Common use of Permitted Alterations Clause in Contracts

Permitted Alterations. Tenant shall not make or permit any Alterations without the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned or delayed). Notwithstanding the foregoing, in no event shall any Alterations (i) affect the exterior of the Building or the outside areas of the Property or the Building (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the provisions of Section 22.1 below. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s Agents in the construction or installation of any Alterations permitted hereunder. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at its option and by notice delivered to Tenant at the time of Landlord’s approval, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s expense, remove any or all Alterations and return the Premises to its condition as of the Commencement Date, normal wear and tear excepted. Notwithstanding any other provisions of this Lease to the contrary, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all Alterations made by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s written demand therefor from time to time. Notwithstanding anything to the contrary in this Section 8.1, Tenant, without Landlord’s consent, may make minor Alterations to the Premises which do not affect the Building’s structure or operating systems and that do not cost more than $50,000.00 per project; provided however, Tenant shall provide notice no less than ten (10) business days’ notice of such Alterations.

Appears in 2 contracts

Samples: Office Lease (Eargo, Inc.), Office Lease (Eargo, Inc.)

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Permitted Alterations. Tenant shall not Lessee may make or permit from time to time any Alterations without (“Permitted Alterations”) which will not (a) violate, or cause or require a modification in (i) the Permitted Uses, (ii) any other provision of this Lease, or (iii) any Entitlements; (b) materially adversely affect the value or use of any Improvements; (c) adversely affect in any material manner the operation of the Hotel as a Luxury Hotel; (d) modify in any material respect the exterior appearance of any Building or any structural element of any Building, or materially modify the mechanical, electrical, plumbing or life safety system of any Building, or (e) impose any liability or obligation on Lessor under Applicable Laws with respect to the condition of the Premises; or (f) have a total estimated cost per Alteration in excess of $200,000.00 (such amount to be increased as of each Adjustment Date by an amount equal to the percentage increase in the CPI occurring since the immediately preceding Adjustment Date, or since the Term Commencement Date in the case of the first Adjustment Date). If Lessee desires to make any Alterations which could have any of the effects described in any of clauses (a) through (f) of the immediately preceding sentence (any such Alteration being herein referred to as a “Major Alteration”), Lessee shall first obtain Lessor’s prior written consent of Landlord (consent, which consent shall not be unreasonably withheld, conditioned except that Lessor shall have the right to approve or delayed). Notwithstanding the foregoingdisapprove, in no event shall its sole and absolute discretion, any Alterations (i) affect the exterior which could have any of the Building or the outside areas of the Property or the Building effects described in clause (or be visible from adjoining sitesa), (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roofb), (iiic) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (ve) diminish the value of the Premisesabove. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s the sole cost and expense in compliance with all Applicable Lawsof Lessee, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the provisions of Section 22.1 below. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s Agents in the construction or installation of any Alterations permitted hereunder. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and Lessor shall not be deemed Tenant’s Personal Property; providedobligated to pay or contribute toward payment of the costs of any Alterations, however, including any Designated Alterations. Lessor acknowledges that Landlord may, at its option and by notice delivered Lessee may desire to Tenant propose one or more Alterations that individually or collectively will reduce the number of keyed guest rooms or suites at the time Hotel, and Lessor agrees not to unreasonably withhold its consent to any such proposed Alterations, provided that (A) following the completion of Landlord’s approval, require that Tenant, upon such Alterations the expiration or sooner termination of this Lease, keyed guest rooms and suites at Tenant’s expense, remove any or all Alterations and return the Premises to its condition as Hotel will number in the aggregate not less than ninety-five percent (95%) of the total keyed guest rooms and suites at the Hotel on the Term Commencement Date, normal wear and tear excepted. Notwithstanding any other provisions (B) Lessee can establish that the net operating revenues of this Lease to the contrary, Tenant shall Hotel will not be solely responsible for the maintenance, repair and replacement of any and all Alterations made decreased by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s written demand therefor from time to time. Notwithstanding anything to the contrary in this Section 8.1, Tenant, without Landlord’s consent, may make minor Alterations to the Premises which do not affect the Building’s structure or operating systems and that do not cost more than $50,000.00 per project; provided however, Tenant shall provide notice no less than ten (10) business days’ notice reason of such Alterations.

Appears in 2 contracts

Samples: Ground Lease (Morgans Hotel Group Co.), Ground Lease (Morgans Hotel Group Co.)

Permitted Alterations. Tenant shall not make or permit ATIONS any Alterations in, on or about the Premises without the prior written consent of Landlord (which shall not be unreasonably withheld or delayed) and according to plans and specifications approved in writing by Landlord, which consent shall not be unreasonably withheld, conditioned withheld or delayed). Notwithstanding For purposes of this Lease, "Alterations" shall mean any alterations, additions or improvements made in, on or about the foregoing, in no event shall any Alterations (i) affect Premises after the exterior of the Building or the outside areas of the Property or the Building (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the BuildingCommencement Date, including, but not limited to, the rooflighting, (iii) require any change to the basic floor plan of the Premisesheating, any change to the structural or mechanical components of the Premisesventilating, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s access to any mechanicalair conditioning, electrical, partitioning, fixtures, drapery and carpentry installations; provided, however, that Tenant, at Tenant's sole cost and expense, may install its necessary trade fixtures, equipment and furniture in the Premises without Landlord's consent, provided that such items are installed and are removable without damage to the Project or to any of its electrical, mechanical or plumbing or HVAC systems, facilities and such alterations do not cost more than $10,000.00 each. Notwithstanding the foregoing, Landlord may withhold Landlord's consent in its sole discretion (including, without limitation, on wholly aesthetic grounds) to any: (i) alterations to the exterior or equipment located in or serving structural component of the Building, or (v) diminish the value including, without limitation, exterior walls and roof of the PremisesBuilding; and (ii) alterations visible from outside the Building, including Outside Areas. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, alterations shall be installed by a licensed contractor at at: Tenant’s 's sole expense expense, in compliance with all Applicable Lawsapplicable laws and the CC&R's by Landlord's contractor, and shall be accomplished done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date Date, and in accordance shall not diminish the value of the Premises. Landlord shall have the right to require that all Alterations shall be of first class quality consistent with the provisions quality of Section 22.1 belowthe Project. No Hazardous MaterialsAll alterations made by Tenant, including, but not limited to, asbestos or asbestos-containing materialsby Landlord at Tenant's expense, shall be used by Tenant at the termination or Tenant’s Agents in expiration of the construction or installation of any Alterations permitted hereunder. All Alterations made by Tenant shall be and Lease become the property of Landlord upon the construction or installation thereof and shall not remain upon and be deemed Tenant’s Personal Propertysurrendered with the Premises; provided, however, that Landlord may, at its option and by notice delivered to Tenant at the time of Landlord’s approvaloption, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s 's expense, remove any or all nonstructural Alterations installed by Tenant, or by Landlord at Tenant's expense, and return the Premises to its their condition as of the Commencement DateDate of this Lease, normal wear and tear exceptedexcepted and subject to the provisions of Paragraph 13. If requested by Tenant, Landlord shall inform Tenant at the time Landlord consents to the Alteration as to whether or not the Alteration in question must be removed from the Premises upon the expiration or earlier termination of the Lease. Notwithstanding any other provisions provision of this Lease to the contraryLease, Tenant shall be solely responsible for the maintenance, maintenance and repair and replacement of any and all Alterations made by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s written demand therefor from time to time. Notwithstanding anything to the contrary in this Section 8.1, Tenant, without Landlord’s consent, may make minor Alterations to the Premises which do not affect the Building’s structure made by Tenant, or operating systems and that do not cost more than $50,000.00 per project; provided however, Tenant shall provide notice no less than ten (10) business days’ notice of such Alterationsby Landlord at Tenant's expense.

