Common use of Procedural Requirements Clause in Contracts

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 above) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a) through (d) and (f). After obtaining Landlord’s approval to the Alterations, Tenant shall give Landlord at least five days’ prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 3 contracts

Samples: Zars Inc/Ut, Liquidity Services Inc, Liquidity Services Inc

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Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”"ALTERATIONS"), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s 's consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning ("HVAC"), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s 's consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s 's expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s 's written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section SECTION 10.2.1 above) and workers' compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section SECTION 10.2.1(a) through (d) and (f). After obtaining Landlord’s 's approval to the Alterations, Tenant shall give Landlord at least five days' prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section SECTION 11.1, Landlord’s 's consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 3 contracts

Samples: Build a Bear Workshop Inc, Research Inc /Mn/, Build a Bear Workshop Inc

Procedural Requirements. After Rent Commencement Date, Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as "Alterations"), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s 's consent to Alterations shall not be unreasonably withheldwithheld or delayed, provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-air conditioning ("HVAC"), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s 's consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s 's expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s 's written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 above) and workers' compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a10.2.l(a) through (d) and (ft). After obtaining Landlord’s 's approval to the Alterations, Tenant shall give Landlord at least five days' prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s 's consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 25,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 100,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon construction thereof and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 2 contracts

Samples: Griffin Capital Essential Asset REIT II, Inc., Griffin Capital Essential Asset REIT II, Inc.

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”"ALTERATIONS"), provided that Tenant first obtains the written consent of Landlord in each instanceinstance WHERE ALTERATIONS EXCEED $5,000.00 OR IF ALTERATIONS ARE ATTACHED TO EXTERIOR WALL, OR AFFECT THE ROOF OR ANY STRUCTURAL COMPONENT OF THE BUILDING. Landlord’s 's consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning ("HVAC"), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall agree that such Alterations shall, at the option of the Landlord (SUCH DECISION TO BE MADE BY LANDLORD AT TIME OF CONSENT OF ALTERATION), become the property of the Landlord upon the Expiration Date and shall be surrendered with the Premises as a part thereof, or shall be removed at Tenant's expense; and (h)Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s 's consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s 's expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s 's written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 SECTION 10.1.1 above) and workers' compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(aSECTION 10.1.1(A) through (dD) and AND (fF). After obtaining Landlord’s 's approval to the Alterations, Tenant shall give Landlord at least five days' prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 2 contracts

Samples: Asset Acceptance Capital Corp, Asset Acceptance Capital Corp

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 above) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a) through (d) and (f). After obtaining Landlord’s approval to the Alterations, Tenant shall give Landlord at least five days’ prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 25,000.00 or less in any one instance (up to a an maximum aggregate of or $25,000.00 100,000 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits from third parties necessary for the commencement and prosecution of such Alterations. Notwithstanding anything to the contrary contained in this Section 11.1, the dollar amounts set forth above shall apply only to the cost of the alterations to or improvements of the Premises and shall not apply to the value or cost of the equipment Tenant elects to use or install at that Premises.

Appears in 2 contracts

Samples: Assignment and Assumption of Lease (Wornick CO Right Away Division, L.P.), Assignment and Assumption of Lease (TWC Holding Corp.)

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”"ALTERATIONS"), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s 's consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (( c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning ("HVAC"), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s 's consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s 's expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s 's written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 SECTION 10.2(i) above) and workers' compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(aSECTION 10.2(a) through (d) and (f) through (i). After obtaining Landlord’s 's approval to the Alterations, Tenant shall give Landlord at least five days' prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.Premises~

Appears in 2 contracts

Samples: Natural Golf Corp, Natural Golf Corp

Procedural Requirements. Tenant may, from time to time, at its ----------------------- expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as "Alterations"), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s 's consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property Premises shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning ("HVAC"), sanitary and other service systems of the Property Premises shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, coverage reasonably satisfactory to Landlord, Landlord regarding the performance and installation of the Alterations; (fe) the Alterations shall conform with all other requirements of this Lease; and (gf) Tenant shall have provided Landlord with reasonably detailed plans (the "Plans") for such Alterations in advance of requesting Landlord’s 's consent. Additionally, after obtaining Landlord's preliminary consent to the Plans, but before proceeding with any Alterations, Tenant shall (i) shall, at Tenant’s its expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) Alterations and shall submit to Agent, for Landlord’s 's written approval, working drawings, plans and specifications specifications, and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 above) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a) through (d) and (f). After obtaining Landlord’s 's approval to the Alterations, Tenant shall give Landlord at least five days’ twenty 920) days prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 1 contract

