropriate notices of non-responsibility, and (iii) Provide Lessor with copies of all drawings and specifications prior to commencement of construction of any Alterations, and provide Lessor with "as built" plans and specifications (on CAD diskette if available) following completion of such Alterations. In no event shall Lessee make or suffer to be made any Alteration to the mechanical or utility systems of the Building, to the Common Area or the structural portions of the Building or any part thereof without Lessor's ’s prior written consent, which consent may be withheld in Lessor's ’s sole discretion. For the purposes hereof, the “Initial Lessee Improvements” shall meant Alterations performed by Lessee in accordance with the terms of this Lease which are commenced and completed by Lessee no later than December 31, 2014.

Appears in 1 contract

Samples: Net Office Lease (Pure Storage, Inc.)

LESSEE'S ALTERATIONS. Lessee shall not make or suffer to be made any alterations, additions, changes or improvements (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 the Lease, be unreasonably withheld; except, provided, however, that without Lessor's ’s consent but upon at least fifteen (15) days prior written notice to Lessor, Lessee may make shall not be required for any interior, non-structural Alterations costing less than Twenty-Five Thousand Dollars Alteration that satisfies all of the following conditions: (i) its cost does not exceed $25,000.00) 15,000 per work of Alterations and not Alteration, (1ii) requiring 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 (2) affecting the building’s 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 as Lessor may deem necessary in its reasonable sole discretion, including without limitation: the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the times during which such work is to be accomplished; in the event of proposed Alterations estimated to cost more than Fifty Thousand Dollars ($50,000.00), the 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 satisfactory to Lessor to insure Lessor against any liability for mechanics' and materialmen's ’s liens and to insure completion of the work; 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; and, unless otherwise approved by Lessor at the time Lessee makes such Alterations, and the requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed by Lessee and shall, at its cost, promptly repair all damages to the Project caused by such removal, or (ii) the Alterations made by Lessee shall remain with the Premises, be a part of the realty, and belong to 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 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 invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the Project, including any equipment therein, and shall be performed in a manner causing Lessor and Lessor's ’s 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 ’s sole cost and expense: (i) File for and secure any necessary permits or approvals from all governmental departments or authorities having jurisdiction, and any utility company having an interest therein, (ii) Notify Lessor in writing at least fifteen (15) days prior to the commencement of work on any Alteration, so that Lessor can post and record appropriate notices of non-responsibility, and (iii) Provide Lessor with copies of all drawings and specifications prior to commencement of construction of any Alterations, and provide Lessor with "as built" plans and specifications (on CAD diskette if available) following completion of such Alterations. In no event shall Lessee make or suffer to be made any Alteration to the mechanical or utility systems of the Building, to the Common Area or the structural portions of the Building or any part thereof without Lessor's ’s prior written consent, which consent may be withheld in Lessor's ’s sole discretion.

Appears in 1 contract

Samples: Net Office Lease (Splunk Inc)