Appears in 2 contracts

Samples: Letter Agreement (Signal Pharmaceuticals Inc), Letter Agreement (Signal Pharmaceuticals Inc)

Permitted Alterations. Tenant shall not make or permit any Alterations without the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned or delayed)Landlord. Notwithstanding the foregoing, in no event shall any Alterations (i) affect the exterior of the Building or the outside areas of the Property or the Building Project (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. Notwithstanding the foregoing, Landlord’s consent shall not be required for non-structural, cosmetic Alterations provided that: (a) such Alterations do not affect or penetrate the structural portions or exterior appearance of the Premises or Building or affect any mechanical, electrical, plumbing, life safety, HVAC or other systems in the Building; (b) the cost of such Alterations do not exceed $25,000.00 during any twelve (12) month period; (c) Tenant delivers to Landlord no less than fifteen (15) days prior Notice of the installation or construction of such Alterations; (d) such Alterations do not require the issuance of a permit or other authorization from a governmental authority; and (e) such Alterations otherwise comply with the terms of this Article VIII and all Rules and Regulations, Building regulations and Landlord’s structural, engineering and design requirements for the Building. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the provisions requirements of Section 22.1 below21.28. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s Agents in the construction or installation of any Alterations permitted hereunder. Tenant shall, if reasonably required by Landlord, obtain and pay for, at Tenant’s own expense, a completion and indemnity bond covering such Alterations, the form and amount of which shall be subject to approval of Landlord. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at its option and by notice delivered to Tenant at the time of Landlord’s approvaloption, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s expense, remove any or all Alterations and return the Premises to its condition as of the Commencement Date, normal wear and tear excepted. Notwithstanding the foregoing, upon Tenant’s express written request making specific reference to this Section 8.1, Landlord shall advise Tenant at the time of Landlord’s approval of any Alteration requested by Tenant (or within ten (10) Business Days after receipt of Tenant’s notice to Landlord with respect to those Alterations not requiring Landlord’s approval (i.e. cosmetic alterations), whether Landlord will require the removal of the Alteration and restoration of the Premises to its previous condition at the expiration or sooner termination of this Lease, and Landlord's determination at such time shall be binding on Landlord. Landlord’s failure to expressly waive in writing Tenant’s removal obligation as to any Alterations following Tenant's written request therefor shall be deemed to be an election by Landlord to require the removal of the subject Alterations, unless Landlord subsequently waives such requirement in a written notice to Tenant. Notwithstanding any other provisions of this Lease to the contrary, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all Alterations made by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s written demand therefor from time to time. Notwithstanding anything to the contrary in this Section 8.1, Tenant, without Landlord’s consent, may make minor Alterations to the Premises which do not affect the Building’s structure or operating systems and that do not cost more than $50,000.00 per project; provided however, Tenant shall provide notice no less than ten (10) business days’ notice of such Alterations.

Appears in 1 contract

Samples: Form Lease (Adept Technology Inc)

Permitted Alterations. Tenant shall not make or permit any Alterations without the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned or delayed). Notwithstanding the foregoing, in no event shall any Alterations (i) affect the exterior is of the Building or the outside areas of the Property or the Building (or be visible from adjoining sites)a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (ii) is not visible from outside the Demised Premises or Building; (iii) will not affect the systems or penetrate any of the structural portions structure of the Building, including, but ; (d) does not limited to, require work to be performed inside the roof, (iii) require any change to walls or above the basic floor plan ceiling of the Demised Premises; and (e) does not require securing a building permit from the local authority having jurisdiction over such alterations, any change to the structural additions or mechanical components of the Premisesimprovements. For all alterations, additions or any governmental approval or permit as a prerequisite to the construction thereofimprovements other than Permitted Alterations, (iv) interfere in any manner with the proper functioning of or complete architectural and engineering drawings must be submitted for Landlord’s access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises's approval. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the provisions of Section 22.1 below. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s Agents in the construction or installation of any Alterations permitted hereunder. All Alterations made by Tenant shall be and become the property reimburse Landlord within thirty (30) days after receipt of Landlord upon the construction or installation thereof and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at its option and by notice delivered to Tenant at the time of Landlord’s approval, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s expense, remove any or all Alterations and return the Premises to its condition as of the Commencement Date, normal wear and tear excepted. Notwithstanding any other provisions of this Lease to the contrary, Tenant shall be solely responsible an invoice for the maintenance, repair and replacement of any and all Alterations made by or for the benefit of Tenant (including, without limitation, reasonable out-of-pocket sums paid by Landlord for the benefit third party examination of Tenant)'s plans for Alterations. In addition, within thirty (30) days after receipt of an invoice from Landlord, Tenant shall be responsible pay to Landlord a fee equal to five percent (5%) of the total cost of such Alterations for the payment Landlord's oversight and coordination of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made however, only in the event the project scope exceeds $20,000. All Alterations will become Landlord1s property at the expiration or earlier termination of the Lease Term and will remain on the Demised Premises without compensation to Tenant unless, Landlord elects by Tenant written notice to Landlord within ten (10) days following Landlord’s written demand therefor from time to time. Notwithstanding anything to the contrary in this Section 8.1, Tenant, without Landlord’s consentsuch written notice to be provided at the time Landlord consents to such Alteration, may make minor Alterations to the Premises have Tenant remove such Alteration, in which do not affect the Building’s structure or operating systems event, notwithstanding any contrary provisions respecting such alterations, additions and that do not cost more than $50,000.00 per project; provided howeverimprovements contained in Article 27 hereof, Tenant shall provide notice no less than ten (10) business days’ notice remove such Alteration on or prior to the expiration or earlier termination of such Alterationsthe Lease Term and repair any damage to the Demised Premises resulting from the removal of same.

Appears in 1 contract

Samples: Lease Agreement (CS Disco, Inc.)