Samples: Lasermaster Technologies Inc

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as "Alterations"), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s 's consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Premises and Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning (HVAC), sanitary and other service systems of the Premises and Property shall not be affected and the usage of or demand made upon such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall have provided Landlord with reasonably detailed plans and specifications for such Alterations in advance of requesting Landlord’s 's consent; and (h) Landlord shall have the right to require Tenant to remove such Alterations on or before the Expiration Date, and to restore the Premises, at Tenant's sole cost and expense. Landlord shall make such election at the time it gives its consent to such Alterations or Improvements to Tenant. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s 's expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to AgentLandlord, for Landlord’s 's written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 10.2(i) above) and workers' compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a) through (d) and (f)10.2. After obtaining Landlord’s 's approval to the Alterations, Tenant shall give Landlord at least five days' prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 1 contract

Samples: Classica Group Inc

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”"ALTERATIONS"), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s 's consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property Building shall not be affected; (b) the Alterations are to the interior of the PremisesBuilding; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning ("HVAC"), sanitary and other service systems of the Property Premises shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (fe) the Alterations shall conform with all other requirements of this Lease; and (gf) Tenant shall have provided Landlord with reasonably detailed plans (the "PLANS") for such Alterations in advance of requesting Landlord’s 's consent. Notwithstanding anything to the contrary contained in this SECTION 11.1, Landlord's consent shall not be required for Alterations satisfying clauses (a) through (e) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term). Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s 's expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s 's written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 aboveSECTION 10.2(i)) and workers’ workers compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(aSECTION 10.2(a) through (d) and SECTION 10.2(f) through (fi). After obtaining Landlord’s 's approval to the Alterations, Tenant shall give Landlord at least five days' prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 1 contract

Samples: Protarga Inc

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations such alterations, additions, or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”)) in and to the Premises as Tenant may reasonably consider necessary for the conduct of its business in the Premises; provided, provided however, that Tenant first obtains the written consent of the Landlord in each instanceis first obtained. Landlord’s consent to Alterations shall not be unreasonably withheldwithheld to Alterations, provided that: (a) the exterior of the Building shall not be affected; (b) the Alterations are non-structural and the structural integrity of the Property Building shall not be affected; (bc) the Alterations are to the interior of the PremisesPremises and no part of the Building (including the roof) outside of the Premises shall be affected; (cd) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Property Building shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, coverage reasonably satisfactory to Landlord, Landlord regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements do not require the issuance of this Lease; a building permit and (g) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, Landlord for Landlord’s written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations work until it Tenant has received said approval; . Tenant shall obtain and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates (if so requested) either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in the state in which the Project is located) each in an amount equal to one hundred twenty-five percent (125%) of insurance (the estimated cost of the Alterations and in a form reasonably acceptable satisfactory to Landlord, or (ii) evidencing policies of commercial general liability insurance (providing the same coverages such other security as required in Section 10.2.1 above) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a) through (d) and (f). After obtaining be reasonably satisfactory to Landlord’s approval to the Alterations, Tenant shall give Landlord at least five days’ prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 1 contract

Samples: Office Building Lease (Flexpoint Sensor Systems Inc)

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are arc non-structural and the structural integrity of the Property Building shall not be affected; (b) the Alterations are to the interior of the PremisesBuilding; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Property Premises shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (fe) the Alterations shall conform with all other requirements of this Lease; and (gf) Tenant shall have provided Landlord with reasonably detailed plans (the “Plans”) for such Alterations in of advance of requesting Landlord’s consent. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (e) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term). Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as at required in Section 10.2.1 above10.2(i)) and workers’ workers compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a10.2(a) through (d) and Section 10.2(f) through (fi). After obtaining Landlord’s approval to the Alterations, Tenant shall give Landlord at least five days’ prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 1 contract

Samples: Bway Corp

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as "Alterations"), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s 's consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning ("HVAC"), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increasedaffected; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this LeaseLease including compliance with the Americans with Disabilities Act; and (g) Tenant shall have provided Landlord with reasonably detailed plans (the "Plans") for such Alterations in advance of requesting Landlord’s 's consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s 's expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s 's written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates Certificates of insurance Insurance (in a form reasonably acceptable to Landlordon the so-called "XXXXX" Form 27) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 10.2(ii) above) and workers’ workers compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a) through (d) and (f)10.2. After obtaining Landlord’s 's approval to the Alterations, Tenant shall give Landlord at least five (5) days' prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of commencement of construction, non-responsibility or the like, at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 1 contract

Samples: Acceptance Agreement (Datalink Corp)

