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: Industrial Building Lease (Liquidity Services Inc), Industrial Building Lease (Zars Inc/Ut), Industrial Building Lease (Liquidity Services Inc)

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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: Industrial Building Lease (Griffin Capital Essential Asset REIT II, Inc.), Industrial Building Lease (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”), 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: Industrial Building Lease (Wornick CO Right Away Division, L.P.), Industrial Building Lease (TWC Holding Corp.)

Procedural Requirements. Tenant mayLeases and use agreements issued under this part shall be granted in accordance with policies of the Board established by regulations issued by the Board in accordance with the Administrative Procedures Act, from time to timeTitle 8 Chapter 1, at its expenseas amended or superseded by Pohnpei law, make alterations or improvements in (8 PC 1-*); PROVIDED that such laws are consistent with this part and to other laws of Pohnpei; PROVIDED FURTHER that the Premises (hereinafter collectively referred to as “Alterations”)regulations shall adequately provide for, provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s consent to Alterations shall but need not be unreasonably withheld, provided that: limited to: (a) Limitations and restrictions on the Alterations are non-structural and the structural integrity authority of the Property shall not be affected; Board to execute leases and land use agreements; (b) the Alterations are Reservation to the interior public trust of the Premises; rights to minerals and exhaustible resources, rights- of-way and public easements, and other uses in the public interest which the Board shall prescribe; (c) the proper functioning Required advertising of the mechanicallands as available for leasing, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Property shall not be affected and the usage of such systems unless public notice is otherwise prescribed by Tenant shall not be increased; statute; (d) Forms and procedures for applying for leases and use agreements and the Alterations have no adverse effect on other leased premises in awarding of the Property; same; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation Submission of the Alterations; decision of the Board as to proposed recipients of leases and use agreements under this part to the local government of the jurisdiction wherein the affected land is located at least 30 days prior to its submission to the Governor for action, which submission shall contain a complete record of the Board as to the selection process, setting forth the reasons given for each potential recipient so selected; (f) Recording of the Alterations shall conform time and manner of consultation of the Governor with all other requirements of this Lease; and the local government prior to his taking any action on the lease or use agreement so submitted; (g) Tenant shall have provided Landlord with reasonably detailed plans Standard categories and forms of lease and use agreements; (h) Requirements of options for such Alterations in advance of requesting Landlord’s consent. Additionally, before proceeding with any Alterations, Tenant shall extensions; (i) at Tenant’s expense, obtain all necessary governmental permits Recording of each lease and certificates for use agreement executed under this part with 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 Clerk of the commencement Pohnpei Supreme Court, attaching thereto all written records of any Alterations at the Premises, Board and Landlord may elect to record written comments of the local governments 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 Governor related thereto; (aj) 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.Forfeiture; and

Appears in 1 contract

Samples: Lease and Use Agreement

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 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 Alterationsdetermining what is reasonable hereunder.

Appears in 1 contract

Samples: Industrial Building Lease (Pfsweb Inc)

Procedural Requirements. Tenant mayLeases and use agreements issued under this part shall be granted in accordance with policies of the Board established by regulations issued by the Board in accordance with the Administrative Procedures Act, from time to timeTitle 8 Chapter 1, at its expenseas amended or superseded by Pohnpei law, make alterations or improvements in (8 PC 1-*); PROVIDED that such laws are consistent with this part and to other laws of Pohnpei; PROVIDED FURTHER that the Premises (hereinafter collectively referred to as “Alterations”)regulations shall adequately provide for, provided that Tenant first obtains the written consent of Landlord in each instance. Landlord’s consent to Alterations shall but need not be unreasonably withheld, provided that: limited to: (a) Limitations and restrictions on the Alterations are non-structural and the structural integrity authority of the Property shall not be affected; Board to execute leases and land use agreements; (b) the Alterations are Reservation to the interior public trust of the Premises; rights to minerals and exhaustible resources, rights-of-way and public easements, and other uses in the public interest which the Board shall prescribe; (c) the proper functioning Required advertising of the mechanicallands as available for leasing, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Property shall not be affected and the usage of such systems unless public notice is otherwise prescribed by Tenant shall not be increased; statute; (d) Forms and procedures for applying for leases and use agreements and the Alterations have no adverse effect on other leased premises in awarding of the Property; same; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation Submission of the Alterations; decision of the Board as to proposed recipients of leases and use agreements under this part to the local government of the jurisdiction wherein the affected land is located at least 30 days prior to its submission to the Governor for action, which submission shall contain a complete record of the Board as to the selection process, setting forth the reasons given for each potential recipient so selected; (f) Recording of the Alterations shall conform time and manner of consultation of the Governor with all other requirements of this Lease; and the local government prior to his taking any action on the lease or use agreement so submitted; (g) Tenant shall have provided Landlord with reasonably detailed plans Standard categories and forms of lease and use agreements; (h) Requirements of options for such Alterations in advance of requesting Landlord’s consent. Additionally, before proceeding with any Alterations, Tenant shall extensions; (i) at Tenant’s expense, obtain all necessary governmental permits Recording of each lease and certificates for use agreement executed under this part with 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 Clerk of the commencement Pohnpei Supreme Court, attaching thereto all written records of any Alterations at the Premises, Board and Landlord may elect to record written comments of the local governments 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 Governor related thereto; (aj) 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.Forfeiture; and

