Common use of No Alterations Without Landlord's Consent Clause in Contracts

No Alterations Without Landlord's Consent. Tenant shall not make or suffer to be made any alterations, additions or improvements to or on the Premise or any part thereof without the prior written consent of Landlord, which may be granted or denied in Landlord's sole discretion. Any alterations, additions or improvements to or on the Premises or any part thereof, including, but not limited to, wall covering, paneling, built-in cabinet work, and fixtures, and excepting only moveable furniture and equipment not attached to the Premises, or if attached, which can be removed without material damage to the Premises, shall, upon the expiration of the Term, become part of the realty, become the property of Landlord, and shall be, surrendered with the Premises whether paid for by Landlord or Tenant. In the event Landlord consents to the making of any alterations, additions or improvements to or on the Premises or any part thereof by Tenant, the same shall be made at Tenant's sole cost and expense. Any provision of this Lease to the contrary notwithstanding, Tenant shall have no right to remove any of the following items: (i) any power wiring or power panels or electrical distribution; lighting or lighting fixtures; security or fire protection systems; communication systems; computer or fiber optic distribution; plumbing systems; air distribution; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; or other similar building operating equipment and decorations; (ii) any alteration, addition or improvement if Tenant is in default under this Lease; or (iii) any item of the Landlord Improvements.

Appears in 2 contracts

Samples: Attornment and Non Disturbance Agreement (Optimer Pharmaceuticals Inc), Attornment and Non Disturbance Agreement (Optimer Pharmaceuticals Inc)

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No Alterations Without Landlord's Consent. Tenant shall not make or suffer to be made any alterations, additions additions, or improvements to the Property without Landlord’s prior written consent, except for non-structural alterations which do not exceed Ten Thousand Dollars ($10,000) in cost cumulatively over the Lease Term and which are not visible from the outside of any building of which the Property is part. Notwithstanding the above, Tenant may not permanently alter the Property’s floor or any components of the Property by bead blasting, sand blasting or otherwise. Tenant, under no circumstances, may do any construction or improvements on the Premise roof, place any equipment, vents, fans or any part thereof without the prior written consent of Landlord, which may be granted or denied in Landlord's sole discretion. Any alterations, additions or improvements to or on the Premises or any part thereof, including, but not limited to, wall covering, paneling, built-in cabinet work, and fixtures, and excepting only moveable furniture and equipment not attached to the Premises, or if attached, which can be removed without material damage to the Premises, shall, upon the expiration of the Term, become part of the realty, become the property of Landlord, and shall be, surrendered with the Premises whether paid for by Landlord or Tenant. In the event Landlord consents to the making of any alterations, additions or improvements to or on the Premises or any part thereof by Tenant, the same shall be made at Tenant's sole cost and expense. Any provision of this Lease to the contrary notwithstanding, Tenant shall have no right to remove any of the following items: (i) any power wiring or power panels or electrical distribution; lighting or lighting fixtures; security or fire protection systems; communication systems; computer or fiber optic distribution; plumbing systems; air distribution; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; equipment on the roof, or penetrate the roof membrane for any reason without Landlord’s written permission. If Tenant violates the rules or prohibitions as regarding the roof hereunder, then as one of Landlord’s remedies (in addition to any other similar building operating equipment and decorations; (ii) any alteration, addition or improvement if Tenant is in default remedy of Landlord under this Lease; ), Tenant shall be responsible for all roof repairs, and Landlord may require Tenant to promptly remove such violating item and to restore the roof to the roof’s condition prior to such violation. Even for those non-structural alterations which do not require Landlord’s approval under this Section 6.5(a), Tenant shall provide written notice to Landlord and a description of such improvements prior to the commencement of construction of same. Tenant shall promptly remove any alterations, additions, or improvements constructed in violation of this Section 6.5(a) upon Landlord’s written request. All alterations, additions, and improvements shall be done in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor approved by Landlord. All work performed by Tenant’s contractors shall be performed pursuant to a written agreement between Tenant and such contractor (iii) any item herein, a “Contractor Agreement”). Each such Contractor Agreement between Tenant and Tenant’s contractor shall contain a provision requiring that Tenant’s contractor maintain a policy of comprehensive commercial general liability insurance naming Landlord as an additional insured, insuring against liability for personal injury and property damage arising out of such contractor’s acts or omissions in connection with the performance of the work, with minimum limits of coverage of not less than One Million Dollars ($1,000,000) per occurrence (or such greater amount as may be reasonably required by Landlord). Each Contractor Agreement shall also contain a provision requiring that Tenant’s contractor indemnify, defend and hold Landlord Improvementsharmless from all liabilities, claims, losses, expenses and costs (including, without limitation, attorney’s fees) arising from Tenant’s acts or omissions in connection with the performance of the work. Prior to the commencement of such work, Tenant shall deliver to Landlord a copy of the executed Contractor Agreement and the certificate of insurance evidencing that Landlord has been named as an additional insured under such policy maintained by Tenant’s contractor. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, copies of all permits, and proof of payment for all labor and materials.

