Common use of No Alterations by Tenant Clause in Contracts

No Alterations by Tenant. Tenant shall not make any alterations, additions or improvements in or to the Premises or any part thereof, or attach any fixtures or equipment thereto, without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the preceding sentence, Tenant may make alterations, additions or improvements costing less than Five Thousand and 00/100 Dollars ($5,000.00) in the aggregate, without Landlord's consent, provided such alterations, additions or improvements will not materially adversely affect the structural, exterior or roof elements of the Premises or the mechanical, electrical plumbing or life safety systems of the Premises, but Tenant shall give prior written notice of any such alterations, additions or improvements to Landlord. All alterations, additions and improvements (except improvements made pursuant to Exhibit "B", if any) in or to the Premises to which Landlord consents shall be made by Tenant at Tenant's sole cost and expense as follows: (a) Tenant shall submit to Landlord, for Landlord's written approval, complete plans and specifications for all work to be done by Tenant. Such plans and specifications shall be prepared by responsible architect(s) and engineer(s), shall comply with all applicable codes, laws, ordinances, rules and regulations, shall not materially adversely affect any systems, components or elements of the Premises, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the Premises, and shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. Tenant shall pay all costs, including the fees and expenses of the architect(s) and engineer(s), in preparing such plans and specifications. (b) Landlord shall notify Tenant within five (5) days of Landlord's receipt of Tenant's request in writing whether Landlord approves, or disapproves, such plans and specifications, Landlord shall describe in writing the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for Landlord's prior written approval. (c) All subsequent changes in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approval. If Tenant wishes to make any such changes in such approved plans and specifications, Tenant shall have such architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant in writing within five (5) days of Landlord's receipt of the revised plans and specifications whether Landlord approves, or disapproves, such changes and, if Landlord disapproves such change, Landlord shall describe in writing the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for such change for Landlord's written approval. After Landlord's written approval of such change, such change shall become part of the plans and specifications approved by Landlord. (d) Tenant shall obtain and comply with all building permits and other governmental permits and approvals required in connection with the work. Tenant shall, through Tenant's contractor, perform the work substantially in accordance with (i) the plans and specifications approved in writing by Landlord, (ii) the permits obtained by Tenant, and (iii) all applicable codes, laws, ordinances, rules and regulations. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work, except to the extent that the same results from a breach by Landlord of its obligations under this Lease or from Landlord's gross negligence or willful misconduct. (e) Tenant shall give written notice to Landlord of the date on which construction of any work will be commenced at least ten (10) days prior to such date. Tenant shall keep the Premises free from mechanics', materialmen's and all other liens arising out of any work performed, labor supplied, materials furnished or other obligations incurred by Tenant. Tenant shall promptly and fully pay and discharge all claims on which any such lien could be based; provided however, that the Tenant shall have the right to contest the amount or validity of any such lien, provided Tenant gives prior written notice of such contest to Landlord, prosecutes such contest by appropriate proceedings in good faith and with diligence, and, upon request by Landlord, furnishes such bond as may be required by law to protect the Premises from such lien. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord and the Premises from such liens. (f) Landlord shall, at the time Tenant requests Landlord's consent to any alterations, addition or improvement, inform Tenant in writing whether Landlord will require the removal of the alteration, addition or improvement in question at the expiration or earlier termination of this Lease. If Landlord's consent is not required, Landlord shall have the right to provide to Tenant a written statement as to whether Landlord will require the removal of the alteration, addition or improvement in question at the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Radyne Corp)