Permitted Alterations. After the Commencement Date, Tenant shall not make or permit any Alterations in, on or about the Premises without the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned or delayed)Landlord. Notwithstanding the foregoing, in no event shall any Alterations (i) affect the exterior of the Building or the outside areas of the Property or the Building (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s 's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the PremisesPremises (collectively, "Design Problems"). All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s 's sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the provisions of Section 22.1 belowDate. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s 's Agents in the construction or installation of any Alterations permitted hereunder. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and shall not be deemed Tenant’s 's Personal Property; provided, however, that Landlord may, at its option and by notice delivered to Tenant at the time of Landlord’s approvaloption, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s 's expense, remove any or all non-structural Alterations installed by or on behalf of Tenant (including without limitation, telephone, data transmission, fiber-optic and other telecommunications cabling and related facilities) and return the Premises to its condition as of the Commencement DateDate of this Lease, normal wear and tear excepted. Notwithstanding any other provisions of this Lease to the contraryLease, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all Alterations made by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s written demand therefor from time to time. Notwithstanding anything to the contrary in this Section 8.1, Tenant, without Landlord’s consent, may make minor Alterations to the Premises which do not affect (except to the Building’s structure or operating systems and that do not cost more than $50,000.00 per project; provided however, Tenant shall provide notice no less than ten (10) business days’ notice extent part of such Alterations.Landlord's normal maintenance obligations with respect to the Premises). [SEE RIDER]

Appears in 1 contract

Samples: Office Lease (Noosh Inc)

Permitted Alterations. Tenant shall not make or permit any Alterations without the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned or delayed). Notwithstanding the foregoing, in no event shall any Alterations (i) affect the exterior of the Building or the outside areas of the Property or the Building (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s 's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s 's sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the provisions of Section 22.1 below. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s 's Agents in the construction or installation of any Alterations permitted hereunder. Tenant shall, if required by Landlord, obtain and pay for, at Tenant's own expense, a completion and indemnity bond covering such Alterations, the form and amount of which shall be subject to reasonable approval of Landlord. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and shall not be deemed Tenant’s 's Personal Property; provided, however, that Landlord may, at its option and by notice delivered upon Notice given to Tenant at the time of Landlord’s approval's consents to the Alteration, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s 's expense, remove any or all Alterations and return the Premises to its condition as of the Commencement Date, normal wear and tear excepted. Notwithstanding any other provisions of this Lease to the contrary, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all Alterations made by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s 's written demand therefor from time to time. Notwithstanding anything to the contrary in this Section 8.1, Tenant, without Landlord’s consent, may make minor Alterations to the Premises which do not affect the Building’s structure or operating systems and that do not cost more than $50,000.00 per project; provided however, Tenant shall provide notice no less than ten (10) business days’ notice of such Alterations.

Appears in 1 contract

Samples: Form Office Lease (8x8 Inc /De/)

Permitted Alterations. After the Commencement Date, Tenant shall not make or permit any Alterations in, on or about the Premises without the prior written consent of Landlord (Landlord, which consent shall not may be unreasonably withheld, conditioned or delayed)withheld in Landlord's sole and absolute discretion. Notwithstanding the foregoing, in no event Landlord shall not unreasonably withhold its consent to any Alterations not exceeding One Dollar $1.00) per square foot of the Building in aggregate cost over the Term and which do not (i) affect the exterior of the Building or the outside areas of the Property or the Building Outside Areas (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building, including, but not limited tolimited, the roof, (iii) require any change to the basic floor plan of the PremisesBuilding, any change to the structural or mechanical components of the PremisesBuilding, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s 's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s 's sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming confirming in quality and design with the Premises Building existing as of the Commencement Date and in accordance with the provisions of Section 22.1 belowDate. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s 's Agents in the construction or installation of any Alterations permitted hereunder. Tenant shall, if required by Landlord, obtain and pay for, at its own expense, a completion and indemnity bond covering such work, the form and amount of which shall be subject to the approval of Landlord. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and shall not be deemed Tenant’s 's Personal Property; provided, however, that Landlord may, at its option and by notice delivered to Tenant at the time of Landlord’s approvaloption, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s 's expense, remove any or all no-structural Alterations installed by or on behalf of Tenant and return the Premises to its condition as of the Commencement DateDate of this Lease, normal wear and tear excepted. Notwithstanding any other provisions of this Lease to the contraryLease, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all Alterations made by or for the benefit on behalf of Tenant (including, including without limitation, limitation by Landlord for the benefit on behalf of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s written demand therefor from time to time. Notwithstanding anything to the contrary in this Section 8.1, Tenant, without Landlord’s consent, may make minor Alterations to the Premises which do not affect the Building’s structure or operating systems and that do not cost more than $50,000.00 per project; provided however, Tenant shall provide notice no less than ten (10) business days’ notice of such AlterationsPremise.

Appears in 1 contract

Samples: Omnicell Com /Ca/

Permitted Alterations. Any and all improvements or alterations in, or additions, changes or installations to the Premises (an “Alteration”) performed by or on behalf of Tenant shall be governed by the terms of Sections 3.2(A), (B) and (C). This 3.2(A) does not apply to the Work subject to Exhibit E which shall be governed by provisions of Exhibit E. Tenant shall not make permit or permit cause any Alterations Alteration to be performed within or to the Premises without the first obtaining Landlord’s prior written consent of Landlord (consent, which consent shall not be unreasonably withheld, conditioned or delayed). Notwithstanding the foregoingdelayed so long as: (1) no Event of Default exists hereunder, in no event shall any (2) such Alterations (i) affect do not impact the structural components of the Premises or any improvements located at the Project, including but not limited to the foundation, bearing walls, structural steel, footings, roofs or any other exterior component or portion of the Building or the outside areas of the Property or the Building (or be visible from adjoining sites), (ii) affect or penetrate any of do not impact the structural portions of the Buildingair conditioning, including, but not limited to, the roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s access to any mechanicalventilation, electrical, plumbing plumbing, utility or HVAC systems, facilities or equipment mechanical systems of any improvements located in or serving at the Building, or (viii) diminish do not impact any other tenant’s premises and are not visible from the value outside of the Premises, (3) such Alterations are consistent with the quality and materials utilized in the initial build out of the Tenant space; (4) the cost of any such Alterations does not exceed $25,000 in any one instance or more than $50,000 in the aggregate in any consecutive twelve (12) month period; and (5) such Alterations are in full compliance with the Rules and Regulations and with the Governmental Regulations. Any Alteration not complying with the foregoing sentence shall not be performed without Landlord’s prior written consent, which may be withheld in Landlord’s sole and absolute discretion unless such Alteration is required by Section 1.4(C) of this Lease (in which event Landlord shall not withhold, condition or delay its consent unreasonably). Tenant agrees to pay to Landlord a fee equal to its actual “out of pocket” third party costs of its review of plans and specifications, inspection of work, and other activities regarding Alterations within twenty (20) business days after Tenant's receipt of invoices either from Landlord or such consultants. Tenant acknowledges that in no event shall Landlord’s approval of any Alterations or plans and specifications therefor be deemed to be Landlord’s warranty to Tenant that said Alterations or plans and specifications therefor are in compliance with the Governmental Regulations or are suitable for Tenant’s use of the Premises. All Alterations Tenant shall be constructed pursuant to plans and specifications previously provided to pay the entire cost of any Alteration permitted hereunder and, when applicable, approved in writing if requested by Landlord, shall be installed by a licensed contractor at provide Landlord with evidence reasonably satisfactory to it of Tenant’s sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with financial ability to pay the Premises existing as cost of the Commencement Date and in accordance with the provisions of Section 22.1 belowsuch Alteration. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s Agents in the construction or installation Upon completion of any Alterations permitted hereunder. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at its option and by notice delivered to Tenant at the time of Landlord’s approval, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s expense, remove any or all Alterations and return the Premises to its condition as of the Commencement Date, normal wear and tear excepted. Notwithstanding any other provisions of this Lease to the contraryAlteration, Tenant shall be solely responsible for the maintenance, repair promptly furnish Landlord with final sworn owner’s and replacement contractors’ statements and full and final waivers and releases of any lien covering all labor and all Alterations made by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall be responsible for the payment of any increase materials included in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s written demand therefor from time to time. Notwithstanding anything to the contrary in this Section 8.1, Tenant, without Landlord’s consent, may make minor Alterations to the Premises which do not affect the Building’s structure or operating systems and that do not cost more than $50,000.00 per project; provided however, Tenant shall provide notice no less than ten (10) business days’ notice of such AlterationsAlteration.