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”), provided that Tenant first obtains the written consent of Landlord in each instance, except that no consent shall be required if the proposed Alterations are nonstructural Alterations of a purely decorative or cosmetic nature that do not require a building permit and cost less than $75,000.00. Landlord’s consent to Alterations shall not be unreasonably withheld, conditioned or delayed provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-air- conditioning (“HVAC”), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increasedadversely affected; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this LeaseLease including compliance with the Americans with Disabilities Act; and (g) Tenant shall have provided Landlord with reasonably detailed plans (the “Plans”) for such Alterations in advance of requesting Landlord’s consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; . Tenant shall reimburse Landlord for all out-of-pocket costs reasonably incurred by Landlord in reviewing Tenant’s plans and (iii) cause those contractorsspecifications for Alterations, materialmen and suppliers engaged not to perform exceed $2,000.00 for the Alterations to deliver to proposed at any one time, except that Landlord certificates shall impose no charge for review of insurance (plans in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 above) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a) through (d) and (f)connection with Tenant’s initial work. After obtaining Landlord’s approval to the Alterations, Tenant shall give Landlord at least five (5) days’ prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of commencement of construction, non-responsibility or the like, at the Premises. Notwithstanding anything Landlord shall provide Tenant with a consent or detailed statement withholding such consent within ten (10) business days of receipt of Tenant’s request therefore. In the event Tenant does not receive a writing consenting to such Alterations or withholding such consent within such ten (10) day period, Landlord shall be deemed to have consented to Tenant’s request. Landlord shall have three (3) business days to respond to any subsequent requests for consent based upon a prior communication received by Tenant from Landlord with respect to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such same Alterations.

Appears in 1 contract

Samples: Acceptance Agreement (Qumu Corp)

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as "Alterations"), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s 's consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning ("HVAC"), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall have provided Landlord with reasonably detailed plans (the "Plans") for such Alterations in advance of requesting Landlord’s 's consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s 's expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s 's written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlordon the so-called "XXXXX" Form 27) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 10.2(i) above) and workers’ workers compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a10.2(a) through (d), (f), (g) and (fh). After obtaining Landlord’s 's approval to the Alterations, Tenant shall give Landlord at least five (5) days' prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 1 contract

Samples: Intest Corp

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s consent to Alterations shall not be unreasonably withheld, conditioned or delayed, provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no significant adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 above) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a) through (d) and (f). After obtaining Landlord’s approval to the Alterations, Tenant shall give Landlord at least five days’ prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 25,000 or less in any one instance (up to a maximum aggregate of $25,000.00 50,000 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon construction thereof and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations. Tenant shall be required to remove all Alterations from the Premises at the end of the Term, unless prior to making any Alteration, Tenant requests from Landlord permission to allow such Alteration to remain in the Premises at the end of the Term and Landlord consents in writing to allow such Alteration to remain in the Premises at the end of the Term.

Appears in 1 contract

Samples: Datalink Corp

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”), provided that Tenant first obtains the written consent of Landlord in each instance. Notwithstanding the foregoing, Tenant shall be permitted without Landlord’s consent to make Alterations which do not materially affect the HVAC or which do not affect roof, structure or exterior, the cost of which does not exceed $25,000.00. Landlord’s consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s consent. Additionally, before Before proceeding with any Alterations, Tenant shall (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 above10.1.1) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a) through (d) Sections 10.1.1, 10.1.2, 10.1.3, 10.1.4 and (f)10.1.6. After obtaining Landlord’s approval Landlord shall advise Tenant at the time it consents to the Alterations, any Alteration whether Tenant shall give Landlord at least five days’ prior written notice be required to remove the Alterations upon the expiration of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such AlterationsLease.

Appears in 1 contract

Samples: M Wave Inc

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as "Alterations"), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s 's consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (( c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning ("HVAC"), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s 's consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s 's expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s 's written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 10.2(i) above) and workers' compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a10.2(a) through (d) and (f) through (i). After obtaining Landlord’s 's approval to the Alterations, Tenant shall give Landlord at least five days' prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.Premises~

Appears in 1 contract

Samples: Wentworth Ii Inc

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations such alterations, additions, or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”)) in and to the Premises, provided excluding any initial leasehold improvements which shall be governed by the provisions of Exhibit B, as Tenant may reasonably consider necessary for the conduct of its business in the Premises; provided, however, that Tenant first obtains the written consent of the Landlord in each instanceis first obtained. Landlord’s consent to Alterations shall not be unreasonably withheldwithheld to Alterations, provided that: (a) the exterior of the Building shall not be affected; (b) the Alterations are non-structural and the structural integrity of the Property Building shall not be affected; (bc) the Alterations are to the interior of the PremisesPremises and no part of the Building (including the roof) outside of the Premises shall be affected; (cd) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Property Building shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, coverage reasonably satisfactory to Landlord, Landlord regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements do not require the issuance of this Lease; a building permit and (g) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, Landlord for Landlord’s written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations work until it Tenant has received said approval; approval (which Landlord shall either give or deny within thirty (30) days of receipt of Tenant’s plans and (iii) cause those contractors, materialmen specifications). Tenant shall obtain and suppliers engaged to perform the Alterations to deliver to Landlord certificates (if so requested) either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in the state in which the Project is located) each in an amount equal to one hundred twenty-five percent (125%) of insurance (the estimated cost of the Alterations and in a form reasonably acceptable satisfactory to Landlord, or (ii) evidencing policies of commercial general liability insurance (providing the same coverages such other security as required in Section 10.2.1 above) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a) through (d) and (f). After obtaining be reasonably satisfactory to Landlord’s approval to the Alterations, Tenant shall give Landlord at least five days’ prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 1 contract