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No Alterations by Tenant. Tenant shall not make any alterations, ------------------------ additions or improvements in or to the Premises or any part thereofthereof (collectively, or attach "Alterations"), including attaching any fixtures or equipment thereto, without Landlord's prior written consent, consent which consent shall not be unreasonably withheld, conditioned or delayedwithheld unreasonably. Notwithstanding the preceding sentenceHowever, Tenant may make alterations, additions or improvements costing less than Five Thousand and 00/100 Dollars ($5,000.00) in the aggregate, Alterations without Landlord's consentconsent if the total cost of such Alterations in any calendar year is fifty thousand dollars ($50,000) or less and such Alterations do not affect Building systems, provided such alterations, additions or improvements will not materially adversely affect the structural, exterior structure or roof elements of the Premises Building or the mechanical, electrical plumbing or life safety systems exterior aesthetics of the Premises, but Building. Tenant shall give Landlord at least ten (10) days prior written notice of before commencing any such alterations, additions or improvements to LandlordAlterations. All alterations, additions and improvements Alterations (except improvements made by Landlord pursuant to Exhibit "B", if any) in or to the --------- Premises to which Landlord consents shall be made by Tenant at Tenant's sole cost and expense as follows: (a) Tenant shall submit to Landlord, for Landlord's written approvalapproval if it is required, complete plans and specifications for all work Alterations to be done by Tenant. If it is usual and customary for similarly situated tenants to prepare less than complete plans and specifications before commencing comparable work, then Tenant may deliver to Landlord what is usual and customary. Such plans and specifications shall be prepared by responsible architect(s) interior designers and engineer(s), shall comply with all applicable codes, laws, ordinances, rules and regulations, shall not materially adversely affect any systems, components or elements demonstrate that the exterior appearance of the PremisesBuilding will not be affected by such Alterations, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the PremisesProject, and shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. Tenant shall pay all costs, including not propose Alterations which will adversely affect the fees and expenses structure or the structural integrity of the architect(s) Building or any systems, components or elements of the Building or Project, unreasonably interfere with any other tenant's normal and engineer(scustomary business office operations, or affect the aesthetics of the exterior of the Building (individually and collectively, the "Design Criteria"), in preparing such plans and specifications. (b) Landlord Tenant shall notify Tenant within five (5) days of Landlord's receipt of Tenant's request in writing whether Landlord approves, or disapproves, such plans and specifications, Landlord shall describe in writing obtain all required permits for the reasons for disapprovalAlterations. Tenant may submit shall engage responsible licensed contractor(s) and subcontractor(s) to Landlord revised plans and specifications for Landlord's prior written approval. (cperform all work. The contractor(s) All subsequent changes in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approvalconsent, which shall not be withheld unreasonably. If Tenant wishes to make any such changes in such approved plans and specifications, Tenant shall have such architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant perform all work in writing within five (5) days of Landlord's receipt of the revised plans and specifications whether Landlord approves, or disapproves, such changes and, if Landlord disapproves such change, Landlord shall describe in writing the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for such change for Landlord's written approval. After Landlord's written approval of such change, such change shall become part of accordance with the plans and specifications approved by Landlord. (d) Tenant shall obtain , in a good and comply workmanlike manner, in full compliance with all building permits and other governmental permits and approvals required in connection with the work. Tenant shallapplicable laws, through Tenant's contractor, perform the work substantially in accordance with (i) the plans and specifications approved in writing by Landlord, (ii) the permits obtained by Tenant, and (iii) all applicable codes, laws, ordinances, rules and regulations, and free and clear of any mechanics' liens and in full compliance with the construction rules and regulations included as part of the Tenant Improvement Manual identified in Section 4.1 of the Work Letter ----------- Agreement. Tenant shall pay for all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the Alterations. In addition, Tenant shall pay Landlord a construction management fee of three (3%) percent of the total cost of the Alterations, additions and/or improvements, such fee to be paid in installments as the work progresses. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work. All work of the Alterations, except regardless of whether Landlord's consent is required, shall be scheduled through and be subject to the extent that the same results from a breach reasonable supervision of Landlord and shall be performed in accordance with any reasonable conditions or regulations imposed by Landlord of its obligations under Landlord. In this Lease or from regard, Landlord's gross negligence or willful misconduct.construction manager shall safeguard the interests of Tenant as well as represent Landlord. All work of Alterations shall be in compliance with the Union Requirement described in Section 13 of the Work Letter Agreement. ----------- (ec) Tenant shall give written notice to Landlord of the date on which construction of any work will be commenced at least ten (10) business days prior to such date. Tenant shall keep the Premises and the Project free from mechanics', materialmen's and all other liens arising out of any work performed, labor supplied, materials furnished or other obligations incurred by Tenant. Tenant shall promptly and fully pay and discharge all claims on which any such lien could be based; provided however, that the . Tenant shall have the right to contest the amount or validity of any such lien, provided Tenant gives prior written notice of such contest to Landlord, prosecutes such contest by appropriate proceedings in good faith and with diligence, and, upon request by Landlord, furnishes such bond as may be required by law or such security as Landlord may require to protect the Premises and the Project from such lien. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord Landlord, the Premises and the Premises Project from such liens, and to take any other action Landlord deems necessary to remove or discharge liens or encumbrances at the expense of Tenant. (fd) Landlord shallIn connection with any work performed by Tenant in accordance with this Section 7.1, upon completion of any such work, at the time Tenant requests Landlord's consent request, ----------- Tenant agrees to any alterationsprepare and Landlord shall execute if factually correct, addition or improvement, inform and Tenant shall cause a Notice of Completion to be recorded in writing whether Landlord will require the removal County Recorder's Office in accordance with Section 3093 of the alterationCivil Code of the State ------------ of California or any successor statute. On completion of the work, addition Tenant shall deliver to Landlord both a hard copy and copy on CAD Diskette of the "as built" plan and specifications (including working drawings) for all Alterations. Promptly following the completion of any Alterations, Tenant shall deliver to Landlord a copy of any signed-off permits, inspection cards or improvement other documentation, if any is required and available given the nature of the Alteration, evidencing governmental approval of completion of the work. Any supervision by Landlord of Alteration shall in question at the expiration or earlier termination of this Lease. If no event constitute Landlord's consent is not required, Landlord shall have the right to provide to Tenant a written statement as to whether Landlord will require the removal approval of the alteration, addition or improvement in question at the expiration or earlier termination of this Leasework so performed.