Appears in 1 contract

Samples: Lease Agreement (AntriaBio, Inc.)

Permitted Alterations. Tenant shall not make or permit any Alterations without the prior written consent of Landlord (Landlord, which consent shall not be unreasonably withheld, conditioned withheld or delayed)conditioned. Notwithstanding the foregoing, Landlord may withhold its consent in no event shall its sole discretion to any Alterations Alteration which would (i) affect the exterior of the Building or the outside areas of the Property or the Building (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. Landlord shall grant or deny its consent to Xxxxxx's proposed Alterations within thirty (30) days following receipt of plans and specifications (in a form reasonably acceptable to Landlord) and such other information as Landlord may reasonably request with respect to the subject Alteration. In the event that (a) Landlord shall fail to grant or deny its consent within such 30-day period, (b) Tenant shall deliver a second request for Landlord's consent (delivered following the expiration of such 30-day period), and (c) Landlord shall fail to grant or deny its consent within five (5) business days following receipt of such second request, Landlord's consent with respect to the subject Alteration shall be deemed granted. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the provisions of Section 22.1 below. In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building," as that term is defined below, then Landlord shall, at Tenant's expense, make such changes to the Base Building. The "Base Building" shall include the structural portions of the Building, and the public restrooms, elevators, exit stairwells and the systems and equipment located in the internal core of the Building on the floor or floors on which the Premises are located. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s Agents in the construction or installation of any Alterations permitted hereunder. Tenant shall, if required by Landlord, obtain and pay for, at Xxxxxx’s own expense, a completion and indemnity bond covering such Alterations, the form and amount of which shall be subject to approval of Landlord. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at its option and by notice delivered to Tenant at the time of Landlord’s approvaloption, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s expense, remove any or all Alterations and return the Premises to its condition as of the Commencement Date, normal wear and tear excepted. Notwithstanding any other provisions of this Lease to the contrary, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all Alterations made by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s written demand therefor from time to time. Notwithstanding anything to the contrary in this Section 8.1, Tenant, without Landlord’s consent, may make minor Alterations to the Premises which do not affect the Building’s structure or operating systems and that do not cost more than $50,000.00 per project; provided however, Tenant shall provide notice no less than ten (10) business days’ notice of such Alterations.

Appears in 1 contract

Samples: Standard Form Office Lease (Flitways Technology Inc.)

Permitted Alterations. After the Commencement Date, Tenant shall not make or permit any Alterations in, or about the Premises without the prior written consent of Landlord (which consent shall not be unreasonably withheld), except for the Work defined in the Workletter attached hereto as Exhibit "C", and Alterations not exceeding Five Thousand Dollars ($5,000.00) per occurrence. Notwithstanding the foregoing, without the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned or delayed). Notwithstanding the foregoing, in no event shall any Alterations (i) affect i)affect the exterior of the Building or the outside areas of the Property or the Building (or be visible from adjoining sites), (ii) affect ii)affect or penetrate any of the structural portions of the Building, Building including, but not limited to, the roof, (iii) require iii)require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s 's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish v)diminish the value of the Premises. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s 's sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the provisions of Section 22.1 belowDate. No Hazardous Materials, Materials including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s 's Agents in the construction or installation of any Alterations permitted hereunder. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and shall not be deemed Tenant’s 's Personal Property; provided, however, that except for the Work defined in the Workletter attached hereto as Exhibit "C", Landlord may, at its option and by notice delivered to Tenant at the time of Landlord’s approvaloption, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s 's expense, remove any or all nonstructural Alterations, except Alterations required by law, installed by or on behalf of Tenant and return the Premises to its condition as of the Commencement DateDate of this Lease, normal wear and tear excepted. Notwithstanding any other provisions of this Lease to the contraryLease, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all Alterations made by or for the benefit on behalf of Tenant (including, including without limitation, limitation by Landlord for the benefit on behalf of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s written demand therefor from time to time. Notwithstanding anything to the contrary in this Section 8.1, Tenant, without Landlord’s consent, may make minor Alterations to the Premises which do not affect the Building’s structure or operating systems and that do not cost more than $50,000.00 per project; provided however, Tenant shall provide notice no less than ten (10) business days’ notice of such AlterationsPremises.

Appears in 1 contract

Samples: Form Lease (Agouron Pharmaceuticals Inc)