Samples: Lease (Drugstore Com Inc)

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as "Alterations"), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s 's consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning ("HVAC"), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increasedaffected; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this LeaseLease including compliance with the Americans with Disabilities Act; and (g) Tenant shall have provided Landlord with reasonably detailed plans (the "Plans") for such Alterations in advance of requesting Landlord’s 's consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s 's expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s 's written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates Certificates of insurance Insurance (in a form reasonably acceptable to Landlordon the so-called "XXXXX" Form 27) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 SECTION 10.2(ii) above) and workers’ workers compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a) through (d) and (f)SECTION 10.2. After obtaining Landlord’s 's approval to the Alterations, Tenant shall give Landlord at least five (5) days' prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of commencement of construction, non-responsibility or the like, at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 1 contract

Samples: Acceptance Agreement (Datalink Corp)

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as "Alterations"), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s 's consent to Alterations shall not be unreasonably reasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Premises and Property shall not be affected; (b) the Alterations are to the interior of the Premises; : (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning ("HVAC"), sanitary and other service systems system of the Premises and Property shall not be affected and the usage of Page 17 or demand made upon such systems by Tenant shall not be increased; : (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory satis- factory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall have provided Landlord with reasonably detailed plans and specifications for such Alterations in advance of requesting re- questing Landlord’s 's consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s 's expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to AgentLandlord, for Landlord’s 's written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen material- men and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 10.2(i) above) and workers' compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a10.2(a) through (d) and (f) through (i). After obtaining Landlord’s Xxxxxxxx's approval to the Alterations, Tenant shall give Landlord at least five days' prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.11.2

Appears in 1 contract

Samples: Lease Agreement (Instructivision Inc)

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as "Alterations"), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s 's consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning ("HVAC"), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not may be increasedincreased so long as such increased usage is within rated capacities of said systems; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall have provided Landlord with reasonably detailed plans (the "Plans") for such Alterations in advance of requesting Landlord’s 's consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s 's expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s 's written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Rider 7A In the event any Hazardous Materials or asbestos containing materials are discovered in the Building during the term of this Lease and are determined to have been present in the Building on the Preliminary Commencement Date, at the request of or with the consent of Tenant, Landlord shall be solely responsible to complete at Landlord's sole cost and expense, any abatement, removal, and/or remediation work ("Remediation Work") which may be required by any governmental entity and Landlord shall be solely responsible for any fines or penalties in connection therewith. Landlord shall indemnify and hold harmless Tenant from and against any claim, action, cost or loss resulting from Landlord's breach of this Section 9.2. If said Hazardous Materials or asbestos containing materials are discovered during the Preliminary Term and their removal causes a material delay in Tenant's construction of the Premises, then the Commencement Date shall be delayed by the number of days it takes Landlord to remove the Hazardous Materials or asbestos containing materials. Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 above10.2(i)) and workers’ workers compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a10.2(a) through (d), (f), (g), (h) and (fi). After obtaining Landlord’s 's approval to the Alterations, Tenant shall give Landlord at least five days' prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.See Rider 8A)

Appears in 1 contract

Samples: Lease Agreement (MRS Fields Financing Co Inc)

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Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Property shall not be adversely affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 above) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a) through (d) and (f). After obtaining Landlord’s approval to the Alterations, Tenant shall give Landlord at least five days’ prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 15,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 50,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 1 contract

Samples: Makemusic Inc

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall have provided Landlord with reasonably detailed plans (the “Alteration Plans”) for such Alterations in advance of requesting Landlord’s consent. Notwithstanding the foregoing, Tenant, at its cost and expense, may make non-structural Alterations to the interior of the Premises if: (i) the cumulative cost of making such alterations or improvements is less than $25,000; (ii) Tenant delivers to Landlord written notice describing the proposed Alterations with particularity, and provides to Landlord copies of any plans and specifications for the Alterations; and (iii) on the Termination Date, Tenant surrenders the part of the Premises altered or improved in as good a condition as on the date that Tenant accepts the Premises. Tenant shall deliver to Landlord a report of all non-structural Alterations to the interior of the Premises over $10,000 but below $25,000. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Landlord or Agent, for Landlord’s written approvalapproval where required, working drawings, plans and specifications drawings of the Alteration Plans and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 above10.2(i)) and workers’ workers compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a10.2(a) through (d), (f), (g), (h) and (fi). After obtaining Landlord’s approval to the Alterations, Tenant shall give Landlord at least five days’ prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 1 contract

Samples: Magnetek, Inc.