LESSEE'S ALTERATIONS. Lessee shall LESSEE may not make any structural improvement or suffer alteration to be made the Premises without the prior written consent of LESSOR. LESSEE may not make any alterations, additions, changes nonstructural improvement or improvements (collectively, "Alterations") to or alteration of the Premises, or any part thereof without Lessor's prior written consent, which consent shall not, except as otherwise expressly provided Premises costing in the Lease, be unreasonably 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-excess of Five Thousand Dollars ($25,000.005,000.00) per work without the prior written consent of Alterations the LESSOR which shall not be unreasonably withheld or delayed. LESSEE shall prepare, at its sole cost and not expense, complete plans and specifications prepared by a professional architect or engineer for all LESSEE'S work, whether original or alterations, and submit such plans and specifications to LESSOR or LESSOR'S designated representative for written approval no later than fifteen (115) requiring days, prior to the demolition planned commencement of any material existing improvementswork, or (2) affecting together with 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 as Lessor may deem necessary in its reasonable discretion, including without limitation: the manner in which the work is done; a right of approval name of the contractor or contractors to perform such work. All contractors or others performing work on the Leased Premises shall be approved in writing by whom the work is to LESSOR. All such allowed alterations shall be performed; the times during which such work is to at LESSEE'S expense, shall be accomplished; in the event of proposed Alterations estimated to cost more than Fifty Thousand Dollars ($50,000.00), the requirement that Lessee post a lien and completion bond (or its equivalent) in an amount quality at least equal to one and one-half times any and all estimated Alterations costs and otherwise in form satisfactory to Lessor to insure Lessor against any liability for mechanics' and materialmen's liens and to insure completion of the work; the requirement that Lessee reimburse Lessorcontemplated or then existing construction, as additional rent, for Lessor's reasonable costs incurred in reviewing any proposed Alterations, whether or not Lessor's consent is granted; and, unless otherwise approved by Lessor at the time Lessee makes such Alterations, the requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed by Lessee and shall, at its cost, promptly repair all damages to the Project caused by such removal, or (ii) the Alterations made by Lessee shall remain with the Premises, be a part of the realty, and belong to 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 by Lessor. Any 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 invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the Project, including any equipment thereincase may be, and shall be performed prosecuted diligently and completed in a manner causing Lessor good and Lessor's agents and other tenants workmanlike manner. Any alterations or improvements made by the LESSEE shall become the property of the Building LESSOR at the least interference termination of occupancy as provided herein; provided, however, that LESSEE shall be obligated to remove such improvements, fixtures and inconvenience practicable under equipment at the circumstances. In making any such Alterations, Lessee shall, at Lessee's sole cost and expense: (i) File for and secure any necessary permits or approvals from all governmental departments or authorities having jurisdiction, and any utility company having an interest therein, (ii) Notify Lessor in writing at least fifteen (15) days said termination of occupancy as LESSOR shall request prior to such termination, the commencement LESSEE being obligated to repair any damage which such removal may cause. LESSEE agrees that any window treatments installed by LESSEE in the Leased Premises which are visible from the exterior of work on any Alteration, so that Lessor can post the Leased Premises shall be of a type and record appropriate notices of non-responsibility, and (iii) Provide Lessor with copies of all drawings and specifications prior to commencement of construction of any Alterations, and provide Lessor with "as built" plans and specifications (on CAD diskette if available) following completion of such Alterations. In no event shall Lessee make or suffer color to be made any Alteration to the mechanical determined by LESSOR or utility systems of the Building, to the Common Area or the structural portions of the Building or any part thereof without Lessor's prior written consent, which consent may shall be withheld approved in Lessor's sole discretionadvance by LESSOR.

Appears in 1 contract

Samples: Lease Agreement (Harvard Bioscience Inc)

LESSEE'S ALTERATIONS. Lessee shall not make or suffer to be made any alterations, additions, changes or improvements (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 the Lease, be unreasonably withheld; except, however, that Lessee shall have the right, without Lessor's ’s prior written consent but upon at least fifteen (15) days prior written notice to Lessor, Lessee may to make Alterations to the Premises 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 (2) not affecting the mechanical or utility systems serving the Premises or the exterior appearance structural components of the BuildingPremises, 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 as Lessor may deem necessary in its reasonable sole discretion, including without limitation: the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the times during which such work is to be accomplished; in the event of proposed Alterations estimated to cost more than Fifty Thousand Dollars ($50,000.00), the 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 satisfactory to Lessor to insure Lessor against any liability for mechanics' and materialmen's ’s liens and to insure completion of the work; 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 any required consent of Lessor is granted; and, unless otherwise approved by Lessor at the time Lessee makes such Alterations, and the requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed by Lessee and shall, at its cost, promptly repair all damages to the Project caused by such removal, or (ii) the Alterations made by Lessee shall remain with the Premises, be a part of the realty, and belong to 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 by Lessor. Any Alterations made by Lessee (whether or not requiring Lessor's consent is required therefor’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 invalidate, diminish, or adversely affect any warranty applicable to the Building or any other improvements located within the Project, including any equipment therein, and shall be performed in a manner causing Lessor and Lessor's ’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: (i) File for and secure any necessary permits or approvals from all governmental departments or authorities having jurisdiction, and any utility company having an interest therein, (ii) Notify Lessor in writing at least fifteen (15) days prior to the commencement of work on any Alteration, so that Lessor can post and record appropriate notices of non-responsibility, and (iii) Provide Lessor with copies of all drawings and specifications prior to commencement of construction of any Alterations, and provide Lessor with "as built" plans and specifications (on CAD diskette if available) following completion of such Alterations. In no event shall Lessee make or suffer to be made any Alteration to the mechanical or utility systems of the Building, to the Common Area or the structural portions of the Building or any part thereof without Lessor's ’s prior written consent, which consent may be withheld in Lessor's ’s sole discretion.

Appears in 1 contract

Samples: Net Office Lease (Vyyo Inc)

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