Permitted Alterations. Any and all improvements or alterations in, or additions, changes or installations to the Premises subsequent to the completion of the Work (an “Alteration”) performed by or on behalf of Tenant shall be governed by the terms of Section 3.2(A), (B) and (C). Tenant shall not make or permit any Alterations Alteration to be performed within or to the Premises without the first obtaining Landlord’s prior written consent of Landlord (consent, which consent shall not be unreasonably withheld, conditioned or delayed). Notwithstanding delayed so long as: (1) no Event of Default exists hereunder, (2) the foregoing, in no event shall any Alterations Alteration (i) affect does not impact the exterior structural components of the Building Premises or any improvements located at the outside areas Project, including but not limited to the foundation, bearing walls, structural steel, footings, roofs or any other exterior component or portion of the Property Project or the Building (or be visible from adjoining sites), (ii) affect does not materially impact the air conditioning, ventilation, electrical, plumbing, utility or penetrate mechanical systems of any of improvements located at the structural portions of the Building, including, but not limited to, the roof, Project or (iii) require does not impact any change to other tenant’s premises and are not visible from the basic floor plan outside of the Premises, any change to (3) such Alterations are consistent with the structural or mechanical components quality and materials utilized in the initial build out of the Premises, or Tenant space; and (4) the cost of any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere such Alterations does not exceed $25,000 in any manner one instance or more than $100,000 in the aggregate in any consecutive twelve (12) month period. Any Alteration not complying with the proper functioning of or Landlord’s access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the provisions of Section 22.1 below. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s Agents in the construction or installation of any Alterations permitted hereunder. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and foregoing sentence shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at its option and by notice delivered to Tenant at the time of Landlord’s approval, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s expense, remove any or all Alterations and return the Premises to its condition as of the Commencement Date, normal wear and tear excepted. Notwithstanding any other provisions of this Lease to the contrary, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all Alterations made by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s written demand therefor from time to time. Notwithstanding anything to the contrary in this Section 8.1, Tenant, performed without Landlord’s consent, which may make minor Alterations be withheld in Landlord’s sole and absolute discretion unless such Alteration is required by Section 1.5(C) of this Lease. Tenant agrees to pay Landlord’s out-of-pocket costs for review of the Premises which do not affect plans and specifications for any Alteration and Landlord’s reasonable charge for supervision of any approved Alteration. Tenant shall pay the Buildingentire cost of any Alteration permitted hereunder and, if requested by Landlord, shall provide Landlord with evidence reasonably satisfactory to it of Tenant’s structure or operating systems and that do not financial ability to pay the cost more than $50,000.00 per project; provided howeverof such Alteration. Upon completion of any Alteration, Tenant shall provide notice no less than ten (10) business dayspromptly furnish Landlord with final sworn owner’s and contractorsnotice statements and full and final waivers of lien covering all labor and materials included in such AlterationsAlteration.

Appears in 1 contract

Samples: Lease Agreement (CHG Healthcare Services, Inc.)

Permitted Alterations. Tenant All Alterations approved in accordance with Article 10.1 shall not make or permit any Alterations without be performed under the prior written consent direction of Landlord (by a contractor approved by Landlord, but at Tenant’s sole cost, risk and expense pursuant to the provisions of this Article 10, and at such times and in such manner as Landlord may from time to time designate. Landlord shall have the right, but not the obligation, from time to time during the course of construction, to examine the Alterations for conformity with the approved plans and specifications and workmanship. Landlord shall have the further right, but not the obligation, at the end of the job, but prior to final acceptance of the work by Tenant, to again examine the Alterations for conformity with approved plans and specifications. Tenant acknowledges that both of these rights of examination are for the Landlord’s own purposes and that neither such right shall impose on Landlord, any liability for or obligation to discover defects or omissions in the Alterations. Any aspect of the work, which consent shall in Landlord’s sole judgment does not be unreasonably withheld, conditioned conform to the approved plans and specifications or delayed). Notwithstanding which as constructed has an adverse impact on the foregoing, in no event shall any Alterations (i) affect the exterior safety or security of the Building or the outside areas Building Systems, shall be corrected by Tenant at Tenant’s sole cost and expense. Tenant shall commence correction with ten (10) days of the Property or the Building (or be visible notice of such non-conforming construction from adjoining sites)Landlord to Tenant, (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premisesand pursue such correction diligently until completed. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved installed in writing by Landlord, shall be installed by a licensed contractor at Tenant’s sole expense in full compliance with all applicable laws, rules, orders, ordinances, codes and requirements of all governmental agencies having jurisdiction with respect thereto (“Applicable Laws”) and shall in no manner cause labor problems in the Building. Further, should the installation of any Alteration cause Landlord to be required, under any Applicable Law, to alter, modify, add, delete or in any manner change any system, structure or finish of the Building, such change shall be deemed an Alteration and subject to all requirements of this Article 10. The installation of any Alteration shall in no manner cause any labor dispute or problem. All applicable permits and authorizations shall be obtained before the commencement of any work requiring a permit or authorization. Tenant agrees to pay to Landlord, as Additional Rent, the cost of preparation of all plans and drawings, any consultation expenses which are incurred by Landlord in connection with its review, supervision, and approval of said Alterations, and cost of construction plus an administrative fee equal to ten percent (10%) of the total cost of each Alteration. Tenant shall give Landlord at least fifteen (15) days’ prior written notice before the commencement of any Alterations in order to give Landlord an opportunity to post and record such notices as Landlord deems appropriate to protect its interest in the Premises and Building. Tenant waives all rights to make repairs at Landlord’s expense under the provisions of Sections 1941 and 1942 of the Civil Code of California or any other law. In the event Landlord requires, Tenant shall provide Landlord with a commercially reasonable performance and/or completion bond for all Alterations. All Contractors used by Tenant to perform work in the Premises shall be bondable by reputable bonding companies, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the provisions of Section 22.1 below. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s Agents in the construction or installation of any Alterations permitted hereunder. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at its option and by notice delivered subject to Tenant at the time of Landlord’s prior reasonable approval, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s expense, remove any or all Alterations and return the Premises to its condition as of the Commencement Date, normal wear and tear excepted. Notwithstanding any other provisions of this Lease to the contrary, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all Alterations made by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s written demand therefor from time to time. Notwithstanding anything to the contrary in this Section 8.1, Tenant, without Landlord’s consent, may make minor Alterations to the Premises which do not affect the Building’s structure or operating systems and that do not cost more than $50,000.00 per project; provided however, Tenant shall provide notice no less than ten (10) business days’ notice of such Alterations.

Appears in 1 contract

Samples: Lease Agreement (Rentech Inc /Co/)

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Permitted Alterations. After the Commencement Date, Tenant shall not make or permit any Alterations in, on or about the Premises without the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned withheld or delayed), except for Alterations not exceeding One Dollar ($1.00) per square foot of the Premises in aggregate costs per year. Notwithstanding the foregoing, in without the prior written consent of Landlord. In no event shall any Alterations (i) affect the exterior of the Building or the outside areas of the Property or the Building (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s 's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premisespremises. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlordlandlord, shall be installed by a licensed contractor at Tenant’s 's sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the provisions of Section 22.1 belowDate. No Hazardous Materials, including, but not limited to, asbestos or asbestos-asbestos containing materials, shall be used by Tenant or Tenant’s 's Agents in the construction or installation of any Alterations permitted hereunder. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and shall not be deemed deem Tenant’s 's Personal Property; provided, however, that Landlord may, at its option and by notice delivered to Tenant at the time of Landlord’s approvaloption, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s 's expense, remove any or all non-structural Alterations installed by or on behalf of Tenant and return the Premises to its condition as of the Commencement DateDate of this Lease, normal wear and tear excepted. Notwithstanding any other provisions of this Lease to the contraryLease, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all Alterations made by or for the benefit on behalf of Tenant (including, including without limitation, limitation by Landlord for the benefit on behalf of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s written demand therefor from time to time. Notwithstanding anything to the contrary in this Section Premises. See Rider 8.1, Tenant, without Landlord’s consent, may make minor Alterations to the Premises which do not affect the Building’s structure or operating systems and that do not cost more than $50,000.00 per project; provided however, Tenant shall provide notice no less than ten (10) business days’ notice of such Alterations.