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as "Alterations"), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s 's consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property Premises shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning ("HVAC"), sanitary and other service systems of the Property Premises shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, coverage reasonably satisfactory to Landlord, Landlord regarding the performance and installation of the Alterations; (fe) the Alterations shall conform with all other requirements of this Lease; and (gf) if such alterations cost in excess of $10,000 Tenant shall have provided Landlord with reasonably detailed plans (the "Plans") for such Alterations in advance of requesting Landlord’s 's consent. Additionally, if such alterations cost in excess of $10,000 after obtaining Landlord's preliminary consent to the Plans, but before proceeding with any Alterations, Tenant shall (i) shall, at Tenant’s its expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) Alterations and shall submit to Agent, for Landlord’s 's written approval, working drawings, plans and specifications specifications, and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; approval which consent shall not be unreasonably withheld. If such alterations cost in excess of $10,000 Tenant shall obtain and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance Agent (if so requested) either (i) a performance bond and a labor and materials payment bond in a form reasonably acceptable satisfactory to Landlord, each in an amount equal to one hundred fifteen percent (115%) evidencing policies of commercial general liability insurance the estimated cost of the Alterations, or (providing the same coverages ii) such other security as required in Section 10.2.1 above) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a) through (d) and (f)be reasonably satisfactory to Landlord. After obtaining Landlord’s 's approval to the Alterations, Tenant shall give Landlord at least five days’ twenty (20) days prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything the foregoing, Tenant shall have the right to the contrary contained in this Section 11.1, make alterations costing less than $10,000 without obtaining Landlord’s 's consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterationsbut notice is required.

Appears in 1 contract

Samples: Sparta Foods Inc

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations such alterations, additions, or improvements in and to the Premises (hereinafter collectively referred to as "Alterations”)") in and to the Premises as Tenant may reasonably consider necessary for the conduct of its business in the Premises; provided, provided however, that Tenant first obtains the written consent of the Landlord in each instanceis first obtained with respect to any Alteration, the cost of which exceeds $50,000. Landlord’s 's consent to Alterations shall not be unreasonably withheldrequired for Alterations, the cost of which are less than or equal to $50,000; provided that: (a) the exterior of the Building shall not be affected; (b) the Alterations are non-structural and the structural integrity of the Property Building shall not be affected; (bc) the Alterations are to the interior of the PremisesPremises and no part of the Building (including the roof) outside of the Premises shall be affected; (cd) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Property Building shall not be affected and the usage of such systems by Tenant shall not be increased; (de) the contractor performing the Alterations have no adverse effect on other leased premises in carries Commercial General Liability, Auto liability, Worker's Compensation and Employer's Liability insurance satisfying industry standardsand requirements for such contractor related to the Property; (e) Tenant shall have appropriate nature of the services being provided, as evidenced by a certificate of insurance coverage, reasonably satisfactory provided to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements do not require the issuance of this Lease; a building permit and (g) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, Landlord for Landlord’s written 's approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations work until it Tenant has received said approval; . Tenant shall obtain and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates (if so requested) either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in the state in which the Project is located) each in an amount equal to one hundred twenty-five percent (125%) of insurance (the estimated cost of the Alterations and in a form reasonably acceptable satisfactory to Landlord, or (ii) evidencing policies of commercial general liability insurance (providing the same coverages such other security as required shall be reasonably satisfactory to Landlord: provided, that Landlord shall consider Tenant’s reputation and financial capabilities in Section 10.2.1 above) and workers’ compensation insurancedetermining what is reasonable hereunder. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a) through (d) and (f). After obtaining Landlord’s approval to the Alterations, Tenant shall give Landlord at least five days’ prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.12.2

Appears in 1 contract

Samples: Pfsweb Inc

Procedural Requirements. Tenant may, from time to time, at its ------------------------ expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”"ALTERATIONS"), provided PROVIDED that Tenant first obtains the written consent of Landlord in each instance. Landlord’s 's consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning ("HVAC"), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, coverage reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s 's consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s 's expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s 's written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section SECTION 10.2.1 above) and workers' compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(aSECTION 10.2.1(A) through (d) and (f). After obtaining Landlord’s 's approval to the Alterations, Tenant shall give Landlord at least five days' prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 1 contract