Appears in 1 contract

Samples: Lease and Use Agreement

Procedural Requirements. Tenant may, from time to time, at its expense, make alterations such alterations, decorations, additions, or improvements in and (including but not limited to initial leasehold improvements to the Premises 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 instancehas been first obtained. Landlord’s consent to Alterations shall not be unreasonably withheld, provided provided, however, that: (a) the Alterations are non-structural and the structural integrity outside of the Property Premises shall not be affected; (b) the Alterations are non-structural and the strength of the Premises shall not be affected; (c) the Alterations are to the interior of the PremisesPremises and no part of the outside of the Premises shall be affected; (cd) the proper functioning of the structural, mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Property Premises shall not be adversely affected and the usage of such systems by Tenant shall not be increased; (de) the Alterations have no adverse effect on other leased premises are accomplished in a workmanlike manner and equal to or greater than the quality of materials used in the Propertybuilding and other tenants; (e) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; (f) Tenant obtains all necessary governmental approvals or permits prior to commencing the Alterations shall conform with all alterations. Prior to the commencement of any alterations which exceed $5,000.00 in total cost of work performed or any alterations which would involve mechanical, electrical, sanitary or other requirements service systems 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 Alterationsthe Premises, Tenant shall submit to Landlord for Landlord’s approval the following: (ia) at List of Tenant’s expensecontractors and/or subcontractors, obtain each of which shall be approved by Landlord, which approval shall not be unreasonably withheld. (b) Four complete sets of plans and specifications certified by a registered architect or professional engineer. The scale on said plans shall be no smaller than one eighth (1/8) inch equaling one foot. (c) Adequate proof that Tenant has obtained all necessary governmental permits and certificates for the commencement and prosecution of Alterations; Tenant’s Work. (d) Executed copy or copies substantiating the following insurance coverage requirements which shall be provided and maintained by Tenant (such policy shall name Landlord, Landlord’s wholly owned subsidiaries and agents and any mortgagees of Landlord as additional insureds) at its own expense, until completion of Tenant’s Work. (e) Worker’s compensation insurance in accordance with the laws of the State of Florida. (f) Commercial General Liability insurance, including coverage for protective and contractual liability, for not less than the following limits: (i) Bodily injury: $1,000,000.00 per person $1,000,000.00 per occurrence (ii) submit to AgentProperty damage: $1,000,000.00 per occurrence $1,000,000.00 aggregate (g) Commercial Automobile Liability insurance (covering all owned, for Landlord’s written approval, working drawings, plans and specifications and all permits for the work non-owned and/or hired motor vehicles to be done used in connection with Tenant’s Work) for not less than the following limits: (i) Bodily injury: $1,000,000.00 per person $1,000,000.00 per occurrence (ii) Property damage: $1,000,000.00 per occurrence (h) An Umbrella Liability Insurance Policy with a minimum single limit of $1,000,000 in excess of the Employers’ Liability, Comprehensive General Liability and Comprehensive Automobile Liability insurance policies required herein. (i) Builder’s Risk — All Risk, Builder’s Risk insurance on the completed value (non-reporting full coverage) form. (j) Such other insurance coverage as may be reasonably requested by Landlord including insurance against fire, hazard and other peril against interior improvements and fixtures in the Premises, provided in no event shall any such other insurance require any co-insurance or waiver of subrogation provisions. Tenant shall not proceed with such Alterations until it has received said approval; 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 Florida), each in an amount equal to one hundred twenty-five percent (125%) of insurance (estimate of the 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 Agreement (Ener1 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: Industrial Building Lease (Protarga 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: Industrial Building Lease (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 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: Industrial Building Lease (Makemusic 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: Industrial Building Lease (Drugstore Com 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: Industrial Building Lease (United Industries 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 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). 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.SECTION

Appears in 1 contract

Samples: Building Lease (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 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: Lease Agreement (Digital Lightwave Inc)

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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 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). 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 Alterations10.

Appears in 1 contract

Samples: Building Lease (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 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)

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: Building Lease (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. 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). 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 Alterations10.

Appears in 1 contract

Samples: Industrial Building Lease (M Wave 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, 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: Industrial Building Lease (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 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: Industrial Building Lease (Bway Corp)

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