Appears in 1 contract

Samples: Office Lease (Homestore Com Inc)

No Alterations by Tenant. Tenant shall not make any alterations, additions or improvements in or to the Premises or any part thereof, or attach any fixtures or equipment thereto, without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the preceding sentence, Tenant may make such alterations, additions or improvements costing less than Five Thousand and 00/100 Dollars ($5,000.00) in the aggregate, without Landlord's consentconsent only if the total cost of such alterations, provided additions or improvements is five thousand dollars ($5,000) or less and such alterations, additions or improvements will not materially adversely affect in any way the structural, exterior or roof elements of the Premises Property or the mechanical, electrical electrical, plumbing or life safety systems of the PremisesProperty, but Tenant shall give prior written notice of any such alterations, additions or improvements to Landlord. All alterations, additions and improvements (except improvements made by Landlord pursuant to Exhibit "B", if any) in or to the Premises to which Landlord consents shall be made by Tenant at Tenant's sole cost and expense as follows: (a) Tenant shall submit to Landlord, for Landlord's written approval, complete plans and specifications for all work to be done by Tenant, provided that no plans and specifications shall be required for any work in which (i) the total cost of the proposed alteration, addition or improvement is five thousand dollars ($5,000) or less and (ii) such alteration, addition or improvement will not affect in any way the structural, exterior or roof elements of the Property or the mechanical, electrical, plumbing or life safety systems of the Property. Such plans and specifications shall be prepared by responsible licensed architect(s) and engineer(s), shall comply with all applicable codes, laws, ordinances, rules and regulations, shall not materially adversely affect any systems, components or elements of the PremisesProperty, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the PremisesProperty, and shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. Tenant shall pay all costs, including the fees and expenses of the architect(s) and engineer(s), in preparing such plans and specifications. (b) Landlord Tenant shall notify Tenant within five (5) days of Landlord's receipt of Tenant's request in writing whether Landlord approves, or disapproves, such plans and specifications, Landlord shall describe in writing obtain all required permits for the reasons for disapprovalwork. Tenant may submit shall engage responsible licensed contractor(s) to Landlord revised plans and specifications for Landlord's prior written approval. (c) All subsequent changes in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approvalperform all work. If Tenant wishes to make any such changes in such approved plans and specifications, Tenant shall have such architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant perform all work in writing within five (5) days of Landlord's receipt of the revised plans and specifications whether Landlord approves, or disapproves, such changes and, if Landlord disapproves such change, Landlord shall describe in writing the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for such change for Landlord's written approval. After Landlord's written approval of such change, such change shall become part of accordance with the plans and specifications approved by Landlord. (d) Tenant shall obtain , in a good and comply workmanlike manner, in full compliance with all building permits and other governmental permits and approvals required in connection with the work. Tenant shallapplicable laws, through Tenant's contractor, perform the work substantially in accordance with (i) the plans and specifications approved in writing by Landlord, (ii) the permits obtained by Tenant, and (iii) all applicable codes, laws, ordinances, rules and regulations, and free and clear of any mechanics', materialmen's or any other construction related liens. Tenant shall pay for all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the alterations, additions and improvements. Tenant shall pay to Landlord all direct costs and shall reimburse Landlord for all expenses incurred by Landlord in connection with the review, approval and supervision of any alterations, additions or improvements made by Tenant. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work, except to the extent that the same results from a breach by Landlord of its obligations under this Lease or from Landlord's gross negligence or willful misconduct. (ec) Tenant shall give written notice to Landlord of the date on which construction of any work will be commenced at least ten five (105) days prior to such date. Tenant shall keep the Premises and the Property free from mechanics', materialmen's and all other liens arising out of any work performed, labor supplied, materials furnished or other obligations incurred by Tenant. Tenant shall promptly and fully pay and discharge all claims on which any such lien could be based; provided however, that the . Tenant shall have the right to contest the amount or validity of any such lien, provided Tenant gives prior written notice of notixx xx such contest to Landlord, prosecutes such contest by appropriate proceedings in good faith and with diligence, and, upon request by Landlord, furnishes such bond as may be ax xxx xx required by law or such security as Landlord may require to protect the Premises and the Property from such lien. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord Landlord, the Premises and the Premises Property from such liens. (f) , and to take any other action Landlord shall, deems necessary to remove or discharge liens or encumbrances at the time Tenant requests Landlord's consent to any alterations, addition or improvement, inform Tenant in writing whether Landlord will require the removal expense of the alteration, addition or improvement in question at the expiration or earlier termination of this Lease. If Landlord's consent is not required, Landlord shall have the right to provide to Tenant a written statement as to whether Landlord will require the removal of the alteration, addition or improvement in question at the expiration or earlier termination of this LeaseTenant.