Samples: Data Call Technologies

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; (g) Tenant shall agree that such Alterations shall, at the option of the Landlord, become the property of the Landlord upon the Expiration Date and shall be surrendered with the Premises as a part thereof, or shall be removed at Tenant’s expense, provided Landlord gives written notice that it will require removal prior to installation; and (gh) Tenant shall have provided Landlord with reasonably detailed plans (the “Plans”) for such Alterations in advance of requesting Landlord’s consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 abovereasonably acceptable to Landlord) and workers’ workers compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a10.2(a) through (d), (f), (g), (h) and (fi). After obtaining Landlord’s approval to the Alterations, Tenant shall give Landlord at least five days’ prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything the foregoing, Tenant may make minor Alterations (deemed to be Alterations costing $15,000 or less) without obtaining Landlord’s consent, provided that such minor Alterations meet the contrary contained requirements listed in items (a)-(g) of this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 1 contract

Samples: Digital Lightwave Inc

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”"ALTERATIONS"), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s 's consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning ("HVAC"), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s 's consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s 's expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s 's written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section SECTION 10.2.1 above) and workers' compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(aSECTION 10.2.1(A) through (dD) and (fF). After obtaining Landlord’s 's approval to the Alterations, Tenant shall give Landlord at least five days' prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section SECTION 11.1, Landlord’s 's consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 1 contract

Samples: Vascular Solutions Inc

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as "Alterations"), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s 's consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property Premises shall not be adversely affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning ("HVAC"), sanitary and other service systems of the Property Premises shall not be affected and the usage of such systems by Tenant shall not be increasedadversely affected; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, coverage reasonably satisfactory to Landlord, Landlord regarding the performance and installation of the Alterations; (fe) the Alterations shall conform with all other requirements of this Lease; and (gf) Tenant shall have provided Landlord with reasonably detailed plans (the "Plans") for such Alterations in advance of requesting Landlord’s 's consent, and (g) Tenant complies with the terms of the Declaration with respect to the Alterations and timely obtains any consents required thereunder. Landlord's consent shall not be required for Alterations satisfying clauses (a) through (g) above and costing $75,000 or less in any one instance (up to a maximum aggregate of $75,000 over any consecutive twelve (12) month period); provided, however, that the maximum aggregate amount of Alterations not requiring Landlord's consent during the Initial Term shall not exceed $750,000 and $250,000 during any Renewal Term. Landlord shall not be deemed to have acted unreasonably if it withholds its consent to Alterations because, in Landlord's reasonable opinion, such Alterations could adversely affect the safety of the Premises or its occupants; would materially increase Landlord's cost of satisfying its obligations hereunder or Landlord's ability to furnish services to other future tenants; involves toxic or hazardous materials; would materially and adversely impact Landlord's ability to sell the Premises or lease the Premises to other tenants; or is prohibited by any mortgage on the Building(s). The foregoing reasons, however, shall not be exclusive of the reasons for which Landlord may withhold consent to proposed Alterations, whether or not such other reasons are similar or dissimilar to the foregoing. Landlord hereby consents to the Alteration described in Exhibit G hereto relating to the erection of certain interior walls so long as Tenant (x) performs such Alteration not later than the third anniversary of the Commencement Date; (y) complies with terms, conditions and limitations with respect to the performance of Alterations contained in this Article 11 other than the requirement of Landlord's consent, and (z) the actual work performed in connection with such Alteration is substantially consistent with the narrative description of such Alteration contained in Exhibit G. Additionally, after obtaining Landlord's preliminary consent to the Plans, but before proceeding with any Alterations, Tenant shall (i) shall, at Tenant’s its expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) Alterations and shall submit to AgentLandlord, for Landlord’s 's written approval, working drawings, plans and specifications specifications, and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 above) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a) through (d) and (f). After obtaining Landlord’s 's approval to the AlterationsAlterations (to the extent required hereunder), Tenant shall give Landlord at least five days’ twenty (20) days prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything If and to the contrary extent that any Alterations (whether permitted or deemed approved hereunder) impact on any structural element of the Premises or the HVAC, utilities, sanitary or other systems serving the Premises, Tenant shall (w) cause all such Alterations to be performed in strict accordance with the terms, conditions and limitations of any and all guaranties and warranties provided for the benefit of Landlord in connection with its construction of the Improvements or otherwise, including, but not limited, any requirement that any work thereon be performed by the contractor that originally provided the guaranty and warranty to Landlord; (x) be deemed to have waived any warranty provided by Landlord to Tenant hereunder with respect to such structural elements or systems, including, but not limited to, any warranty contained in this Section 11.17 of Exhibit C, Landlord’s consent shall not to the extent that any such Alterations cause damage to such structural elements or systems, invalidate any warranty provided to Landlord with respect thereto or can reasonably be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 expected to or less in any one instance (up do materially increase the costs to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of satisfying such warranty with respect to such structural elements or systems; and (y) shall be obligated to provide any replacements to such structural elements of systems notwithstanding the requirements of Section 13.3 hereof to the extent of any damage thereto caused by such Alterations prior or to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution extent that such Alterations can reasonably be expected to or do materially increase the cost of such Alterationsa replacement.

