RESTRICTION ON ALTERATIONS. (a) The construction of the initial Tenant Improvements to the Premises shall be governed by the terms of the Tenant Improvement Letter attached hereto as Exhibit “E.” Tenant may make alterations, additions or improvements to the Premises after the Commencement Date (collectively, “Alterations”) which do not create a Design Problem (as defined in Paragraph 8.1(c)), provided Tenant submits its plans, including floor load calculations, for such Alterations to Landlord at least ten (10) business days prior to commencement of construction of such Alterations (except as to decorative items, minor repairs or installations of trade fixtures, furniture and equipment for which plans are not required) and subject to Landlord’s consent to the extent required under Paragraph 8.1(b). Alterations shall be scheduled through Landlord and each of Tenant’s contractors shall cooperate and coordinate with Landlord and Landlord’s contractor so that there shall be no disruption of the Building Systems or Service Facilities or of any other construction on or in the Park Place Project. Within ten (10) days after receipt of the plans for Alterations, Landlord shall inform Tenant, in good faith, whether such Alterations will create a Design Problem. If Landlord indicates that such Alterations will create a Design Problem, Landlord will have five (5) additional days to inform Tenant of its disapproval, and the specific Design Problems which are the reasons for such disapproval, and what changes or conditions could be made or satisfied to eliminate the Design Problems and obtain Landlord’s approval. Under no circumstances shall Tenant make any Alterations that create a Design Problem without Landlord’s prior consent, which Landlord may withhold in its discretion. (b) If the proposed Alterations in, to or about the Premises or the Building individually or cumulatively will not create a Design Problem, Tenant may make such Alterations with the prior written consent of Landlord, which Landlord shall not unreasonably withhold or delay beyond ten (10) days following request for the consent and any submittal of plans required hereunder, and which may only be conditioned upon (i) the right to reasonably approve the plans and specifications for any work provided that Landlord shall not disapprove such plans if a Design Problem is not created, (ii) the right to require reasonable supplemental construction insurance satisfactory to Landlord and naming Landlord as an additional insured, (iii) reasonable requirements as to the manner in which or the time or times at which work may be performed and (iv) the right to approve the contractor or contractors to perform the Alterations, which approval shall not be unreasonably withheld or delayed. No approval shall be required to (A) paint or cover walls, (B) for the installation of the floor covering, provided the manner of installing the floor covering is subject to Landlord approval, (C) for the installation of trade fixtures, furniture and equipment which do not create a Design Problem, or (D) for the installation of any other minor interior decorative alterations which do not create a Design Problem and do not cost in excess of $25,000.00 per job, provided that any such painting or installation shall be subject to the notice requirement set forth in Paragraph 8.1(a). (c) All Alterations shall be compatible with the Park Place Project and completed in accordance with Landlord’s reasonable, non-discriminatory requirements, Applicable Laws, all applicable rules, regulations and requirements of governmental authorities and all applicable reasonable rules, regulations and requirements of insurance carriers. The outside appearance of the Building shall not be affected by any Alteration, the use of the Building shall not be materially, adversely affected by any Alteration and no Alteration shall materially weaken or impair the structural strength of the Building or create the potential for unusual expenses to be incurred upon the removal of the Alterations and the restoration of the Premises upon the termination of this Lease unless Tenant agrees to pay for the incremental removal cost caused by the non-typical Alterations. No part of the Building outside of the Premises shall be materially, adversely affected by any Alteration; the proper functioning of the Building structure, Building Systems and Service Facilities shall not be materially, adversely affected by any Alteration (nor shall any Alteration involve or permit the installation of equipment or other fixtures or improvements which exceeds the capacities of the Building structure or Building Systems unless Tenant authorizes Landlord to modify, at Tenant’s expense, the Building Systems to increase such capacity and such modification does not otherwise create a Design Problem) and there shall be no Alteration which materially, adversely interferes with Landlord’s free access to the Building Systems or materially, adversely interferes with the moving of Landlord’s equipment to or from the enclosures containing the Building Systems. No Alteration shall materially, adversely affect any other tenant or occupant of the Project. Any Alteration that violates any of the foregoing restrictions of this Paragraph 8.1(c) shall be deemed to create a “Design Problem.”
Appears in 3 contracts
Samples: Office Lease (New Century Financial Corp), Office Lease (New Century Financial Corp), Office Lease (New Century Financial Corp)
RESTRICTION ON ALTERATIONS. (a) The construction of the initial Except for any Tenant Improvements to the Premises specifically permitted by this Lease, Tenant shall be governed by the terms of the Tenant Improvement Letter attached hereto as Exhibit “E.” Tenant may make alterationsno alteration, additions repair, addition or improvements to the Premises after the Commencement Date (collectively, “Alterations”) which do not create a Design Problem (as defined in Paragraph 8.1(c)), provided Tenant submits its plans, including floor load calculations, for such Alterations to Landlord at least ten (10) business days prior to commencement of construction of such Alterations (except as to decorative items, minor repairs or installations of trade fixtures, furniture and equipment for which plans are not required) and subject to Landlord’s consent to the extent required under Paragraph 8.1(b). Alterations shall be scheduled through Landlord and each of Tenant’s contractors shall cooperate and coordinate with Landlord and Landlord’s contractor so that there shall be no disruption of the Building Systems or Service Facilities or of any other construction on or in the Park Place Project. Within ten (10) days after receipt of the plans for Alterations, Landlord shall inform Tenant, in good faith, whether such Alterations will create a Design Problem. If Landlord indicates that such Alterations will create a Design Problem, Landlord will have five (5) additional days to inform Tenant of its disapproval, and the specific Design Problems which are the reasons for such disapproval, and what changes or conditions could be made or satisfied to eliminate the Design Problems and obtain Landlord’s approval. Under no circumstances shall Tenant make any Alterations that create a Design Problem without Landlord’s prior consent, which Landlord may withhold in its discretion.
(b) If the proposed Alterations improvement in, to or about the Premises (collectively, “Alterations”), including, without limitation, the installation of any data or the Building individually or cumulatively will not create a Design Problemtelecommunications cable, Tenant may make such Alterations with without the prior written consent of Landlord, which Landlord consent shall not be unreasonably withhold withheld or delay beyond ten (10) days following request for the consent and any submittal of plans required hereunderdelayed, and which may only it shall be conditioned upon reasonable for Landlord to require, among other things, some or all of the following: (ia) the right to reasonably approve the plans and specifications for any work provided that Landlord shall not disapprove such plans if a Design Problem is not created, work; (iib) the right to require reasonable supplemental construction insurance satisfactory to Landlord and naming each of Landlord and Manager as an additional insured, ; (iiic) reasonable the right to require forms of waivers of liens prior to commencement of work and/or unconditional lien releases for work completed; (d) satisfactory evidence that Tenant has sufficient funds to pay for such Alterations; (e) requirements as to the manner in which or the time or times at which work may be performed performed; and (ivf) the right to approve the contractor or contractors to perform the Alterations. In addition, which approval shall not be unreasonably withheld or delayed. No approval shall be required to (A) paint or cover walls, (B) for all Alterations that involve the installation of the floor covering, provided the manner of installing the floor covering is subject to Landlord approval, (C) for the installation of trade fixtures, furniture and equipment which do not create a Design Problem, data or (D) for the installation of any other minor interior decorative alterations which do not create a Design Problem and do not cost in excess of $25,000.00 per job, provided that any such painting or installation communications cable shall be subject to the notice requirement set forth terms and conditions of the voice and data cabling specifications adopted by Landlord from time to time and delivered to Tenant upon Tenant’s request for the same and subject to removal pursuant to Section 10.2 hereof. Except for Cosmetic Alterations (defined below), any modifications to any Alterations or Tenant Improvements will require the consent of Landlord in Paragraph 8.1(a).