Appears in 1 contract

Samples: Cardima Inc

Permitted Alterations. Except as otherwise expressly set forth in --------------------- this Section 11.1, Tenant shall not at any time during the Term of this Lease make any material alteration, addition or permit improvement to the Premises or any Alterations Improvements located thereon without in each instance the prior written consent of Landlord. Landlord shall not unreasonably withhold or delay its consent to minor, non-structural alterations and improvements made by Tenant, provided such alterations do not affect the roof or electrical, plumbing HVAC or sewage systems of any building located on the Premises and the costs of any such alterations or improvements shall not exceed, in the aggregate, in any consecutive twelve (which consent 12) month period, $100,000. It shall not be unreasonably withhelddeemed unreasonable for Landlord to withhold its consent to a proposed alteration, conditioned addition or delayed). Notwithstanding the foregoingimprovement, if, in no event shall any Alterations (i) affect the exterior of the Building Landlord's good faith reasonable opinion, such proposed alteration, addition or the outside areas of the Property improvement would be likely to materially impair or the Building (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. All Notwithstanding anything contained in this Section 11.1 to the contrary, Tenant shall not be obligated to obtain Landlord's prior consent to the alterations and improvements (jointly and collectively, the "Permitted Alterations") listed on Exhibit H attached hereto, --------- as long as (i) except as hereinafter permitted, any such Permitted Alterations will not affect the structure, roof, or the electrical, heating, air conditioning, plumbing or sewage systems located in or serving the Building or any other portions of the Real Property; (ii) Tenant submits plans and specifications for the Permitted Alterations for Landlord's review, obtains necessary permits and insurance, and delivers to Landlord copies of all contracts and subcontracts, affidavits listing all contractors, subcontractors and suppliers, and requirements as to the manner and times in which the Permitted Alterations shall be constructed pursuant to plans done; (iii) the Permitted Alterations comply with any and specifications previously provided to andall reasonable requirements of Landlord's insurers, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s sole expense in compliance and with all Applicable Laws, ; and shall be accomplished (iv) the Permitted Alterations are performed in a good and workmanlike manner conforming and all material used are of a quality comparable to or better than those in quality and design with the Premises existing as of the Commencement Date and are in accordance with the provisions plans and specifications delivered to Landlord. Notwithstanding anything contained in clause (i) of this Section 22.1 below. No Hazardous Materials11.1, includingprovided that Tenant otherwise complies with the requirements set forth in this Section 11.1, but not limited tosuch Permitted Alterations may comprise alterations to the existing electrical and heating, asbestos or asbestosventilation, and air-containing materialsconditioning systems of the Building, shall be used so long as (x) such systems being altered by Tenant do not materially impair or Tenant’s Agents in diminish the construction or installation value of any Alterations permitted hereunder. All Alterations made by Tenant shall be the Premises, and become the property of Landlord (y) upon the construction end of the Term or installation thereof and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at its option and by notice delivered to Tenant at the time of Landlord’s approval, require that Tenant, upon the expiration or sooner earlier termination of this Lease, Tenant, at Tenant’s expenseLandlord's request, remove any or all Alterations and return the Premises restores such systems to its their condition as of the Commencement Date. Landlord's approval or right of approval, normal wear if any, of Tenant's plans and tear exceptedspecifications shall create no responsibility or liability on the part of Landlord and their agents for the completeness, design, sufficiency, or compliance with Laws of such plans and specifications. Notwithstanding any other provisions of this Lease If Landlord consents to our supervises the Permitted Alterations, consent or supervision shall not be deemed a warranty by Landlord or their agents as to the contraryadequacy of the workmanship or quality or materials, Tenant shall be solely responsible and Landlord hereby expressly disclaims any responsibility or liability for the maintenancesame. Landlord shall under no circumstances have any obligation to repair, repair and replacement maintain or replace any portion of any and all Alterations made by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s written demand therefor from time to time. Notwithstanding anything to the contrary in this Section 8.1, Tenant, without Landlord’s consent, may make minor Alterations to the Premises which do not affect the Building’s structure or operating systems and that do not cost more than $50,000.00 per project; provided however, Tenant shall provide notice no less than ten (10) business days’ notice of such Permitted Alterations.

Appears in 1 contract

Samples: Lease Agreement (Exodus Communications Inc)

Permitted Alterations. Tenant Sublessee shall not make or permit any Alterations in excess of $15,000 per event in, on or about the Premises without the prior written consent of Landlord (Sublessor, which consent shall not be unreasonably withheld, conditioned withheld or delayed). Notwithstanding the foregoing, in no the event shall any Alterations would (i) affect the exterior of the Building or the outside areas of the Property or the Building (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components portions of the Premises, or change any existing governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner material respect with the proper functioning of or Landlord’s Sublessor's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises, or (vi) occur outside the Premises, Sublessor shall use commercially reasonable efforts to determine a mutually agreeable solution or plan with Sublessee, but approval by Sublessor shall be at its sole and absolute discretion. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, and approved in writing by LandlordSublessor, which approval shall not be unreasonably withheld or delayed, and shall be installed by a licensed contractor at Tenant’s Sublessee's sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the provisions of Section 22.1 belowDate. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant Sublessee or Tenant’s Sublessee's Agents in the construction or installation of any Alterations permitted hereunderhereunder other than in compliance with Applicable Laws and with prior Notice to Sublessor. Alterations completed in a manner materially different than indicated by the plans and specifications approved by Sublessor or in violation of the foregoing shall be a default under this Sublease. All Alterations (other than Sublessee's Property) made by Tenant Sublessee shall be and become the property of Landlord Sublessor upon the construction or installation thereof and shall not be deemed Tenant’s Personal Propertythereof; provided, however, that Landlord Sublessor may, at its option and option, by notice delivered giving Notice to Tenant Sublessee at the time of Landlord’s approvalthe Alteration is approved by Sublessor, require that TenantSublessee, upon the expiration or sooner termination of this LeaseSublease, at Tenant’s Sublessee's expense, remove any or all non-structural Alterations installed by or on behalf of Sublessee and return the Premises to its condition as of the Commencement Dateprior to such Alteration, normal wear and tear excepted; provided however, at the end of the Term. Sublessee shall not be obligated to, and shall have the right to elect not to remove conduit, cabling and lines. Notwithstanding any other provisions of this Lease to the contrarySublease, Tenant Sublessee shall be solely responsible for the maintenance, repair and replacement of any and all Alterations made by or on behalf of Sublessee (including without limitation by Sublessor on behalf of Sublessee) to the Premises. Sublessee shall have the right to perform Alterations by selecting a general contractor, construction manager, subcontractors, architects and engineers of its choice, subject to Sublessor's reasonable approval. Sublessor shall not receive any profit from Sublessee's Alterations but Sublessee shall reimburse Sublessor reasonable costs incurred by Sublessor for consultants as Sublessor may reasonably require to review and evaluate Sublessee's proposed Alterations. Subject to Sublessor's reasonable restrictions for reasons such as, but not limited to, noise, dust, and access required by other tenants, Sublessee shall have the benefit of Tenant (includingright to perform Alterations at all times, without limitationand shall have reasonable access to loading docks, by Landlord for the benefit of Tenant)freight elevators and other Common Areas therefor. In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable Prior to commencing any Alterations, which payment Sublessee shall submit plans and specifications to Sublessor. If Sublessor fails to approve or disapprove the plans and specifications within five (5) business days after submission, the same shall be made deemed approved by Tenant to Landlord within ten (10) days following Landlord’s written demand therefor from time to timeSublessor. Notwithstanding anything to the contrary Approval by Sublessor of any Alterations shall not be construed as a representation that such Alterations are in this Section 8.1compliance with any applicable laws, Tenant, without Landlord’s consent, may make minor Alterations to the Premises which do not affect the Building’s structure building codes or operating systems and that do not cost more than $50,000.00 per project; provided however, Tenant shall provide notice no less than ten (10) business days’ notice of such Alterationsregulations.