Appears in 1 contract

Samples: Industrial Lease (Foster L B Co)

No Alterations by Tenant. Tenant shall not make any alterations, additions additions, deletions or improvements in or to the Premises or any part thereofthereof (collectively, or attach “Alterations”), including attaching any trade fixtures or equipment thereto, without Landlord's ’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the preceding sentenceHowever, Tenant may make alterations, additions Alterations (other than those involving the removal or improvements costing less than Five deletion of existing improvements) which comply with the Design Criteria (as defined below) and without Landlord’s consent if the total cost of such Alterations is Fifty Thousand and 00/100 Dollars ($5,000.0050,000.00) in or less and such Alterations do not affect building systems, the aggregate, without Landlord's consent, provided such alterations, additions or improvements will not materially adversely affect the structural, exterior structure or roof elements of the Premises or the mechanical, electrical plumbing or life safety systems exterior aesthetics of the Premises, but provided that Tenant shall give notify Landlord prior written notice to the commencement of construction of any such alterations, additions or improvements Alteration pursuant to LandlordSection 7.1(c) below. All alterations, additions and improvements (except improvements made pursuant to Exhibit "B", if any) Alterations in or to the Premises for which Landlord’s consent is required (except improvements made by Landlord pursuant to which Landlord consents Exhibit B, if any) shall be made by Tenant at Tenant's ’s sole cost and expense as follows: (a) Tenant shall submit to Landlord, for Landlord's ’s written approval, complete plans and specifications for all work Alterations to be done by Tenant. Such plans and specifications shall be prepared by responsible licensed architect(s) and engineer(s), shall comply with all applicable codes, laws, ordinances, rules and regulations, shall not materially adversely affect the structure or the structural integrity of the Premises or any systems, components or elements of the Premises, shall demonstrate that the exterior appearance of the Premises will not be affected by such Alterations, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the Premises, and shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. Tenant shall pay all costs, including not adversely affect the fees and expenses aesthetics of the architect(sexterior of the Premises (individually and collectively, the “Design Criteria”). If Landlord fails to approve the proposed Alternation within ten (10) and engineer(s)days after such submission, in preparing such plans and specificationsLandlord shall be deemed to have disapproved the proposed Alteration. (b) Landlord Tenant shall notify Tenant within five (5) days of Landlord's receipt of Tenant's request in writing whether Landlord approves, or disapproves, such plans and specifications, Landlord shall describe in writing obtain all required permits for the reasons for disapprovalAlterations. Tenant may submit shall engage responsible licensed contractor(s) and subcontractor(s) to Landlord revised plans and specifications for Landlord's prior written approval. (cperform all work. The contractor(s) All subsequent changes in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approval’s consent, which shall not be unreasonably withheld, conditioned or delayed. If Tenant wishes to make any such changes in such approved plans and specifications, Tenant shall have such architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant perform all work in writing within five (5) days of Landlord's receipt of the revised plans and specifications whether Landlord approves, or disapproves, such changes and, if Landlord disapproves such change, Landlord shall describe in writing the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for such change for Landlord's written approval. After Landlord's written approval of such change, such change shall become part of accordance with the plans and specifications reasonably approved by Landlord. (d) Tenant shall obtain , in a good and comply workmanlike manner, in full compliance with all building permits and other governmental permits and approvals required in connection with the work. Tenant shallapplicable laws, through Tenant's contractor, perform the work substantially in accordance with (i) the plans and specifications approved in writing by Landlord, (ii) the permits obtained by Tenant, and (iii) all applicable codes, laws, ordinances, rules and regulations. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account and free and clear of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work, except to the extent that the same results from a breach by Landlord of its obligations under this Lease or from Landlord's gross negligence or willful misconduct. (e) Tenant shall give written notice to Landlord of the date on which construction of any work will be commenced at least ten (10) days prior to such datemechanics’ liens. Tenant shall keep pay for all work (including the Premises free from mechanics'cost of all utilities, materialmen's permits, fees, taxes, and all other liens arising out of any work performed, labor supplied, materials furnished or other obligations incurred by Tenantproperty and liability insurance premiums in connection therewith) required to make the Alterations. Tenant shall promptly pay to Landlord all direct out-of-pocket costs reasonably incurred in connection with the review, approval and fully pay and discharge all claims on which any such lien could be based; provided however, that the Tenant shall have the right to contest the amount or validity supervision of any Alterations made by Tenant requiring Landlord’s consent, such lien, provided Tenant gives prior written notice of such contest amount not to Landlord, prosecutes such contest by appropriate proceedings in good faith and with diligence, and, upon request by Landlord, furnishes such bond as may be required by law to protect the Premises from such lien. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord and the Premises from such liensexceed One Thousand Dollars ($1,000. (f) Landlord shall, at the time Tenant requests Landlord's consent to any alterations, addition or improvement, inform Tenant in writing whether Landlord will require the removal of the alteration, addition or improvement in question at the expiration or earlier termination of this Lease. If Landlord's consent is not required, Landlord shall have the right to provide to Tenant a written statement as to whether Landlord will require the removal of the alteration, addition or improvement in question at the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Electro Scientific Industries Inc)