(c) accordance with this Section 10.1. All Alterations shall be compatible with the Park Place Project a first class office building complex and completed in accordance with Landlord’s reasonable, non-discriminatory requirements, Applicable Laws, requirements and all applicable rules, regulations and requirements of governmental authorities and all applicable reasonable rules, regulations and requirements of insurance carriers. The outside appearance appearance, character or use of the Building shall not be affected by any Alteration, the use of the Building shall not be materially, adversely affected by any Alteration and no Alteration shall materially weaken or impair the structural strength structure of the Building or create the potential for unusual expenses to be incurred upon the removal of the Alterations and the restoration of the Premises upon the termination of this Lease unless Tenant agrees to pay for the incremental removal cost caused by the non-typical AlterationsLease. No part of the Building outside of the Premises shall be materially, adversely affected by any Alteration; the . The proper functioning of the Building structure, Building Systems and Service Facilities shall not be materially, adversely affected by any Alteration (nor shall any Alteration involve or permit the installation of equipment or other fixtures or improvements which exceeds the capacities of the Building structure or Building Systems unless Tenant authorizes Landlord to modify, at Tenant’s expense, the Building Systems to increase such capacity and such modification does not otherwise create a Design Problem) and there shall be no Alteration which materially, adversely interferes with Landlord’s free access to the Building Systems or materially, adversely interferes with the moving of Landlord’s equipment to or from the enclosures containing the Building Systems. No Alteration Tenant shall materiallynot be permitted to install and make part of the Premises any materials, adversely affect fixtures or articles which are subject to liens, conditional sales contracts or chattel mortgages other than trade fixtures, furniture and equipment. Tenant shall reimburse Landlord for its reasonable expenses in reviewing plans and inspecting all Alterations to assure compliance with Landlord’s requirements, including any out of-pocket costs for engineering review. In addition, Tenant shall pay Landlord a construction supervision fee equal to five percent (5%) of the cost of all Alterations. Landlord’s review of any such plans or specifications or Alterations shall not constitute an express or implicit covenant or warranty that any such plans or specifications submitted by Tenant or Alterations to be constructed or as constructed by Tenant are safe or that the same comply with Applicable Laws. Further, Tenant shall indemnify, protect, defend and hold Landlord harmless from any loss, cost or expense, including reasonable attorneys’ fees and costs, incurred by Landlord as a result of any defects in design, materials or workmanship resulting from Alterations. If requested by Landlord, Tenant shall provide Landlord with copies of all contracts, receipts, paid vouchers, and any other tenant documentation (including, without limitation, “as-built” drawings, air/water, balancing reports, permits and inspection certificates) in connection with the construction of such Alterations. Tenant shall promptly pay all costs incurred in connection with all Alterations. Any increase in any tax, assessment or occupant charge levied or assessed as a result of any Alterations shall be payable by Tenant. Notwithstanding the foregoing, Tenant shall be permitted, without Landlord’s consent, but upon advance notice and upon compliance with Landlord’s construction rules and regulations, to make strictly cosmetic, non-structural additions and alterations to the Premises that do not (i) involve the expenditure of more than $25,000.00 in each instance, (ii) affect the exterior appearance of the Project. Any Alteration that violates any Premises or Building, (iii) affect the Building’s electrical, ventilation, plumbing, elevator, mechanical, air conditioning or other systems, (iv) require a building or other permit, or (v) diminish the value of the foregoing restrictions Premises or Building (“Cosmetic Alterations”). Tenant shall, prior to the commencement of this Paragraph 8.1(c) any Cosmetic Alterations, deliver to Landlord waivers of liens and proofs of contractor insurance, in form reasonably acceptable to Landlord, from all contractors performing such work and plans indicating the nature of the proposed improvements. Landlord shall be deemed to create not charge a “Design Problemconstruction supervision fee for Cosmetic Alterations.”
Appears in 2 contracts
Samples: Office Lease (YETI Holdings, Inc.), Office Lease (YETI Holdings, Inc.)
RESTRICTION ON ALTERATIONS. (a) The construction 2.7.2 Not without the previous consent in writing of the initial Tenant Improvements Landlord such consent not to the Premises shall be governed unreasonably withheld or delayed (and then only in accordance with plans previously approved in writing by the terms of the Tenant Improvement Letter attached hereto as Exhibit “E.” Tenant may make alterations, additions Landlord such approval not to be unreasonably withheld or improvements to the Premises after the Commencement Date (collectively, “Alterations”) which do not create a Design Problem (as defined in Paragraph 8.1(c)), provided Tenant submits its plans, including floor load calculations, for such Alterations to Landlord at least ten (10) business days prior to commencement of construction of such Alterations (except as to decorative items, minor repairs or installations of trade fixtures, furniture and equipment for which plans are not required) delayed and subject to Landlord’s conditions reasonably imposed by and under the supervision and to the reasonable satisfaction of the Landlord or its Surveyors or Architects) to make any non-structural alterations or additions to the Demised Premises (excepting the installation of or alterations to internal demountable partitioning for which no consent will be necessary) and if required by the Landlord to reinstate all such approved alterations and modifications (including demountable partitioning) at the end of the Term (or (if earlier) in the case of works to create an opening in walls separating the Demised Premises from adjoining premises occupied by the Tenant the date on which the adjoining premises occupied by the Tenant the date on which the adjoining premises cease to be occupied by the Tenant) to the reasonable satisfaction of the Landlord or its Surveyor.
2.7.3 At the expiry of the Term (howsoever determined) (or(if earlier) in the case of works to create an opening in walls separating the Demised Premises from adjoining premises occupied by the Tenant the date on which the adjoining premises cease to be occupied by the Tenant) if and to the extent required under Paragraph 8.1(b). Alterations shall be scheduled through by the Landlord and each to remove all alterations or additions made to the Demised Premises or any part by the Tenant or its predecessors in title prior to the date of Tenant’s contractors shall cooperate and coordinate with Landlord and Landlord’s contractor so that there shall be no disruption this lease pursuant to any previous tenancy of the Building Systems Demised Premises under which the Tenant or Service Facilities or of any other construction on or predecessor in the Park Place Project. Within ten (10) days after receipt title of the plans for Alterations, Landlord shall inform Tenant, in good faith, whether such Alterations will create Tenant was permitted to carry out alterations to the Demised Premises subject to a Design Problem. If Landlord indicates that such Alterations will create a Design Problem, Landlord will have five (5) additional days liability to inform reinstate and where the Tenant of its disapproval, and the specific Design Problems which are the reasons for such disapproval, and what changes or conditions could be made or satisfied to eliminate the Design Problems and obtain Landlord’s approval. Under no circumstances shall Tenant make any Alterations that create a Design Problem without Landlord’s prior consent, which Landlord may withhold in its discretion.
(b) If the proposed Alterations in, to or about the Premises or the Building individually or cumulatively will predecessor in title did not create reinstate the alterations on the determination of that tenancy and to restore and make good the Demised Premises in a Design Problem, Tenant may make such Alterations with the prior written consent of Landlord, which Landlord shall not unreasonably withhold or delay beyond ten (10) days following request for the consent good and any submittal of plans required hereunder, and which may only be conditioned upon (i) the right to reasonably approve the plans and specifications for any work provided that Landlord shall not disapprove such plans if a Design Problem is not created, (ii) the right to require reasonable supplemental construction insurance satisfactory to Landlord and naming Landlord as an additional insured, (iii) reasonable requirements as workmanlike manner to the manner in condition and design which or existed before the time or times at which work may be performed and (iv) alterations were made to the right to approve the contractor or contractors to perform the Alterations, which approval shall not be unreasonably withheld or delayed. No approval shall be required to (A) paint or cover walls, (B) for the installation reasonable satisfaction of the floor covering, provided the manner of installing the floor covering is subject to Landlord approval, (C) for the installation of trade fixtures, furniture and equipment which do not create a Design Problem, or (D) for the installation of any other minor interior decorative alterations which do not create a Design Problem and do not cost in excess of $25,000.00 per job, provided that any such painting or installation shall be subject to the notice requirement set forth in Paragraph 8.1(a)its surveyor.
(c) All Alterations shall be compatible with the Park Place Project and completed in accordance with Landlord’s reasonable, non-discriminatory requirements, Applicable Laws, all applicable rules, regulations and requirements of governmental authorities and all applicable reasonable rules, regulations and requirements of insurance carriers. The outside appearance of the Building shall not be affected by any Alteration, the use of the Building shall not be materially, adversely affected by any Alteration and no Alteration shall materially weaken or impair the structural strength of the Building or create the potential for unusual expenses to be incurred upon the removal of the Alterations and the restoration of the Premises upon the termination of this Lease unless Tenant agrees to pay for the incremental removal cost caused by the non-typical Alterations. No part of the Building outside of the Premises shall be materially, adversely affected by any Alteration; the proper functioning of the Building structure, Building Systems and Service Facilities shall not be materially, adversely affected by any Alteration (nor shall any Alteration involve or permit the installation of equipment or other fixtures or improvements which exceeds the capacities of the Building structure or Building Systems unless Tenant authorizes Landlord to modify, at Tenant’s expense, the Building Systems to increase such capacity and such modification does not otherwise create a Design Problem) and there shall be no Alteration which materially, adversely interferes with Landlord’s free access to the Building Systems or materially, adversely interferes with the moving of Landlord’s equipment to or from the enclosures containing the Building Systems. No Alteration shall materially, adversely affect any other tenant or occupant of the Project. Any Alteration that violates any of the foregoing restrictions of this Paragraph 8.1(c) shall be deemed to create a “Design Problem.”