Appears in 1 contract

Samples: Sublease (Inflow Inc)

Permitted Alterations. (a) Landlord agrees that Tenant may, at its own cost and expense and after giving Landlord at least thirty (30) Days' prior notice in writing of its intention to do so, from time to time during the Initial Term and all Extended Terms, make such alterations, additions, and changes to the interior of the Premises (except those of a structural nature or would affect the mechanical and/or electrical systems of the Common Area) as it may find necessary or convenient for its purposes, provided that the value of the Premises is not thereby diminished, that the same would not breach any of the terms of this Lease, and provided further that, except as hereinafter provided, Tenant shall not make any alterations, additions or permit any Alterations changes to the Premises without first delivering plans therefor to Landlord and procuring the prior written consent of Landlord to all such alterations, additions or changes, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Tenant may make any nonstructural interior alterations, additions or changes to the Premises as it may deem necessary or convenient for its purposes, the cost of which does not exceed Thirty Thousand Dollars ($30,000.00), provided that such alterations, additions or changes do not alter the appearance of the exterior of the Premises and do not adversely affect any utilities or other facilities serving the Premises. In no event shall Tenant erect any mezzanine or increase the size of same, if one be initially constructed, unless and until the written consent of Landlord shall first have been obtained (which consent shall not be unreasonably withheld, conditioned withheld or delayed). Notwithstanding the foregoingAll improvements, fixtures and/or equipment which Tenant may install or place in no event shall any Alterations (i) affect the exterior of the Building or the outside areas of the Property or the Building (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to the basic floor plan of about the Premises, any change and all alterations, repairs or changes to the structural or mechanical components of the Premises, and all signs installed in, on or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of about the Premises. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the provisions of Section 22.1 below. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s Agents in the construction or installation of any Alterations permitted hereunder. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at its option and by notice delivered to Tenant at the time of Landlord’s approval, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s expense, remove any or all Alterations and return the Premises to its condition as of the Commencement Date, normal wear and tear excepted. Notwithstanding any other provisions of this Lease to the contrary, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all Alterations made by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s written demand therefor from time to time. Notwithstanding anything to , shall be at the contrary in this Section 8.1, sole cost of Tenant, and Landlord shall be without Landlord’s consent, may make minor Alterations to the Premises which do not affect the Building’s structure or operating systems and that do not cost more than $50,000.00 per project; provided however, Tenant shall provide notice no less than ten (10) business days’ notice of such Alterationsany obligation in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Vicinity Corp)

Permitted Alterations. After the Commencement Date, Tenant shall not make or permit any Alterations in, on or about the Premises without the prior written consent of Landlord (which consent shall not be unreasonably withheld), conditioned or delayed)except for Alterations not exceeding One Dollar ($1.00) per square foot of the Premises in aggregate cost over the Term. Notwithstanding the foregoing, without the prior written consent of Landlord (which consent may be withheld in Landlord's sole and absolute discretion), in no event shall any Alterations (i) affect the exterior of the Building or the outside areas of the Property or the Building (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s 's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s 's sole expense in compliance with all Applicable Lawslaws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the provisions of Section 22.1 belowDate. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s 's Agents in the construction or installation of any Alterations permitted hereunder. Tenant shall, if required by Landlord, obtain and pay for, at its own expense, a completion and indemnity bond covering such work, the form and amount of which shall be subject to the approval of Landlord. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and shall not be deemed Tenant’s 's Personal Property; provided, however, that Landlord may, at its option and by notice delivered to Tenant at the time of Landlord’s approvaloption, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s 's expense, remove any or all non-structural Alterations installed by or on behalf of Tenant and return the Premises to its condition as of the Commencement DateDate of this Lease, normal wear and tear excepted. Notwithstanding any other provisions of this Lease to the contraryLease, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all Alterations made by or for the benefit on behalf of Tenant (including, including without limitation, limitation by Landlord for the benefit on behalf of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s written demand therefor from time to time. Notwithstanding anything to the contrary in this Section 8.1, Tenant, without Landlord’s consent, may make minor Alterations to the Premises which do not affect the Building’s structure or operating systems and that do not cost more than $50,000.00 per project; provided however, Tenant shall provide notice no less than ten (10) business days’ notice of such AlterationsPremises.

Appears in 1 contract

Samples: Lease Guaranty Agreement (Craig Jenny Inc /De)

Permitted Alterations. Tenant shall not have the right to make Alterations in, on or permit any Alterations about the Premises without the prior written consent of Landlord (which consent shall Landlord, as long as such Alterations do not be unreasonably withheld, conditioned or delayed). Notwithstanding the foregoing, in no event shall any Alterations (i) affect the exterior of the Building or the outside areas of the Property or the Building (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, including the roof, : (iiiii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, Building; (iviii) interfere in any manner with the proper functioning of or Landlord’s 's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (viv) diminish the value cost in excess of the Premises$25,000 for any single Alteration or in excess of $100,000 in any calendar year when considered together with all prior Alterations made during such year. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s 's sole expense in compliance with all Applicable Laws, Laws and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises Building existing as of the Commencement Date and in accordance with the provisions of Section 22.1 below. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s Agents in the construction or installation of any Alterations permitted hereunderDate. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and shall not be deemed Tenant’s 's Personal Property; provided, however, that Landlord may, at its option and by notice delivered to Tenant given at the time of Landlord’s approvalLandlord consents to the particular Alteration, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s 's expense, remove any or all non-structural Alterations installed by or on behalf of Tenant and return the repair any damage to Premises to its condition caused by such removal. Except as of the Commencement Date, normal wear and tear excepted. Notwithstanding any other provisions of otherwise provided for in this Lease to the contraryLease, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all Alterations made by or for the benefit on behalf of Tenant (including, without limitation, including by Landlord for the benefit on behalf of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s written demand therefor from time to time. Notwithstanding anything to the contrary in this Section 8.1, Tenant, without Landlord’s consent, may make minor Alterations to the Premises which do not affect the Building’s structure or operating systems and that do not cost more than $50,000.00 per project; provided however, Tenant shall provide notice no less than ten (10) business days’ notice of such AlterationsPremises.