No Alterations by Tenant. Tenant shall not make any alterations, additions additions, deletions or improvements in or to the Premises or any part thereofthereof (collectively, or attach "ALTERATIONS"), including attaching any trade fixtures or equipment thereto, without LandlordXxxxxxxx's prior written consent, consent which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the preceding sentenceHowever, Tenant may make alterations, additions Alterations (other than those involving the removal or improvements costing less than Five Thousand deletion of improvements) which comply with the Design Criteria and 00/100 Dollars without Landlord's consent if the total cost of each Alteration does not exceed twenty five thousand dollars ($5,000.00) in the aggregate, without 25,000.00). Without Landlord's consent, provided such alterationsin no event shall the total cost of Alterations in any calendar year exceed one hundred thousand dollars ($100,000.00) or affect Building systems, additions or improvements will not materially adversely affect the structural, exterior structure or roof elements of the Premises Building or the mechanical, electrical plumbing or life safety systems exterior aesthetics of the Premises, but Tenant shall give prior written notice of any such alterations, additions or improvements to LandlordBuilding. All alterations, additions and improvements (except improvements made pursuant to Exhibit "B", if any) Alterations in or to the Premises for which Landlord's consent is required (except improvements made by Landlord pursuant to which Landlord consents EXHIBIT B, if any) shall be made by Tenant at Tenant's sole cost and expense as follows: (a) Tenant shall submit to Landlord, for Landlord's written approval, complete plans and specifications for all work Alterations to be done by Tenant. Such plans and specifications shall be prepared by responsible licensed architect(s) and engineer(s), shall comply with all applicable codes, laws, ordinances, rules and regulations, shall not materially adversely affect the structure or the structural integrity of the Building or any systems, components or elements of the PremisesBuilding or Project, shall demonstrate that the exterior appearance of the Building will not be affected by such Alterations, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the PremisesProject, shall not interfere with any other tenant's normal and customary business office operations and shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. Tenant shall pay all costs, including not affect the fees and expenses aesthetics of the architect(s) exterior of the Building (individually and engineer(scollectively, the "DESIGN CRITERIA"), in preparing such plans and specifications. (b) Landlord Tenant shall notify Tenant within five (5) days of Landlord's receipt of Tenant's request in writing whether Landlord approves, or disapproves, such plans and specifications, Landlord shall describe in writing obtain all required permits for the reasons for disapprovalAlterations. Tenant may submit shall engage responsible licensed contractor(s) and subcontractor(s) to Landlord revised plans and specifications for Landlord's prior written approval. (cperform all work. The contractor(s) All subsequent changes in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approvalconsent, which shall not be withheld unreasonably. If Tenant wishes to make any such changes in such approved plans and specifications, Tenant shall have such architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant perform all work in writing within five (5) days of Landlord's receipt of the revised plans and specifications whether Landlord approves, or disapproves, such changes and, if Landlord disapproves such change, Landlord shall describe in writing the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for such change for Landlord's written approval. After Landlord's written approval of such change, such change shall become part of accordance with the plans and specifications approved by Landlord. (d) Tenant shall obtain , in a good and comply workmanlike manner, in full compliance with all building permits and other governmental permits and approvals required in connection with the work. Tenant shallapplicable laws, through Tenant's contractor, perform the work substantially in accordance with (i) the plans and specifications approved in writing by Landlord, (ii) the permits obtained by Tenant, and (iii) all applicable codes, laws, ordinances, rules and regulations, and free and clear of any mechanics' liens and in full compliance with the construction rules and regulations adopted by Landlord from time to time. Tenant shall pay for all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the Alterations. Tenant shall pay to Landlord all direct costs, and shall reimburse Landlord for all expenses, incurred by Landlord in connection with the review, approval and monitoring of any alterations made by Tenant. In addition, Tenant shall pay Landlord a construction management fee of four (4%) percent of the hard cost of the Alterations, additions and/or improvements, such fee to be paid in installments as the work progresses. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work. All work of the Alterations, except regardless of whether Xxxxxxxx's consent is required, shall be scheduled through and be subject to the extent that the same results from a breach reasonable monitoring by Landlord and shall be performed in accordance with any reasonable conditions or regulations imposed by Landlord. All work of its obligations under this Lease or from Landlord's gross negligence or willful misconductAlterations shall be in compliance with the Union Requirement described in SECTION 13 of the Work Letter Agreement. (ec) Tenant shall give written notice to Landlord of the date on which construction the work of any work Alterations will be commenced at least ten (10) business days prior to such date. Tenant shall keep the Premises and the Project free from mechanics', materialmen's and all other liens arising out of any work performed, labor supplied, materials furnished or other obligations incurred by Tenant. Tenant shall promptly and fully pay and discharge all claims on which any such lien could be based; provided however, that the . Tenant shall have the right to contest the amount or validity of any such lien, provided Tenant Xxxxxx gives prior written notice of such contest to Landlord, prosecutes such contest by appropriate proceedings in good faith and with diligence, and, upon request by LandlordXxxxxxxx, furnishes such bond as may be required by law or such security as Landlord may require to protect the Premises and the Project from such lien. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord Landlord, the Premises and the Premises Project from such liens, and to take any other action Landlord deems necessary to remove or discharge liens or encumbrances at the expense of Tenant. (fd) Landlord shallIn connection with any work performed by Xxxxxx in accordance with this SECTION 7.1, upon completion of any such work, at the time Tenant requests Landlord's consent request, Xxxxxx agrees to any alterationsprepare and Landlord shall execute if factually correct, addition or improvement, inform and Tenant shall cause a Notice of Completion to be recorded in writing whether Landlord will require the removal County Recorder's Office in accordance with SECTION 3093 of the alterationCivil Code of the State of California or any successor statute. On completion of the work, addition Xxxxxx shall deliver to Landlord both a hard copy and if available, copy on CAD Diskette, of the "as built" plan and specifications (including working drawings) for all Alterations. Promptly following the completion of any Alterations, Tenant shall deliver to Landlord a copy of any signed-off permits, inspection cards or improvement in question at other documentation, if any is required and available given the expiration nature of the Alteration, evidencing governmental approval of completion of the work. No monitoring or earlier termination supervision by Landlord of this Lease. If Alteration shall constitute Landlord's consent is not required, Landlord shall have the right to provide to Tenant a written statement as to whether Landlord will require the removal approval of the alteration, addition or improvement in question at the expiration or earlier termination of this Leasework so performed.