Appears in 1 contract
RESTRICTION ON ALTERATIONS. (a) The construction 2.7.2 Not without the previous consent in writing of the initial Tenant Improvements Landlord such consent not to the Premises shall be governed unreasonably withheld or delayed (and then only in accordance with plans previously approved in writing by the terms of the Tenant Improvement Letter attached hereto as Exhibit “E.” Tenant may make alterations, additions Landlord such approval not to be unreasonably withheld or improvements to the Premises after the Commencement Date (collectively, “Alterations”) which do not create a Design Problem (as defined in Paragraph 8.1(c)), provided Tenant submits its plans, including floor load calculations, for such Alterations to Landlord at least ten (10) business days prior to commencement of construction of such Alterations (except as to decorative items, minor repairs or installations of trade fixtures, furniture and equipment for which plans are not required) delayed and subject to Landlord’s conditions reasonably imposed by and under the supervision and to the reasonable satisfaction of the Landlord or its Surveyors or Architects) to make any non-structural alterations or additions to the Demised Premises (excepting the installation of or alterations to internal demountable partitioning for which no consent will be necessary) and if required by the Landlord to reinstate all such approved alterations and modifications (including demountable partitioning) at the end of the Term (or (if earlier) in the case of works to create an opening in walls separating the Demised Premises from adjoining premises occupied by the Tenant the date on which the adjoining premises cease to be occupied by the Tenant) to the reasonable satisfaction of the Landlord or its Surveyor.
2.7.3 At the expiry of the Term (howsoever determined) (or (if earlier) in the case of works to create an opening in walls separating the Demised Premises from adjoining premises occupied by the Tenant the date on which the adjoining premises cease to be occupied by the Tenant) if and to the extent required under Paragraph 8.1(b). Alterations shall be scheduled through by the Landlord and each to remove all alterations or additions made to the Demised Premises or any part by the Tenant or its predecessors in title prior to the date of Tenant’s contractors shall cooperate and coordinate with Landlord and Landlord’s contractor so that there shall be no disruption this lease pursuant to any previous tenancy of the Building Systems Demised Premises under which the Tenant or Service Facilities or of any other construction on or predecessor in the Park Place Project. Within ten (10) days after receipt title of the plans for Alterations, Landlord shall inform Tenant, in good faith, whether such Alterations will create Tenant was permitted to carry out alterations to the Demised Premises subject to a Design Problem. If Landlord indicates that such Alterations will create a Design Problem, Landlord will have five (5) additional days liability to inform reinstate and where the Tenant of its disapproval, and the specific Design Problems which are the reasons for such disapproval, and what changes or conditions could be made or satisfied to eliminate the Design Problems and obtain Landlord’s approval. Under no circumstances shall Tenant make any Alterations that create a Design Problem without Landlord’s prior consent, which Landlord may withhold in its discretion.
(b) If the proposed Alterations in, to or about the Premises or the Building individually or cumulatively will predecessor in title did not create reinstate the alterations on the determination of that tenancy and to restore and make good the Demised Premises in a Design Problem, Tenant may make such Alterations with the prior written consent of Landlord, which Landlord shall not unreasonably withhold or delay beyond ten (10) days following request for the consent good and any submittal of plans required hereunder, and which may only be conditioned upon (i) the right to reasonably approve the plans and specifications for any work provided that Landlord shall not disapprove such plans if a Design Problem is not created, (ii) the right to require reasonable supplemental construction insurance satisfactory to Landlord and naming Landlord as an additional insured, (iii) reasonable requirements as workmanlike manner to the manner in condition and design which or existed before the time or times at which work may be performed and (iv) alterations were made to the right to approve the contractor or contractors to perform the Alterations, which approval shall not be unreasonably withheld or delayed. No approval shall be required to (A) paint or cover walls, (B) for the installation reasonable satisfaction of the floor covering, provided the manner of installing the floor covering is subject to Landlord approval, (C) for the installation of trade fixtures, furniture and equipment which do not create a Design Problem, or (D) for the installation of any other minor interior decorative alterations which do not create a Design Problem and do not cost in excess of $25,000.00 per job, provided that any such painting or installation shall be subject to the notice requirement set forth in Paragraph 8.1(a)its surveyor.
(c) All Alterations shall be compatible with the Park Place Project and completed in accordance with Landlord’s reasonable, non-discriminatory requirements, Applicable Laws, all applicable rules, regulations and requirements of governmental authorities and all applicable reasonable rules, regulations and requirements of insurance carriers. The outside appearance of the Building shall not be affected by any Alteration, the use of the Building shall not be materially, adversely affected by any Alteration and no Alteration shall materially weaken or impair the structural strength of the Building or create the potential for unusual expenses to be incurred upon the removal of the Alterations and the restoration of the Premises upon the termination of this Lease unless Tenant agrees to pay for the incremental removal cost caused by the non-typical Alterations. No part of the Building outside of the Premises shall be materially, adversely affected by any Alteration; the proper functioning of the Building structure, Building Systems and Service Facilities shall not be materially, adversely affected by any Alteration (nor shall any Alteration involve or permit the installation of equipment or other fixtures or improvements which exceeds the capacities of the Building structure or Building Systems unless Tenant authorizes Landlord to modify, at Tenant’s expense, the Building Systems to increase such capacity and such modification does not otherwise create a Design Problem) and there shall be no Alteration which materially, adversely interferes with Landlord’s free access to the Building Systems or materially, adversely interferes with the moving of Landlord’s equipment to or from the enclosures containing the Building Systems. No Alteration shall materially, adversely affect any other tenant or occupant of the Project. Any Alteration that violates any of the foregoing restrictions of this Paragraph 8.1(c) shall be deemed to create a “Design Problem.”
Appears in 1 contract
RESTRICTION ON ALTERATIONS. (a) The construction of the initial Tenant Improvements to the Premises shall be governed by the terms of the Tenant Improvement Letter attached hereto as Exhibit “E.” Tenant may make alterations, additions or improvements to the Premises after the Commencement Date (collectively, “Alterations”) which do not create a Design Problem (as Problem.(as defined in Paragraph Section 8.1(c)), on the terms and conditions set forth in this Article 8 and provided Tenant submits its plans, including floor load calculations, for such Alterations to Landlord at least ten fifteen (1015) business days prior to commencement of construction of such Alterations (except as to decorative items, minor repairs or installations of trade fixtures, fixtures and furniture and equipment for which plans are not required) and subject to Landlord’s consent to the extent required under Paragraph Section 8.1(b). Alterations shall be scheduled through Landlord and each of Tenant’s contractors shall cooperate and coordinate with Landlord and Landlord’s contractor so that there shall be no disruption of the Building Systems or Service Facilities or of any other construction on or in the Park Place Project. Within ten (10) days after receipt of the plans for Alterations, Landlord shall inform Tenant, in good faith, whether such Alterations will create a Design Problem. If Landlord indicates that such Alterations will create a Design Problem, Landlord will have five (5) additional days to inform Tenant of its disapproval, and the specific Design Problems which are the reasons for such disapproval, and what changes or conditions could be made or satisfied to eliminate the Design Problems and obtain Landlord’s approval. Under no circumstances shall Tenant make any Alterations that create a Design Problem without Landlord’s prior consent, which Landlord may withhold in its discretion.
(b) If the proposed Alterations in, to or about the Premises or the Building individually or cumulatively will not create a Design Problem, Tenant may make such Alterations with the prior written consent of Landlord, which Landlord shall not unreasonably withhold or delay beyond ten fifteen (1015) days following request for the consent and any submittal of plans required hereunder, and which may only be conditioned upon (i) the right to reasonably approve the plans and specifications for any work provided that Landlord shall not disapprove such plans if a Design Problem is not created, (ii) the right to require reasonable supplemental construction insurance satisfactory to Landlord and naming Landlord as an additional insured, (iii) reasonable requirements as to the manner in which or the time or times at which work may be performed and (iv) the right to approve the contractor or contractors to perform the Alterations, which approval shall not be unreasonably withheld or delayed. No approval shall be required to (A) paint or cover walls, (B) walls or for the installation of the floor covering, provided the manner of installing the floor covering is subject to Landlord approval, (C) for the installation of trade fixtures, furniture ; and equipment which do not create a Design Problem, or (D) for the installation of any other minor interior decorative alterations which do not create a Design Problem and do not cost in excess of $25,000.00 per job, further provided that any such painting painting, covering or installation shall be subject to the notice requirement set forth in Paragraph Section 8.1(a).