Appears in 1 contract

Samples: Surebeam Corp

Permitted Alterations. Tenant shall have the right at any time, at its own cost, to make such repairs, decorations, alterations, changes, substitutions, replacements, additions and/or improvements in, on and to the Premises, which Tenant may deem necessary or desirable (collectively, the “Improvements’“). Landlord’s approval shall not make be required for any Improvements to the interior of the Building. Subject to Section 6.1 hereof. Landlord’s approval shall be required for any Improvements affecting the exterior of the Building, provided that, such approval shall not be unreasonably withheld, delayed or permit any Alterations without conditioned. Tenant shall be permitted to construct additions to the prior written consent of Landlord (Building with the Landlord’s consent, which consent shall not be unreasonably withheld, conditioned delayed or delayed)conditioned. Notwithstanding the foregoing, in no event Tenant shall any Alterations (i) affect the exterior of be permitted to demolish the Building or the outside areas of the Property or and construct a new building (which shall be deemed to be the Building (or be visible from adjoining sites), (iifor all purposes hereunder) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner only with the proper functioning of or Landlord’s access to any mechanicalprior written consent, electrical, plumbing or HVAC systems, facilities or equipment located which consent may be withheld in or serving Landlord’s sole and absolute discretion. In the Building, or (v) diminish the value event Landlord does not approve of the Premises. All Alterations shall be constructed pursuant to Tenant’s plans and specifications previously provided for any Improvement under this Section 6.4.1, it shall provide detailed written reasons for such disapproval, and Tenant shall resubmit the plans and specifications to andLandlord, when applicableand the process shall be repeated until the plans and specifications have been approved, approved in writing or deemed approved, by Landlord, shall be installed by a licensed contractor at Tenant’s sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the provisions of Section 22.1 below. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s Agents in the construction or installation of any Alterations permitted hereunder. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and shall not be deemed Tenant’s Personal Property; provided, however, that however Landlord may, at its option and by notice delivered to Tenant at the time of Landlord’s approval, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s expense, remove any or all Alterations and return the Premises to its condition as of the Commencement Date, normal wear and tear excepted. Notwithstanding any other provisions of this Lease shall be precluded from making additional comments to the contrary, Tenant shall be solely responsible for the maintenance, repair plans and replacement of any specifications after its initial review and all Alterations made by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s written demand therefor from time to timecomment. Notwithstanding anything to the contrary in this Section 8.1the foregoing, in the event that Landlord fails to approve Tenant’s plans for Tenant’s initial improvements to be completed prior to Tenant’s commencing business, without Landlord’s consent, may make minor Alterations Landlord and Tenant shall attempt to resolve any dispute or disagreement relating thereto in good faith. In the event that Landlord and Tenant are unable to resolve such dispute to the Premises which do not affect the Building’s structure or operating systems and that do not cost more than $50,000.00 per project; provided howeversatisfaction of Tenant, Tenant shall provide have the option to terminate this Lease upon prior written notice no less than ten (10) business days’ notice to Landlord. Landlord hereby consents to Tenant’s construction of such Alterationsthe initial Improvements as further described on Exhibit E hereto and incorporated herein.

Appears in 1 contract

Samples: Ground Lease (Voltari Corp)

Permitted Alterations. Tenant shall not make or permit any Alterations without the Without Landlord’s prior written consent of Landlord (consent, which consent shall not be unreasonably withheld, conditioned Tenant shall not make any Capital Alterations or delayedMaterial Alterations. Tenant may, without Landlord’s consent, make any other Alterations provided the same (a) do not decrease the value of the applicable Facility, (b) do not adversely affect the exterior appearance of such Facility and (c) are consistent in terms of style, quality and workmanship to the original Leased Improvements and Fixtures of such Facility, and provided further that the same are constructed and performed in accordance with the following: 7.4.1 Such construction shall not commence until Tenant shall have procured and paid for all municipal and other governmental permits and authorizations required therefor (as well as any permits or approvals required in connection with any Permitted Encumbrance of such Facility); provided, however, that any Plans and Specifications required to be filed in connection with any such permits or authorizations that require the approval of Landlord shall have been so approved by Landlord. Notwithstanding 7.4.2 During and following completion of such construction, the foregoing, parking that is located on the Land of such Facility shall remain adequate for the operation of such Facility for its Primary Intended Use and in no event shall such parking be less than what is required by any Alterations (i) affect the exterior of the Building applicable Legal Requirements or the outside areas of the Property or the Building (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change was located on such Land prior to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the such construction. 7.4.3 All work done in connection with such construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. All Alterations shall be constructed pursuant to plans done promptly and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in using materials of appropriate grade and quality and design consistent with the Premises existing as materials and in conformity with all Legal Requirements and any Plans and Specifications. 7.4.4 If, by reason of the Commencement Date and in accordance with the provisions of Section 22.1 below. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s Agents in the construction or installation of any Alteration, a new or revised certificate of occupancy for any component of such Facility is required, Tenant shall obtain such certificate in compliance with all applicable Legal Requirements and furnish a copy of the same to Landlord promptly upon receipt thereof. 7.4.5 Upon completion of any Alteration, Tenant shall promptly deliver to Landlord final lien waivers from each and every general contractor and, with respect to Alterations permitted hereundercosting in excess of $10,000, each and every subcontractor that provided goods or services costing in excess of $10,000 in connection with such Alterations indicating that such contractor or subcontractor has been paid in full for such goods or services, together with such other evidence as Landlord may reasonably require to satisfy Landlord that no liens have been or may be created in connection with such Alteration. All Alterations 7.4.6 Each and every Alteration, renovation or improvement made by Tenant under this Section 7.4 (or Section 7.5) shall be and immediately become a part of the property of Landlord upon the construction or installation thereof Premises and shall not be deemed Tenant’s Personal Property; provided, however, that belong to Landlord may, at its option subject to the terms and by notice delivered to Tenant at the time of Landlord’s approval, require that Tenant, upon the expiration or sooner termination conditions of this Lease, at Tenant’s expense, remove any or all Alterations and return the Premises to its condition as of the Commencement Date, normal wear and tear excepted. Notwithstanding any other provisions of this Lease to the contrary, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all Alterations made by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s written demand therefor from time to time. Notwithstanding anything to the contrary in this Section 8.1, Tenant, without Landlord’s consent, may make minor Alterations to the Premises which do not affect the Building’s structure or operating systems and that do not cost more than $50,000.00 per project; provided however, Tenant shall provide notice no less than ten (10) business days’ notice of such Alterations.7.5

Appears in 1 contract

Samples: Master Lease

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