Appears in 1 contract

Samples: Lease (Wj Communications Inc)

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No Alterations by Tenant. Tenant shall not make any alterations, additions additions, deletions or improvements in or to the Premises or any part thereofthereof (collectively, or attach "ALTERATIONS"), including attaching any trade fixtures or equipment thereto, without LandlordXxxxxxxx's prior written consent, consent which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the preceding sentenceHowever, Tenant may make alterations, additions Alterations (other than those involving the removal or improvements costing less than Five Thousand deletion of improvements) which comply with the Design Criteria and 00/100 Dollars without Landlord's consent if the total cost of each Alteration does not exceed twenty five thousand dollars ($5,000.00) in the aggregate, without 25,000.00). Without Landlord's consent, provided such alterationsin no event shall the total cost of Alterations in any calendar year exceed one hundred thousand dollars ($100,000.00) or affect Building systems, additions or improvements will not materially adversely affect the structural, exterior structure or roof elements of the Premises Building or the mechanical, electrical plumbing or life safety systems exterior aesthetics of the Premises, but Tenant shall give prior written notice of any such alterations, additions or improvements to LandlordBuilding. All alterations, additions and improvements (except improvements made pursuant to Exhibit "B", if any) Alterations in or to the Premises for which Landlord's consent is required (except improvements made by Landlord pursuant to which Landlord consents EXHIBIT B, if any) shall be made by Tenant at Tenant's sole cost and expense as follows: (a) Tenant shall submit to Landlord, for Landlord's written approval, complete plans and specifications for all work Alterations to be done by Tenant. Such plans and specifications shall be prepared by responsible licensed architect(s) and engineer(s), shall comply with all applicable codes, laws, ordinances, rules and regulations, shall not materially adversely affect the structure or the structural integrity of the Building or any systems, components or elements of the PremisesBuilding or Project, shall demonstrate that the exterior appearance of the Building will not be affected by such Alterations, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the PremisesProject, shall not interfere with any other tenant's normal and customary business office operations and shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. Tenant shall pay all costs, including not affect the fees and expenses aesthetics of the architect(s) exterior of the Building (individually and engineer(scollectively, the "DESIGN CRITERIA"), in preparing such plans and specifications. (b) Landlord Tenant shall notify Tenant within five (5) days of Landlord's receipt of Tenant's request in writing whether Landlord approves, or disapproves, such plans and specifications, Landlord shall describe in writing obtain all required permits for the reasons for disapprovalAlterations. Tenant may submit shall engage responsible licensed contractor(s) and subcontractor(s) to Landlord revised plans and specifications for Landlord's prior written approval. (cperform all work. The contractor(s) All subsequent changes in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approvalconsent, which shall not be withheld unreasonably. If Tenant wishes to make any such changes in such approved plans and specifications, Tenant shall have such architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant perform all work in writing within five (5) days of Landlord's receipt of the revised plans and specifications whether Landlord approves, or disapproves, such changes and, if Landlord disapproves such change, Landlord shall describe in writing the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for such change for Landlord's written approval. After Landlord's written approval of such change, such change shall become part of accordance with the plans and specifications approved by Landlord. (d) Tenant shall obtain , in a good and comply workmanlike manner, in full compliance with all building permits and other governmental