(c) All Alterations shall be compatible with the Park Place Project and completed in accordance with Landlord’s reasonable, non-discriminatory requirements, Applicable Laws, all applicable rules, regulations and requirements of governmental authorities and all applicable reasonable rules, regulations and requirements of insurance carriers. The outside appearance of the Building shall not be affected by any Alteration, the use of the Building shall not be materially, adversely affected by any Alteration and no Alteration shall materially weaken or impair the structural strength of the Building or create the potential for unusual expenses to be incurred upon the removal of the Alterations and the restoration of the Premises upon the termination of this Lease unless Tenant agrees to pay for the incremental removal cost caused by the non-typical Alterations. No part of the Building outside of the Premises shall be materially, adversely affected by any Alteration; the proper functioning of the Building structure, Building Systems and Service Facilities shall not be materially, adversely affected by any Alteration (nor shall any Alteration involve or permit the installation of equipment or other fixtures or improvements which exceeds the capacities of the Building structure or Building Systems unless Tenant authorizes Landlord to modify, at Tenant’s expense, the Building Systems to increase such capacity and such modification does not otherwise create a Design Problem) and there shall be no Alteration which materially, adversely interferes with Landlord’s free access to the Building Systems or materially, adversely interferes with the moving of Landlord’s equipment to or from the enclosures containing the Building Systems. No Alteration shall materially, adversely affect any other tenant or occupant of the Project. Any Alteration that violates any of the foregoing restrictions of this Paragraph 8.1(c) shall be deemed to create a “Design Problem.”
Appears in 1 contract
RESTRICTION ON ALTERATIONS. (a) The construction 2.7.2 Not without the previous consent in writing of the initial Tenant Improvements Landlord such consent not to the Premises shall be governed unreasonably withheld or delayed (and then only in accordance with plans previously approved in writing by the terms of the Tenant Improvement Letter attached hereto as Exhibit “E.” Tenant may make alterations, additions Landlord such approval not to be unreasonably withheld or improvements to the Premises after the Commencement Date (collectively, “Alterations”) which do not create a Design Problem (as defined in Paragraph 8.1(c)), provided Tenant submits its plans, including floor load calculations, for such Alterations to Landlord at least ten (10) business days prior to commencement of construction of such Alterations (except as to decorative items, minor repairs or installations of trade fixtures, furniture and equipment for which plans are not required) delayed and subject to Landlord’s conditions reasonably imposed by and under the supervision and to the reasonable satisfaction of the Landlord or its Surveyors or Architects) to make any non-structural alterations or additions to the Demised Premises (excepting the installation of or alterations to internal demountable partitioning for which no consent will be necessary) and if required by the Landlord to reinstate all such approved alterations and modifications (including demountable partitioning) at the end of the Term (or (if earlier) if the case of works to create an opening in walls separating the Demised Premises from adjoining premises occupied by the Tenant the date on which the adjoining premises cease to be occupied by the Tenant) to the reasonable satisfaction of the Landlord or its Surveyor.
2.7.3 At the expiry of the Term (howsoever determined) (or (if earlier) in the case of works to create an opening in walls separating the Demised Premises from adjoining premises occupied by the Tenant the date on which the adjoining premises cease to be occupied by the Tenant) if and to the extent required under Paragraph 8.1(b). Alterations shall be scheduled through by the Landlord and each to remove all alterations or additions made to the Demised Premises or any part by the Tenant or its predecessors in title prior to the date of Tenant’s contractors shall cooperate and coordinate with Landlord and Landlord’s contractor so that there shall be no disruption this lease pursuant to any previous tenancy of the Building Systems Demised Premises under which the Tenant or Service Facilities or of any other construction on or predecessor in the Park Place Project. Within ten (10) days after receipt title of the plans for Alterations, Landlord shall inform Tenant, Tenant was permitted to carry out alterations to the Demised Premises subject to a liability to reinstate and where the Tenant or the predecessor in title did not reinstate the alterations on the determination of that tenancy and to restore and make good the Demised Premises in good faith, whether such Alterations will create a Design Problem. If Landlord indicates that such Alterations will create a Design Problem, Landlord will have five (5) additional days to inform Tenant of its disapproval, and the specific Design Problems which are the reasons for such disapproval, and what changes or conditions could be made or satisfied to eliminate the Design Problems and obtain Landlord’s approval. Under no circumstances shall Tenant make any Alterations that create a Design Problem without Landlord’s prior consent, which Landlord may withhold in its discretion.
(b) If the proposed Alterations in, to or about the Premises or the Building individually or cumulatively will not create a Design Problem, Tenant may make such Alterations with the prior written consent of Landlord, which Landlord shall not unreasonably withhold or delay beyond ten (10) days following request for the consent and any submittal of plans required hereunder, and which may only be conditioned upon (i) the right to reasonably approve the plans and specifications for any work provided that Landlord shall not disapprove such plans if a Design Problem is not created, (ii) the right to require reasonable supplemental construction insurance satisfactory to Landlord and naming Landlord as an additional insured, (iii) reasonable requirements as workmanlike manner to the manner in condition and design which or existed before the time or times at which work may be performed and (iv) alterations were made to the right to approve the contractor or contractors to perform the Alterations, which approval shall not be unreasonably withheld or delayed. No approval shall be required to (A) paint or cover walls, (B) for the installation reasonable satisfaction of the floor covering, provided the manner of installing the floor covering is subject to Landlord approval, (C) for the installation of trade fixtures, furniture and equipment which do not create a Design Problem, or (D) for the installation of any other minor interior decorative alterations which do not create a Design Problem and do not cost in excess of $25,000.00 per job, provided that any such painting or installation shall be subject to the notice requirement set forth in Paragraph 8.1(a)its surveyor.
(c) All Alterations shall be compatible with the Park Place Project and completed in accordance with Landlord’s reasonable, non-discriminatory requirements, Applicable Laws, all applicable rules, regulations and requirements of governmental authorities and all applicable reasonable rules, regulations and requirements of insurance carriers. The outside appearance of the Building shall not be affected by any Alteration, the use of the Building shall not be materially, adversely affected by any Alteration and no Alteration shall materially weaken or impair the structural strength of the Building or create the potential for unusual expenses to be incurred upon the removal of the Alterations and the restoration of the Premises upon the termination of this Lease unless Tenant agrees to pay for the incremental removal cost caused by the non-typical Alterations. No part of the Building outside of the Premises shall be materially, adversely affected by any Alteration; the proper functioning of the Building structure, Building Systems and Service Facilities shall not be materially, adversely affected by any Alteration (nor shall any Alteration involve or permit the installation of equipment or other fixtures or improvements which exceeds the capacities of the Building structure or Building Systems unless Tenant authorizes Landlord to modify, at Tenant’s expense, the Building Systems to increase such capacity and such modification does not otherwise create a Design Problem) and there shall be no Alteration which materially, adversely interferes with Landlord’s free access to the Building Systems or materially, adversely interferes with the moving of Landlord’s equipment to or from the enclosures containing the Building Systems. No Alteration shall materially, adversely affect any other tenant or occupant of the Project. Any Alteration that violates any of the foregoing restrictions of this Paragraph 8.1(c) shall be deemed to create a “Design Problem.”