Appears in 1 contract

Samples: Qualstar Corp

No Alterations Without Landlord's Consent. Tenant shall not make or suffer to be made any alterations, additions additions, or improvements to the Property without Landlord's prior written consent, except for non-structural alterations which do not exceed Twenty Thousand Dollars ($20,000) in cost, and do not exceed Sixty Thousand Dollars ($60,000) cumulatively over the Lease Term and which are not visible from the outside of any building of which the Property is part. Tenant, under no circumstances, may do any construction or improvements on the Premise roof, place any equipment, vents, fans or any part thereof without the prior written consent of Landlord, which may be granted or denied in Landlord's sole discretion. Any alterations, additions or improvements to or on the Premises or any part thereof, including, but not limited to, wall covering, paneling, built-in cabinet work, and fixtures, and excepting only moveable furniture and equipment not attached to the Premises, or if attached, which can be removed without material damage to the Premises, shall, upon the expiration of the Term, become part of the realty, become the property of Landlord, and shall be, surrendered with the Premises whether paid for by Landlord or Tenant. In the event Landlord consents to the making of any alterations, additions or improvements to or on the Premises or any part thereof by Tenant, the same shall be made at Tenant's sole cost and expense. Any provision of this Lease to the contrary notwithstanding, Tenant shall have no right to remove any of the following items: (i) any power wiring or power panels or electrical distribution; lighting or lighting fixtures; security or fire protection systems; communication systems; computer or fiber optic distribution; plumbing systems; air distribution; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; equipment on the roof, or penetrate the roof membrane for any reason without Landlord's written permission. The Landlord shall not unreasonably delay the Landlord's response to the Tenant's request for Landlord's consent under this paragraph. Notwithstanding the above, Tenant may not permanently alter the Property's floor or any components of the Property by bead blasting, sand blasting or otherwise. If Tenant violates the rules or prohibitions as regarding the roof hereunder, then as one of Landlord's remedies (in addition to any other similar building operating equipment and decorations; (ii) any alteration, addition or improvement if Tenant is in default remedy of Landlord under this Lease; ), Tenant shall be responsible for all roof repairs necessitated thereby, and Landlord may require Tenant to promptly remove such violating item and to restore the roof to the roof's condition prior to such violation. Even for those nonstructural alterations which do not require Landlord's approval under this Paragraph 6.5(a), Tenant shall provide written notice to Landlord and a description of such improvements prior to the commencement of construction of same. Tenant shall promptly remove any alterations, additions, or (iiiimprovements constructed in violation of this Paragraph 6.5(a) upon Landlord's written request. All alterations, additions, and improvements shall be done in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor approved by Landlord. Upon completion of any item such work, Tenant shall provide Landlord with "as built" plans, copies of the Landlord Improvementsall construction contracts, copies of all permits, and proof of payment for all labor and materials.

Appears in 1 contract

Samples: Obagi Medical Products, Inc.

No Alterations Without Landlord's Consent. Tenant shall not make or suffer to be made any alterations, additions or improvements ("ALTERATIONS") to or on the Premise Premises or any part thereof without the prior written consent of Landlord, which not be unreasonably withheld; provided, however, Landlord may be granted withhold in its sole discretion any consent to change any structural or denied in Landlord's sole discretionexterior portions of the Premises. Any alterations, additions or improvements Except as provided on the list attached hereto as EXHIBIT "J," any Alterations to or on the Premises or any part thereof, including, but not limited to, wall covering, paneling, built-in cabinet work, and fixtures, and excepting only moveable furniture and equipment not attached to the Premises, or if attached, which can be removed without material damage to the Premises, shall, upon the expiration of the Term, become part of the realty, become the property of Landlord, and shall be, surrendered with the Premises whether paid for by Landlord or Tenant. As to any items on EXHIBIT "J" which Tenant does not intend to use in another facility, prior to removal, Tenant shall give Landlord the right of first offer to purchase such items. Landlord shall exercise such right within ten (10) business days after receipt of notice that any such item is available. In the event Landlord consents to the making of any alterations, additions or improvements Alterations to or on the Premises or any part thereof by Tenant, the same shall be made at Tenant's sole cost and expense. Any provision of this Lease to the contrary notwithstanding, Tenant shall have no right to remove any of the following items: (i) any power wiring or power panels or electrical distribution; lighting or lighting fixtures; security or fire protection systems; communication systemscabling; computer or fiber optic distribution; plumbing systems; air distribution; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; or other similar building operating equipment and decorations; or (ii) any alteration, addition or improvement if Tenant is in default under this Lease; or (iii) any item of the Landlord Improvements. Notwithstanding the foregoing, or anything to the contrary contained herein, Tenant shall have the right to remove the equipment and other property listed on EXHIBIT "J" attached hereto at any time before the end of the Term. Notwithstanding anything herein to the contrary, Tenant may construct, interior non-structural Alterations in the Premises without Landlord's prior approval, if the cost of any such project does not exceed Twenty-Five Thousand Dollars ($25,000). Tenant's trade fixtures, furniture, equipment and other personal property installed in the Premises ("TENANT'S PROPERTY") shall at all times be and remain Tenant's property. Except for Alterations which cannot be removed without structural injury to the Premises, at any time Tenant may remove Tenant's Property from the Premises, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in any item of Tenant's Property. In all events, Tenant shall provide to Landlord prior notice of any Alteration in order that Landlord may post a notice of non-responsibility.