permits and approvals required in connection with the work. Tenant shallapplicable laws, through Tenant's contractor, perform the work substantially in accordance with (i) the plans and specifications approved in writing by Landlord, (ii) the permits obtained by Tenant, and (iii) all applicable codes, laws, ordinances, rules and regulations, and free and clear of any mechanics' liens and in full compliance with the construction rules and regulations adopted by Landlord from time to time. Tenant shall pay for all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the Alterations. Tenant shall pay to Landlord all direct costs, and shall reimburse Landlord for all expenses, incurred by Landlord in connection with the review, approval and monitoring of any alterations made by Tenant. In addition, Tenant shall pay Landlord a construction management fee of four (4%) percent of the hard cost of the Alterations, additions and/or improvements, such fee to be paid in installments as the work progresses. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work. All work of the Alterations, except regardless of whether Xxxxxxxx's consent is required, shall be scheduled through and be subject to the extent that the same results from a breach reasonable monitoring by Landlord and shall be performed in accordance with any reasonable conditions or regulations imposed by Landlord. All work of its obligations under this Lease or from Landlord's gross negligence or willful misconductAlterations shall be in compliance with the Union Requirement described in SECTION 13 of the Work Letter Agreement. (ec) Tenant shall give written notice to Landlord of the date on which construction the work of any work Alterations will be commenced at least ten (10) business days prior to such date. Tenant shall keep the Premises and the Project free from mechanics', materialmen's and all other liens arising out of any work performed, labor supplied, materials furnished or other obligations incurred by Tenant. Tenant shall promptly and fully pay and discharge all claims on which any such lien could be based; provided however, that the . Tenant shall have the right to contest the amount or validity of any such lien, provided Tenant Xxxxxx gives prior written notice of such contest to Landlord, prosecutes such contest by appropriate proceedings in good faith and with diligence, and, upon request by LandlordXxxxxxxx, furnishes such bond as may be required by law or such security as Landlord may require to protect the Premises and the Project from such lien. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord Landlord, the Premises and the Premises Project from such liens, and to take any other action Landlord deems necessary to remove or discharge liens or encumbrances at the expense of Tenant. (fd) Landlord shallIn connection with any work performed by Xxxxxx in accordance with this SECTION 7.1, upon completion of any such work, at the time Tenant requests Landlord's consent request, Xxxxxx agrees to any alterationsprepare and Landlord shall execute if factually correct, addition or improvement, inform and Tenant shall cause a Notice of Completion to be recorded in writing whether Landlord will require the removal County Recorder's Office in accordance with SECTION 3093 of the alterationCivil Code of the State of California or any successor statute. On completion of the work, addition Tenant shall deliver to Landlord both a hard copy and if available, copy on CAD Diskette of the "as built" plan and specifications (including working drawings) for all Alterations. Promptly following the completion of any Alterations, Tenant shall deliver to Landlord a copy of any signed-off permits, inspection cards or improvement in question at other documentation, if any is required and available given the expiration nature of the Alteration, evidencing governmental approval of completion of the work. No monitoring or earlier termination supervision by Landlord of this Lease. If Alterations shall constitute Landlord's consent is not required, Landlord shall have the right to provide to Tenant a written statement as to whether Landlord will require the removal approval of the alteration, addition or improvement in question at the expiration or earlier termination of this Leasework so performed.