Appears in 1 contract
RESTRICTION ON ALTERATIONS. (a) The construction 2.7.1 Not to make any structural alterations to the Demised Premises or any part thereof nor to erect any new buildings or extensions thereon and without prejudice to the generality of the initial Tenant Improvements foregoing not to install any outlets for pipes wires cables or flues through the walls doors or windows of the Demised Premises shall (save as hereinafter contained) Provided always that the cutting of one or more doors or similar openings in a wall or walls separating the Demised Premises from any adjoining
2.7.2 Not without the previous consent in writing of the Landlord such consent not to be governed unreasonably withheld or delayed (and then only in accordance with plans previously approved in writing by the terms of the Tenant Improvement Letter attached hereto as Exhibit “E.” Tenant may make alterations, additions Landlord such approval not to be unreasonably withheld or improvements to the Premises after the Commencement Date (collectively, “Alterations”) which do not create a Design Problem (as defined in Paragraph 8.1(c)), provided Tenant submits its plans, including floor load calculations, for such Alterations to Landlord at least ten (10) business days prior to commencement of construction of such Alterations (except as to decorative items, minor repairs or installations of trade fixtures, furniture and equipment for which plans are not required) delayed and subject to Landlord’s conditions reasonably imposed by and under the supervision and to the reasonable satisfaction of the Landlord or its Surveyors or Architects) to make any non- structural alterations or additions to the Demised Premises (excepting the installation of or alterations to internal demountable partitioning for which no consent will be necessary) and if required by the Landlord to reinstate all such approved alterations and modifications (including demountable partitioning) at the end of the Term (or (if earlier) in the case of works to create an opening in walls separating the Demised Premises from adjoining premises occupied by the Tenant the date on which the adjoining premises cease to be occupied by the Tenant) to the reasonable satisfaction of the Landlord or its Surveyor.
2.7.3 At the expiry of the Term (howsoever determined) (or (if earlier) in the case of works to create an opening in walls separating the Demised Premises from adjoining premises occupied by the Tenant the date on which the adjoining premises cease to be occupied by the Tenant) if and to the extent required under Paragraph 8.1(b). Alterations shall be scheduled through by the Landlord and each to remove all alterations or additions made to the Demised Premises or any part by the Tenant or its predecessors in title prior to the date of Tenant’s contractors shall cooperate and coordinate with Landlord and Landlord’s contractor so that there shall be no disruption this lease pursuant to any previous tenancy of the Building Systems Demised Premises under which the Tenant or Service Facilities or of any other construction on or predecessor in the Park Place Project. Within ten (10) days after receipt title of the plans for Alterations, Landlord shall inform Tenant, in good faith, whether such Alterations will create Tenant was permitted to carry out alterations to the Demised Premises subject to a Design Problem. If Landlord indicates that such Alterations will create a Design Problem, Landlord will have five (5) additional days liability to inform reinstate and where the Tenant of its disapproval, and the specific Design Problems which are the reasons for such disapproval, and what changes or conditions could be made or satisfied to eliminate the Design Problems and obtain Landlord’s approval. Under no circumstances shall Tenant make any Alterations that create a Design Problem without Landlord’s prior consent, which Landlord may withhold in its discretion.
(b) If the proposed Alterations in, to or about the Premises or the Building individually or cumulatively will predecessor in title did not create reinstate the alterations on the determination of that tenancy and to restore and make good the Demised Premises in a Design Problem, Tenant may make such Alterations with the prior written consent of Landlord, which Landlord shall not unreasonably withhold or delay beyond ten (10) days following request for the consent good and any submittal of plans required hereunder, and which may only be conditioned upon (i) the right to reasonably approve the plans and specifications for any work provided that Landlord shall not disapprove such plans if a Design Problem is not created, (ii) the right to require reasonable supplemental construction insurance satisfactory to Landlord and naming Landlord as an additional insured, (iii) reasonable requirements as workmanlike manner to the manner in condition and design which or existed before the time or times at which work may be performed and (iv) alterations were made to the right to approve the contractor or contractors to perform the Alterations, which approval shall not be unreasonably withheld or delayed. No approval shall be required to (A) paint or cover walls, (B) for the installation reasonable satisfaction of the floor covering, provided the manner of installing the floor covering is subject to Landlord approval, (C) for the installation of trade fixtures, furniture and equipment which do not create a Design Problem, or (D) for the installation of any other minor interior decorative alterations which do not create a Design Problem and do not cost in excess of $25,000.00 per job, provided that any such painting or installation shall be subject to the notice requirement set forth in Paragraph 8.1(a)its surveyor.
(c) All Alterations shall be compatible with the Park Place Project and completed in accordance with Landlord’s reasonable, non-discriminatory requirements, Applicable Laws, all applicable rules, regulations and requirements of governmental authorities and all applicable reasonable rules, regulations and requirements of insurance carriers. The outside appearance of the Building shall not be affected by any Alteration, the use of the Building shall not be materially, adversely affected by any Alteration and no Alteration shall materially weaken or impair the structural strength of the Building or create the potential for unusual expenses to be incurred upon the removal of the Alterations and the restoration of the Premises upon the termination of this Lease unless Tenant agrees to pay for the incremental removal cost caused by the non-typical Alterations. No part of the Building outside of the Premises shall be materially, adversely affected by any Alteration; the proper functioning of the Building structure, Building Systems and Service Facilities shall not be materially, adversely affected by any Alteration (nor shall any Alteration involve or permit the installation of equipment or other fixtures or improvements which exceeds the capacities of the Building structure or Building Systems unless Tenant authorizes Landlord to modify, at Tenant’s expense, the Building Systems to increase such capacity and such modification does not otherwise create a Design Problem) and there shall be no Alteration which materially, adversely interferes with Landlord’s free access to the Building Systems or materially, adversely interferes with the moving of Landlord’s equipment to or from the enclosures containing the Building Systems. No Alteration shall materially, adversely affect any other tenant or occupant of the Project. Any Alteration that violates any of the foregoing restrictions of this Paragraph 8.1(c) shall be deemed to create a “Design Problem.”
Appears in 1 contract
RESTRICTION ON ALTERATIONS. (a) The construction 2.7.2 Not without the previous consent in writing of the initial Tenant Improvements Landlord such consent not to the Premises shall be governed unreasonably withheld or delayed (and then only in accordance with plans previously approved in writing by the terms of the Tenant Improvement Letter attached hereto as Exhibit “E.” Tenant may make alterations, additions Landlord such approval not to be unreasonably withheld or improvements to the Premises after the Commencement Date (collectively, “Alterations”) which do not create a Design Problem (as defined in Paragraph 8.1(c)), provided Tenant submits its plans, including floor load calculations, for such Alterations to Landlord at least ten (10) business days prior to commencement of construction of such Alterations (except as to decorative items, minor repairs or installations of trade fixtures, furniture and equipment for which plans are not required) delayed and subject to Landlord’s conditions reasonably imposed by and under the supervision and to the reasonable satisfaction of the Landlord or its Surveyors or Architects) to make any non-structural alterations or additions to the Demised Premises (excepting the installation of or alterations to internal demountable partitioning for which no consent will be necessary) and if required by the Landlord to reinstate all such approved alterations and modifications (including demountable partitioning) at the end of the Term (or (if earlier) in the case of works to create an opening in walls separating the Demised Premises from adjoining premises occupied by the Tenant the date on which the adjoining premises cease to be occupied by the Tenant) to the reasonable satisfaction of the Landlord or its Surveyor.
2.7.3 At the expiry of the Term (howsoever determined) (or (if earlier) in due case of works to create an opening in walls separating the Demised Premises from adjoining premises occupied by the Tenant the date on which the adjoining premises cease to be occupied by the Tenant) if and to the extent required under Paragraph 8.1(b). Alterations shall be scheduled through by the Landlord and each to remove all alterations or additions made to the Demised Premises or any part by the Tenant or its predecessors in title prior to the date of Tenant’s contractors shall cooperate and coordinate with Landlord and Landlord’s contractor so that there shall be no disruption this lease pursuant to any previous tenancy of the Building Systems Demised Premises under which the Tenant or Service Facilities or of any other construction on or predecessor in the Park Place Project. Within ten (10) days after receipt title of the plans for Alterations, Landlord shall inform Tenant, in good faith, whether such Alterations will create Tenant was permitted to carry out alterations to the Demised Premises subject to a Design Problem. If Landlord indicates that such Alterations will create a Design Problem, Landlord will have five (5) additional days liability to inform reinstate and where the Tenant of its disapproval, and the specific Design Problems which are the reasons for such disapproval, and what changes or conditions could be made or satisfied to eliminate the Design Problems and obtain Landlord’s approval. Under no circumstances shall Tenant make any Alterations that create a Design Problem without Landlord’s prior consent, which Landlord may withhold in its discretion.