Appears in 1 contract

Samples: Golden Books Family Entertainment Inc

Procedural Requirements. Tenant may, from time to time, at its expense, make such alterations or improvements in and to the Premises (hereinafter collectively referred to as "Alterations”)") excluding structural changes, provided as Tenant may reasonably consider necessary for the conduct of its business in the Premises; provided, however, that Tenant first obtains the written consent of Landlord is first obtained for all such Alterations equal to or greater than $10,000 in each instancecost. Landlord’s 's consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property Building shall not be affected; (b) Tenant shall have provided Landlord with detailed plans for such Alterations in advance of requesting Landlord's consent; (c) the Alterations are to the interior of the PremisesPremises and no part of the interior not used exclusively by Tenant (common area or otherwise) or the exterior of the Building shall be affected; (cd) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Property Building shall not be adversely affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, coverage reasonably satisfactory to Landlord, Landlord regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall the Alterations have provided Landlord with reasonably detailed plans for such Alterations no effect on other Premises in advance of requesting Landlord’s consent. Additionally, the Building; and (h) before proceeding with any Alterations, Tenant shall (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s written 's approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations work until it has received said approval; . Tenant shall obtain and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance Agent (if so requested) either (i) a performance bond and a labor and materials payment bond in a form reasonably acceptable satisfactory to Landlord, each in an amount equal to one hundred fifteen percent (115%) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 above) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a) through (d) and (f). After obtaining Landlord’s approval to estimated cost of the Alterations, Tenant or (ii) such other security as shall give Landlord at least five days’ prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect be reasonably satisfactory to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (United Industries Corp)

Procedural Requirements. Tenant may, from time to time, at its own cost and expense, make alterations such alterations, decorations, additions, or improvements (collectively, “Alterations”) in and to the Premises Premises, excluding Major Alterations (hereinafter collectively referred to as “Alterations”defined below), provided as Tenant may consider necessary for the conduct of its business in the Premises. In the case of any Alterations that Tenant first obtains the written consent of Landlord in each instance. Landlord’s consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and materially adversely affect the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior Building or any of the Premises; (c) the proper functioning electrical, mechanical or plumbing systems of the mechanicalBuilding or any Alteration exceeding $25,000 in cost (collectively, electrical, heating, ventilating, air-conditioning (HVACMajor Alterations”), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting obtain Landlord’s consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 above) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a) through (d) and (f). After obtaining Landlord’s approval to the Alterations, Tenant shall give Landlord at least five days’ prior written notice of the commencement of any Alterations at the Premisesconsent, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s which consent shall not be required for Alterations satisfying clauses (a) through (f) above unreasonably withheld or delayed but which may be conditioned on Tenant’s removal of the Major Alteration upon the lease expiration and costing $10,000.00 or less in any one instance (up restoration of the affected portions of the Premises to at least as good of a maximum aggregate of $25,000.00 over condition as it was prior to making the Term) provided Major Alteration; provided, however, that Tenant notifies shall only be obligated to remove, at the request of Landlord, any Alteration or Major Alteration, exclusive of the Work Letter, which is unique and specific to the business of Tenant. In order to obtain Landlord’s prior written consent for a Major Alteration, Tenant shall obtain Landlord’s approval of the contractor, the plans and the specifications therefore and Tenant shall acquire a permit to do the work from appropriate governmental agencies, furnishing a copy thereof to Landlord of such Alterations prior to commencing thereon commencement of the Major Alteration, and obtains Tenant shall comply with all approvals conditions of said permit and permits necessary for with all specifications in the commencement plans in a prompt and prosecution expeditious manner. Landlord shall respond to Tenant’s request to make a Major Alteration within fifteen (15) days of such AlterationsLandlord’s receipt of the request. If Landlord is not willing to give its consent, Landlord shall provide a written notice to Tenant. If Landlord fails to respond to Tenant within the fifteen (15) day period, Landlord will be deemed to have approved the Major Alteration.

Appears in 1 contract

Samples: Lease Agreement (Ikaria, Inc.)