Appears in 1 contract

Samples: Lease (Wj Communications Inc)

No Alterations by Tenant. Tenant shall not make any alterations, additions or improvements in or to the Premises or any part thereof, or attach any fixtures or equipment thereto, without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the preceding sentence, Tenant may make such alterations, additions or improvements costing less than Five Thousand and 00/100 Dollars ($5,000.00) in the aggregate, without Landlord's consentconsent only if the total cost of such alterations, provided additions or improvements is ten thousand dollars ($10,000) or less and such alterations, additions or improvements will not materially adversely affect in any way the structural, exterior or roof elements of the Premises Property or the mechanical, electrical electrical, plumbing or life safety systems of the PremisesProperty, but Tenant shall give prior written notice of any such alterations, additions or improvements to Landlord. All alterations, additions and improvements (except improvements made by Landlord pursuant to Exhibit "B", B. if any) , in or to the Premises to which Landlord consents shall be made by Tenant at Tenant's sole cost and expense as follows: (a) Tenant shall submit to Landlord, for Landlord's written approval, which shall not be unreasonably withheld or delayed, complete plans and specifications for all work to be done by Tenant. Such plans and specifications shall be prepared by responsible licensed architect(s) and engineer(s), shall comply with all applicable codes, laws, ordinances, rules and regulations, shall not materially adversely affect any systems, components or elements of the PremisesProperty, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the PremisesProperty, and shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. Tenant shall pay all costs, including the fees and expenses of the architect(s) and engineer(s), in preparing such plans and specifications. (b) Landlord Tenant shall notify Tenant within five (5) days of Landlord's receipt of Tenant's request in writing whether Landlord approves, or disapproves, such plans and specifications, Landlord shall describe in writing obtain all required permits for the reasons for disapprovalwork. Tenant may submit shall engage responsible licensed contractor(s) to Landlord revised plans and specifications for Landlord's prior written approval. (c) All subsequent changes in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approvalperform all work. If Tenant wishes to make any such changes in such approved plans and specifications, Tenant shall have such architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant perform all work in writing within five (5) days of Landlord's receipt of the revised plans and specifications whether Landlord approves, or disapproves, such changes and, if Landlord disapproves such change, Landlord shall describe in writing the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for such change for Landlord's written approval. After Landlord's written approval of such change, such change shall become part of accordance with the plans and specifications approved by Landlord. (d) Tenant , which shall obtain not be unreasonably withheld or delayed, in a good and comply workmanlike manner, in full compliance with all building permits and other governmental permits and approvals required in connection with the work. Tenant shallapplicable laws, through Tenant's contractor, perform the work substantially in accordance with (i) the plans and specifications approved in writing by Landlord, (ii) the permits obtained by Tenant, and (iii) all applicable codes, laws, ordinances, rules and regulations, and free and clear of any mechanics' liens. Tenant shall pay for all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the alterations, additions and improvements. Tenant shall pay to Landlord all direct costs and shall reimburse Landlord for all expenses incurred by Landlord in connection with the review, approval and supervision of any alterations, additions or improvements made by Tenant. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work, except to the extent that the same results from a breach by Landlord of its obligations under this Lease or from Landlord's gross negligence or willful misconduct. (ec) Tenant shall give written notice to Landlord of the date on which construction of any work will be commenced at least ten five (105) days prior to such date. Tenant shall keep the Premises and the Property free from mechanics', materialmenmaterial men's and all other liens arising out of any work performed, labor supplied, materials furnished or other obligations incurred by Tenant. Tenant shall promptly and fully pay and discharge all claims on which any such lien could be based; provided however, that the . Tenant shall have the right to contest the amount or validity of any such lien, provided Tenant gives prior written notice of such contest to Landlord, prosecutes such contest by appropriate proceedings in good faith and with diligence, and, upon request by Landlord, furnishes such bond as may be required by law or such security as Landlord may require to protect the Premises and the Property from such lien. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord Landlord, the Premises and the Premises Property from such liens. (f) , and to take any other action Landlord shall, deems necessary to remove or discharge liens or encumbrances at the time Tenant requests Landlord's consent to any alterations, addition or improvement, inform Tenant in writing whether Landlord will require the removal expense of the alteration, addition or improvement in question at the expiration or earlier termination of this Lease. If Landlord's consent is not required, Landlord shall have the right to provide to Tenant a written statement as to whether Landlord will require the removal of the alteration, addition or improvement in question at the expiration or earlier termination of this LeaseTenant.

Appears in 1 contract

Samples: Sublease (Build a Bear Workshop Inc)

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