(b) If the proposed Alterations in, to or about the Premises or the Building individually or cumulatively will predecessor in title did not create reinstate the alterations on the determination of that tenancy and to restore and make good the Demised Premises in a Design Problem, Tenant may make such Alterations with the prior written consent of Landlord, which Landlord shall not unreasonably withhold or delay beyond ten (10) days following request for the consent good and any submittal of plans required hereunder, and which may only be conditioned upon (i) the right to reasonably approve the plans and specifications for any work provided that Landlord shall not disapprove such plans if a Design Problem is not created, (ii) the right to require reasonable supplemental construction insurance satisfactory to Landlord and naming Landlord as an additional insured, (iii) reasonable requirements as workmanlike manner to the manner in condition and design which or existed before the time or times at which work may be performed and (iv) alterations were made to the right to approve the contractor or contractors to perform the Alterations, which approval shall not be unreasonably withheld or delayed. No approval shall be required to (A) paint or cover walls, (B) for the installation reasonable satisfaction of the floor covering, provided the manner of installing the floor covering is subject to Landlord approval, (C) for the installation of trade fixtures, furniture and equipment which do not create a Design Problem, or (D) for the installation of any other minor interior decorative alterations which do not create a Design Problem and do not cost in excess of $25,000.00 per job, provided that any such painting or installation shall be subject to the notice requirement set forth in Paragraph 8.1(a)its surveyor.
(c) All Alterations shall be compatible with the Park Place Project and completed in accordance with Landlord’s reasonable, non-discriminatory requirements, Applicable Laws, all applicable rules, regulations and requirements of governmental authorities and all applicable reasonable rules, regulations and requirements of insurance carriers. The outside appearance of the Building shall not be affected by any Alteration, the use of the Building shall not be materially, adversely affected by any Alteration and no Alteration shall materially weaken or impair the structural strength of the Building or create the potential for unusual expenses to be incurred upon the removal of the Alterations and the restoration of the Premises upon the termination of this Lease unless Tenant agrees to pay for the incremental removal cost caused by the non-typical Alterations. No part of the Building outside of the Premises shall be materially, adversely affected by any Alteration; the proper functioning of the Building structure, Building Systems and Service Facilities shall not be materially, adversely affected by any Alteration (nor shall any Alteration involve or permit the installation of equipment or other fixtures or improvements which exceeds the capacities of the Building structure or Building Systems unless Tenant authorizes Landlord to modify, at Tenant’s expense, the Building Systems to increase such capacity and such modification does not otherwise create a Design Problem) and there shall be no Alteration which materially, adversely interferes with Landlord’s free access to the Building Systems or materially, adversely interferes with the moving of Landlord’s equipment to or from the enclosures containing the Building Systems. No Alteration shall materially, adversely affect any other tenant or occupant of the Project. Any Alteration that violates any of the foregoing restrictions of this Paragraph 8.1(c) shall be deemed to create a “Design Problem.”
Appears in 1 contract
RESTRICTION ON ALTERATIONS. (a) The construction 2.7.1 Not to make any structural alterations to the Demised Premises or any part thereof nor to erect any new buildings or extensions thereon and without prejudice to the generality of the initial Tenant Improvements foregoing not to install any outlets for pipes wires cables or flues through the walls doors or windows of the Demised Premises shall (save as hereinafter
2.7.2 Not without the previous consent in writing of the Landlord such consent not to be governed unreasonably withheld or delayed (and then only in accordance with plans previously approved in writing by the terms of the Tenant Improvement Letter attached hereto as Exhibit “E.” Tenant may make alterations, additions Landlord such approval not to be unreasonably withheld or improvements to the Premises after the Commencement Date (collectively, “Alterations”) which do not create a Design Problem (as defined in Paragraph 8.1(c)), provided Tenant submits its plans, including floor load calculations, for such Alterations to Landlord at least ten (10) business days prior to commencement of construction of such Alterations (except as to decorative items, minor repairs or installations of trade fixtures, furniture and equipment for which plans are not required) delayed and subject to Landlord’s conditions reasonably imposed by and under the supervision and to the reasonable satisfaction of the Landlord or its Surveyors or Architects) to make any non-structural alterations or additions to the Demised Premises (excepting the installation of or alterations to internal demountable partitioning for which no consent will be necessary) and if required by the Landlord to reinstate all such approved alterations and modifications (including demountable partitioning) at the end of the Term (or (if earlier) in the case of works to create an opening in walls separating the Demised Premises from adjoining premises occupied by the Tenant the date on which the adjoining premises cease to be occupied by the Tenant) to the reasonable satisfaction of the Landlord or its Surveyor.
2.7.3 At the expiry of the Term (howsoever determined) (or (or earlier) in the case of works to create an opening in walls separating the Demised Premises from adjoining premises occupied by the Tenant the date on which the adjoining premises cease to be occupied by the Tenant) if and to the extent required under Paragraph 8.1(b). Alterations shall be scheduled through by the Landlord and each to remove all alterations or additions made to the Demised Premises or any part by the Tenant or its predecessors in title prior to the date of Tenant’s contractors shall cooperate and coordinate with Landlord and Landlord’s contractor so that there shall be no disruption this lease pursuant to any previous tenancy of the Building Systems Demised Premises under which the Tenant or Service Facilities or of any other construction on or predecessor in the Park Place Project. Within ten (10) days after receipt title of the plans for Alterations, Landlord shall inform Tenant, in good faith, whether such Alterations will create Tenant was permitted to carry out alterations to the Demised Premises subject to a Design Problem. If Landlord indicates that such Alterations will create a Design Problem, Landlord will have five (5) additional days liability to inform reinstate and where the Tenant of its disapproval, and the specific Design Problems which are the reasons for such disapproval, and what changes or conditions could be made or satisfied to eliminate the Design Problems and obtain Landlord’s approval. Under no circumstances shall Tenant make any Alterations that create a Design Problem without Landlord’s prior consent, which Landlord may withhold in its discretion.
(b) If the proposed Alterations in, to or about the Premises or the Building individually or cumulatively will predecessor in title did not create reinstate the alterations on the determination of that tenancy and to restore and make good the Demised Premises in a Design Problem, Tenant may make such Alterations with the prior written consent of Landlord, which Landlord shall not unreasonably withhold or delay beyond ten (10) days following request for the consent good and any submittal of plans required hereunder, and which may only be conditioned upon (i) the right to reasonably approve the plans and specifications for any work provided that Landlord shall not disapprove such plans if a Design Problem is not created, (ii) the right to require reasonable supplemental construction insurance satisfactory to Landlord and naming Landlord as an additional insured, (iii) reasonable requirements as workmanlike manner to the manner in condition and design which or existed before the time or times at which work may be performed and (iv) alterations were made to the right to approve the contractor or contractors to perform the Alterations, which approval shall not be unreasonably withheld or delayed. No approval shall be required to (A) paint or cover walls, (B) for the installation reasonable satisfaction of the floor covering, provided the manner of installing the floor covering is subject to Landlord approval, (C) for the installation of trade fixtures, furniture and equipment which do not create a Design Problem, or (D) for the installation of any other minor interior decorative alterations which do not create a Design Problem and do not cost in excess of $25,000.00 per job, provided that any such painting or installation shall be subject to the notice requirement set forth in Paragraph 8.1(a)its surveyor.
(c) All Alterations shall be compatible with the Park Place Project and completed in accordance with Landlord’s reasonable, non-discriminatory requirements, Applicable Laws, all applicable rules, regulations and requirements of governmental authorities and all applicable reasonable rules, regulations and requirements of insurance carriers. The outside appearance of the Building shall not be affected by any Alteration, the use of the Building shall not be materially, adversely affected by any Alteration and no Alteration shall materially weaken or impair the structural strength of the Building or create the potential for unusual expenses to be incurred upon the removal of the Alterations and the restoration of the Premises upon the termination of this Lease unless Tenant agrees to pay for the incremental removal cost caused by the non-typical Alterations. No part of the Building outside of the Premises shall be materially, adversely affected by any Alteration; the proper functioning of the Building structure, Building Systems and Service Facilities shall not be materially, adversely affected by any Alteration (nor shall any Alteration involve or permit the installation of equipment or other fixtures or improvements which exceeds the capacities of the Building structure or Building Systems unless Tenant authorizes Landlord to modify, at Tenant’s expense, the Building Systems to increase such capacity and such modification does not otherwise create a Design Problem) and there shall be no Alteration which materially, adversely interferes with Landlord’s free access to the Building Systems or materially, adversely interferes with the moving of Landlord’s equipment to or from the enclosures containing the Building Systems. No Alteration shall materially, adversely affect any other tenant or occupant of the Project. Any Alteration that violates any of the foregoing restrictions of this Paragraph 8.1(c) shall be deemed to create a “Design Problem.”