Appears in 1 contract

Samples: Building Lease Sorrento Research Facility (Alexion Pharmaceuticals Inc)

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No Alterations Without Landlord's Consent. Tenant shall not make or suffer to be made any alterations, additions or improvements to or on the Premise or any part thereof without the prior written consent of Landlord, which may be granted or denied in Landlord's sole ’s reasonable discretion. Any alterations, additions or improvements to or on the Premises or any part thereof, including, but not limited to, wall covering, paneling, built-in cabinet work, and fixtures, and excepting only moveable furniture and equipment not attached to the Premises, or if attached, which can be removed without material damage to the Premises, shall, upon the expiration of the Term, become part of the realty, become the property of Landlord, and shall be, surrendered with the Premises whether paid for by Landlord or Tenant. In the event Landlord consents to the making of any alterations, additions or improvements to or on the Premises or any part thereof by Tenant, the same shall be made at Tenant's ’s sole cost and expense. Any provision of this Lease to the contrary notwithstanding, Tenant shall have no right to remove any of the following items: (i) any power wiring or power panels or electrical distribution; lighting or lighting fixtures; security or fire protection systems; communication systems; computer or fiber optic distribution; plumbing systems; air distribution; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; or other similar building operating equipment and decorations; (ii) any alteration, addition or improvement if Tenant is in default under this Lease; or (iii) any item of the Landlord Improvements.

Appears in 1 contract

Samples: Building Lease (Genstar Therapeutics Corp)

No Alterations Without Landlord's Consent. Subject to Tenant's obligations set forth in Section 6.4, Tenant shall not make any alterations, additions, or suffer improvements to the Property not built pursuant to the Construction Rider without Landlord's prior written consent (which covenant shall not be made unreasonably withheld), except for non-structural alterations which do not exceed Twenty Thousand Dollars ($20,000) per construction project in any one calendar year and which are not visible from the outside of any building of which the Property is part. In no event may Tenant make any alterations, additions or improvements to or on the Premise or any part thereof Property under the immediate preceding sentence, without the Landlord's prior written consent of Landlordconsent, which in the aggregate total more than Fifty Thousand Dollars ($50,000) during any calendar year. Landlord may be granted or denied require Tenant to provide demolition and/or lien payment and completion bonds in forms and amounts reasonably satisfactory to Landlord's sole discretion. Any alterations, additions or improvements to or on the Premises or any part thereof, including, but not limited to, wall covering, paneling, built-in cabinet work, and fixtures, and excepting only moveable furniture and equipment not attached to the Premises, or if attached, which can be removed without material damage to the Premises, shall, upon the expiration of the Term, become part of the realty, become the property of Landlord, and Tenant shall be, surrendered with the Premises whether paid for by Landlord or Tenant. In the event Landlord consents to the making of promptly remove any alterations, additions additions, or improvements to or on the Premises or any part thereof by Tenantconstructed in violation of this Paragraph 6.5(a) upon Landlord's written request. All alterations, the same additions, and improvements shall be made at Tenant's sole cost done in a good and expenseworkmanlike manner, in conformity with all applicable laws and regulations, and by a contractor approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed). Any provision Upon completion of this Lease to the contrary notwithstandingany such work, Tenant shall have no right to provide Landlord with "as built" plans, copies of all construction contracts, and proof of payment for all labor and materials. Tenant may not remove any of the following items: (i) any power wiring or power panels or electrical distribution; lighting or lighting fixtures; security or fire protection systems; communication systems; computer or fiber optic distribution; plumbing systems; air distribution; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; or other similar building operating equipment and decorations; (ii) any alteration, addition or improvement if Tenant is in default under this Lease; or (iii) any item of Improvements constructed pursuant to the Landlord ImprovementsConstruction Rider without Landlord's prior written consent.

Appears in 1 contract

Samples: Xylan Corp

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