Procedural Requirements. Tenant may, from time to time, at its ----------------------- expense, make alterations such alterations, decorations, additions, or improvements in and to the Premises (hereinafter collectively referred to as "Alterations”)") in and to the Premises, provided excluding structural changes, as Tenant may reasonably consider necessary for the conduct of its business in the Premises; provided, however, that Tenant first obtains the written consent of the Landlord in each instanceis first obtained. Landlord’s 's consent to Alterations shall not be unreasonably reasonably withheld, provided provided, however, that: (a) the exterior of the Building shall not be affected; (b) the Alterations are non-structural and the structural integrity of the Property Building shall not be affected; (bc) the Alterations are to the interior of the PremisesPremises and no part of the Building outside of the Premises shall be affected; (cd) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Property Building shall not be adversely affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, coverage reasonably satisfactory to Landlord, Landlord regarding the performance and installation of the Alterations; and (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, Landlord for Landlord’s written 's approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations work until it has received said approval; . In the event that the cost of the proposed alternations exceed $25,000, upon Landlord's request Tenant shall obtain and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in Illinois), each in an amount equal to one hundred twenty-five percent (125%) of insurance (the estimate of the cost of the Alterations and in a form reasonably acceptable satisfactory to Landlord, or (ii) evidencing policies such other security or evidence of commercial general liability insurance (providing Tenant's ability to pay the same coverages as required in Section 10.2.1 above) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a) through (d) and (f). After obtaining Landlord’s approval to the Alterations, Tenant shall give Landlord at least five days’ prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord cost of such Alterations prior Alternations as shall be reasonably satisfactory to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such AlterationsLandlord.

Appears in 1 contract

Samples: Lease Agreement (Commerx Inc)

Procedural Requirements. Tenant may, from time to time, at its ----------------------- expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as "Alterations"), provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s 's consent to Alterations shall not be unreasonably withheld, provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning ("HVAC"), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; (d) the Alterations have no adverse effect on other leased premises in the Property; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) the Alterations shall conform with all other requirements of this Lease; and (g) Tenant shall have provided Landlord with reasonably detailed plans (the "Plans") for such Alterations in advance of requesting Landlord’s 's consent. In the event that Landlord consents to any proposed Alterations, Landlord shall specify in writing whether the Alterations shall be considered as real property belonging to Landlord upon termination of the Lease, or items of Tenant's personal property which shall be removed by Tenant upon termination of the Lease. Both parties agree that Landlord's description of such Alterations as either real or personal property shall be binding upon them. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s 's expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) submit to Agent, for Landlord’s 's written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlordon the so-called "ACCORD" Form 27) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 10.2(i) above) and workers’ workers compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a10.2(a) through (d), (f), (g) and (fh). After obtaining Landlord’s 's approval to the Alterations, Tenant shall give Landlord at least five (5) days' prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 1 contract

Samples: Maxwell Shoe Co Inc

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as "Alterations"), provided that Tenant first obtains the written consent of Landlord in each instance. Notwithstanding the foregoing, Landlord’s 's consent to non-structural Alterations shall not be unreasonably withheldrequired, provided that: (a) the Alterations are non-structural and the structural integrity of the Property shall not be he affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-air conditioning ("HVAC"), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increasedadversely affected; (dc) the Alterations are not reasonably likely to have no a material adverse effect on other leased premises in the Property; (ed) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (fe) the Alterations shall conform with all other requirements of this Lease; (f) Tenant provides Landlord with prior written notice of its intention to make such Alterations stating in reasonable detail the nature, extent and estimated cost of such Alterations, and to the extent customary to the proposed Alteration, a set of reasonably detailed plans for the Alteration; and (g) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations do not exceed Fifty Thousand Dollars ($50,000.00) in advance of requesting Landlord’s consentcost in any one instance and Two Hundred Fifty Thousand Dollars ($250,000.00) in cost in the aggregate during the Lease Term. Additionally, before proceeding with any AlterationsIf applicable, Tenant shall (i) at Tenant’s expense, obtain all necessary governmental permits not permit alterations in or to the Premises unless and certificates for until Landlord has approved the commencement plans and prosecution the contractor in writing. As a condition of Alterations; (ii) submit to Agent, for Landlord’s written 's approval, working drawingsLandlord may require Tenant to remove the Alterations and restore the Premises upon termination of this Lease; otherwise, plans all such Alterations shall at Landlord's option become a part of the realty and specifications the property of Landlord, and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received said approval; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2.1 above) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2.1(a) through (d) and (f)be removed by Tenant. After obtaining Landlord’s approval 's consent to the structural Alterations, Tenant shall give Landlord at least five (5) days' prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of commencement of construction, non-responsibility or the like, at the Premises. Notwithstanding anything to the contrary contained in this Section 11.1, Landlord’s consent shall not be required for Alterations satisfying clauses (a) through (f) above and costing $10,000.00 or less in any one instance (up to a maximum aggregate of $25,000.00 over the Term) provided that Tenant notifies Landlord of such Alterations prior to commencing thereon and obtains all approvals and permits necessary for the commencement and prosecution of such Alterations.

Appears in 1 contract

Samples: Atlanta Space Lease (Tractor Supply Co /De/)

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