Appears in 1 contract
RESTRICTION ON ALTERATIONS. (a) The construction of the initial Tenant Subtenant Improvements to the Subleased Premises shall be governed by the terms of the Tenant Improvement Letter attached hereto as Exhibit “E.” Tenant may E”. Subtenant shall make alterationsno alteration, additions repair, addition or improvements improvement in, to or about the Subleased Premises after the Commencement Date completion of the initial Subtenant Improvements pursuant to the Tenant Improvement Letter attached hereto (collectively, “Alterations”) which do not create a Design Problem (as defined in Paragraph 8.1(c)), provided Tenant submits without the prior consent of Prime Landlord under the Prime Landlord’s Consent and the prior consent of Sublandlord hereunder, which consent shall not be unreasonably withheld. Subtenant shall submit its plans, including floor load calculations, proposed plans for such the Alterations to both Prime Landlord at least and Sublandlord concurrently. If Sublandlord fails to respond to the proposed Alterations within ten (10) business days prior after such submission, then Sublandlord shall be deemed to commencement of construction have approved the proposed Alterations; if Sublandlord does respond within said ten (10) business day period with its disapproval of such Alterations, Sublandlord shall notify Subtenant in detail of the basis for its objections and what modifications to the Alterations (except would make them acceptable to Sublandlord. The approval or disapproval of the Alterations by Sublandlord shall not affect Prime Landlord’s approval rights under the Prime Landlord’s Consent and Sublandlord’s consent is not required for Alterations which do not require Prime Landlord’s consent under the Prime Landlord’s Consent. Sublandlord shall have no liability or obligation whatsoever with respect to any Alterations. Subtenant shall provide Sublandlord with the same supplemental insurance, if any, required by Prime Landlord under the Prime Landlord Consent, which shall expressly name Sublandlord as an additional insured. Subtenant shall not be permitted to decorative itemsinstall and make part of the Subleased Premises any materials, minor repairs fixtures or installations of articles which are subject to liens, conditional sales contracts or chattel mortgages other than trade fixtures, furniture and equipment for which plans are not requiredequipment. If Subtenant makes any Alterations without Sublandlord’s approval (or deemed approval) hereunder and subject to Prime Landlord’s consent under the Prime Landlord’s Consent, or fails to fulfill any condition on such Alterations expressly imposed by this Sublease or Prime Landlord’s Consent, then Sublandlord, at its option, may restore the Subleased Premises to its condition prior to the extent required under Paragraph 8.1(b)Alterations at Subtenant’s sole cost and expense. Alterations shall be scheduled through Landlord and each The installation of Tenant’s contractors shall cooperate and coordinate with Landlord and Landlord’s contractor so furnishings, unaffixed moveable fixtures, equipment, or decorative improvements that there shall be no disruption of the do not affect Building Systems utility, Building Systems, mechanical or Service Facilities or of any other construction on or in the Park Place Project. Within ten (10) days after receipt of the plans for Alterations, Landlord shall inform Tenant, in good faith, whether such Alterations will create a Design Problem. If Landlord indicates that such Alterations will create a Design Problem, Landlord will have five (5) additional days to inform Tenant of its disapproval, and the specific Design Problems which are the reasons for such disapproval, and what changes or conditions could be made or satisfied to eliminate the Design Problems and obtain Landlord’s approval. Under no circumstances shall Tenant make any Alterations that create a Design Problem without Landlord’s prior consent, which Landlord may withhold in its discretion.
(b) If the proposed Alterations in, to or about the Premises systems or the Building individually or cumulatively will not create a Design Problem, Tenant may make such Alterations with the prior written consent of Landlord, which Landlord shall not unreasonably withhold or delay beyond ten (10) days following request for the consent and any submittal of plans required hereunder, and which may only be conditioned upon (i) the right to reasonably approve the plans and specifications for any work provided that Landlord shall not disapprove such plans if a Design Problem is not created, (ii) the right to require reasonable supplemental construction insurance satisfactory to Landlord and naming Landlord as an additional insured, (iii) reasonable requirements as to the manner in which or the time or times at which work may be performed and (iv) the right to approve the contractor or contractors to perform the Alterations, which approval shall not be unreasonably withheld or delayed. No approval shall be required to (A) paint or cover walls, (B) for the installation of the floor covering, provided the manner of installing the floor covering is subject to Landlord approval, (C) for the installation of trade fixtures, furniture and equipment which do not create a Design Problem, or (D) for the installation of any other minor interior decorative alterations which do not create a Design Problem and do not cost in excess of $25,000.00 per job, provided that any such painting or installation shall be subject to the notice requirement set forth in Paragraph 8.1(a).
(c) All Alterations shall be compatible with the Park Place Project and completed in accordance with Landlord’s reasonable, non-discriminatory requirements, Applicable Laws, all applicable rules, regulations and requirements of governmental authorities and all applicable reasonable rules, regulations and requirements of insurance carriers. The outside appearance structure of the Building shall not be affected by any Alteration, the use of the Building shall not be materially, adversely affected by any Alteration and no Alteration shall materially weaken or impair the structural strength of the Building or create the potential for unusual expenses to be incurred upon the removal of the Alterations and the restoration of the Premises upon the termination of this Lease unless Tenant agrees to pay for the incremental removal cost caused by the non-typical constitute Alterations. No part of the Building outside of the Premises shall be materially, adversely affected by any Alteration; the proper functioning of the Building structure, Building Systems and Service Facilities shall not be materially, adversely affected by any Alteration (nor shall any Alteration involve or permit the installation of equipment or other fixtures or improvements which exceeds the capacities of the Building structure or Building Systems unless Tenant authorizes Landlord to modify, at Tenant’s expense, the Building Systems to increase such capacity and such modification does not otherwise create a Design Problem) and there shall be no Alteration which materially, adversely interferes with Landlord’s free access to the Building Systems or materially, adversely interferes with the moving of Landlord’s equipment to or from the enclosures containing the Building Systems. No Alteration shall materially, adversely affect any other tenant or occupant of the Project. Any Alteration that violates any of the foregoing restrictions of this Paragraph 8.1(c) shall be deemed to create a “Design Problem.”
Appears in 1 contract
RESTRICTION ON ALTERATIONS. (a) The construction of the initial Tenant Improvements to the Premises shall be governed by the terms of the Tenant Improvement Letter attached hereto as Exhibit “E.” Tenant may make alterations, additions or improvements to the Premises after the Commencement Date (collectively, “"Tenant Alterations”") which do not create a Design Problem (as defined in Paragraph 8.1(c))not, individually or cumulatively, materially and adversely affect the Building Systems or Service Facilities provided Tenant submits its plans, including floor load calculationscalculations in the event heavy equipment is part of such plans, for such Alterations alterations to Landlord at least ten thirty (1030) business days prior to commencement of construction of such Tenant Alterations (except as to decorative items, minor repairs or installations of trade fixtures, fixtures and furniture and equipment for which plans are not required) ). Without limiting the foregoing, any Tenant Alterations which increase the floor load, electrical, plumbing or HVAC requirements over the capacities of such Building Systems provided as of the Commencement Date shall be deemed to materially and subject to Landlord’s consent to adversely affect the extent required under Paragraph Building Systems for purposes of this Article 8 only, and such Tenant --------- Alterations shall only be made, if at all, by Tenant if Tenant complies with the requirements of Section 8.1(b). Alterations shall be scheduled through Landlord and each of Tenant’s contractors shall cooperate and coordinate with Landlord and Landlord’s contractor so that there shall be no disruption of the Building Systems or Service Facilities or of any other construction on or in the Park Place Project. Within ten fifteen (1015) days after receipt of -------------- the plans for Alterationsalterations, Landlord shall inform Tenant, in good faith, whether such Tenant Alterations will create a Design Problem(for purposes of this Article 8) materially and --------- adversely affect the Building Systems or Service Facilities. If Landlord indicates that such Tenant Alterations will create a Design Problemso affect the Building Systems or Service Facilities, Landlord will have five (5) additional business days to inform Tenant of its disapprovalapproval or disapproval thereof, and the if disapproved, Landlord will detail specific Design Problems which are the reasons for such conditions of Landlord's disapproval, and what changes or conditions could be made or satisfied to eliminate the Design Problems and obtain Landlord’s approval. Under no circumstances shall Tenant make any Alterations that create a Design Problem without Landlord’s prior consent, which Landlord may withhold in its discretion.
(b) If the proposed Tenant shall make no Tenant Alterations inwhich, to individually or about the Premises or cumulatively, may have a material and adverse effect on the Building individually Systems or cumulatively will not create a Design Problem, Tenant may make such Alterations with Service Facilities without the prior written consent of Landlord, which and Landlord shall not unreasonably withhold may impose as a condition to such consent such requirements as Landlord, in its reasonable discretion, may deem necessary or delay beyond ten (10) days following request for the consent and any submittal of plans required hereunderdesirable, and which may only be conditioned upon including without limitation, (i) the right to reasonably approve the plans and specifications for any work provided to insure, among other things, that Landlord shall such work will not disapprove such plans if a Design Problem is not createdmaterially and adversely affect the Building Systems, (ii) the right to require reasonable supplemental construction insurance reasonably satisfactory to Landlord and naming Landlord as an additional insured, (iii) the right to require reasonable security (including assurance of the availability of sufficient funds of Tenant) for the full payment for any work which costs in excess of $100,000, and (iv) reasonable requirements as to the manner in which or the time or times at which work may be performed and (iv) performed. Tenant acknowledges that Landlord shall have the sole right to approve the contractor or contractors to perform the Alterations, which approval shall not be unreasonably withheld or delayed. No approval shall be all Tenant Alterations required to be approved by Landlord. In the event that Landlord acts as general contractor, Tenant shall pay Landlord a fee equal to ten percent (A10%) paint or cover walls, (B) for the installation of the floor coveringconstruction costs of such Tenant Alterations. In the event that Landlord does not act as general contractor, provided Tenant shall pay Landlord a supervisory fee equal to three percent (3%) of the manner construction costs of installing the floor covering is subject to such Tenant Alterations. Landlord approval, (C) agrees that all contracts for the installation of trade fixtures, furniture and equipment which do not create a Design Problem, or (D) for the installation of any other minor interior decorative alterations which do not create a Design Problem and do not cost in excess of $25,000.00 per job, provided that any such painting or installation Tenant Alterations shall be subject to the notice requirement set forth in Paragraph 8.1(a).
(c) a reasonably implemented competitive bidding process. All Tenant Alterations shall be compatible with the Park Place Project a first-class office building complex and completed in accordance with Landlord’s reasonable, non-discriminatory requirements, Applicable Laws, 's requirements as set forth herein and all applicable rules, regulations and requirements of governmental authorities and all applicable reasonable rules, regulations and requirements of insurance carriers. The outside appearance In addition to general contractor or supervisory fees, Tenant shall pay to Landlord all out-of-pocket costs and fees reasonably incurred by Landlord together with reasonable allocations of in-house staff costs for reviewing and inspecting all Tenant Alterations to assure full compliance with all of Landlord's requirements, which charges shall not, in the aggregate, exceed three percent (3%) of the Building total design and construction costs of the Tenant Alterations being reviewed (provided that such limitation on Landlord's charges shall apply only if the plans for such Tenant Alterations submitted by Tenant are reasonably precise and suitable for final review for both engineering and design). Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are safe or that the same comply with any applicable laws, ordinances, codes, rules or regulations. Further, Tenant shall indemnify, protect, defend and hold Landlord harmless from any loss, cost or expense, including attorneys' fees and costs, incurred by Landlord as a result of any defects in design, materials or workmanship resulting from Tenant Alterations, except to the extent such defects are caused by Landlord, its agents, contractors, servants or employees. If Tenant desires to install any rooftop equipment, Tenant may submit, and the parties shall process, such request as a Tenant Alteration requiring Landlord consent pursuant to this Article 8.
(c) Landlord shall provide Tenant with copies of all material contracts, receipts, paid vouchers, and any other documentation (including, without limitation, "as-built" drawings to the extent such drawings are reasonably available to Landlord, air/water balancing reports, permits and inspection certificates) in connection with the construction of such Tenant Alterations. Tenant shall promptly pay all costs incurred in connection with all Tenant Alterations and shall not permit the filing of any mechanic's lien or other lien in connection with any Tenant Alterations. Tenant shall be affected responsible for paying the general contractor's overhead and fee in connection with the work performed pursuant to this Article 8. If a mechanic's lien or --------- other lien is filed against the Building or the Project as a result of Tenant Alterations made by or on behalf of Tenant, Tenant shall discharge or cause to be discharged (by bond or otherwise) such lien within ten (10) days after Tenant receives notice of the filing thereof and shall not allow any such lien to be foreclosed upon, although Tenant shall otherwise be entitled to contest the validity of any such lien. If a mechanic's lien or other lien is filed against the Land, the Building or the Project as a result of Tenant Alterations made by or on behalf of Tenant and Tenant fails to timely discharge such lien, Landlord may, without waiving its rights and remedies based on such breach of Tenant and without releasing Tenant from any of its obligations, cause such liens to be released by any Alterationmeans it shall deem proper, including payment in satisfaction of the claim giving rise to such lien. Tenant shall pay to Landlord within fifteen (15) days following notice by Landlord, any sum paid by Landlord to remove such liens, together with interest at Landlord's cost of money from the date of such payment by Landlord. The parties acknowledge that the filing of a preliminary notice is not in and of itself the filing of a mechanic's lien. Notwithstanding the foregoing, if Tenant has made payment to Landlord for the cost of any Tenant Alterations or portion thereof, and Landlord fails to forward such payment to a contractor or subcontractor, Landlord shall be solely responsible for a mechanics' lien filed as a result of such nonpayment. Any increase in any tax, assessment or charge levied or assessed as a result of any Tenant Alterations shall be payable by Tenant in accordance with Article 10. ----------
(d) Notwithstanding anything in the foregoing to the contrary (i) the outside appearance, character or use of the Building shall not be materially, adversely affected by any Alteration Tenant Alteration, and no Tenant Alteration shall materially weaken or impair the structural strength or, in the reasonable opinion of Landlord, materially lessen the value of the Building or create the potential for unusual expenses to be incurred upon the removal of the Tenant Alterations and the restoration of the Premises upon the termination of this Lease (unless Tenant agrees to pay for the incremental removal cost caused by the non-typical Alterations. No therefor); (ii) no part of the Building outside of the Premises shall be materially, adversely adversely, physically affected by any Tenant Alteration; and (iii) the proper functioning of the Building structure, Building Systems and Service Facilities shall not be materially, adversely affected by any Tenant Alteration (nor shall any Alteration involve or permit the installation of equipment or other fixtures or improvements which exceeds the capacities of the Building structure or Building Systems unless Tenant authorizes Landlord to modify, at Tenant’s expense, the Building Systems to increase such capacity and such modification does not otherwise create a Design Problem) and there shall be no Tenant Alteration which materially, adversely interferes with Landlord’s 's free access to the Building Systems or materially, adversely interferes with the moving of Landlord’s 's equipment to or from the enclosures containing the Building Systems. No Alteration ; (iv) in performing the work involved in making such Tenant Alterations, Tenant shall materially, adversely affect any other tenant or occupant be bound by and observe all of the Projectconditions and covenants contained in this Article 8; (v) all work shall be done --------- at such times and in such manner as Landlord from time to time may reasonably designate; and (vi) Tenant shall not be permitted to install and make part of the Premises any materials, fixtures or articles which are subject to liens, conditional sales contracts or chattel mortgages other than trade fixtures, furniture and equipment. In connection with Landlord's approval of any Tenant Alteration, Landlord shall have the right to advise Tenant that such Tenant Alteration must be removed by Tenant upon the expiration or termination of this Lease, provided that Landlord agrees not to impose such requirement if Landlord determines that such Tenant Alterations do not impair the functionality of the Premises or the portion thereof affected. If Tenant proceeds to implement such Tenant Alteration, Tenant shall be obligation to remove such Tenant Alteration in accordance with Section 8.2 below.
(e) Tenant acknowledges that the exterior rooftop areas on the third floor of the Premises are not intended to be used as balconies. Should Tenant desire to use such areas as balconies, Tenant shall be solely responsible for seeking and obtaining all necessary permits and approvals. Any Alteration that violates any of Tenant Alterations in connection with converting such areas to usable balconies shall be subject to the foregoing restrictions provisions of this Paragraph 8.1(c) Article 8. The completion of any such conversion shall be deemed to create a “Design Problemnot cause an increase in Basic Rent or in Tenant's share of Operating Expenses.”
Appears in 1 contract
Samples: Lease (Global Crossing LTD)
RESTRICTION ON ALTERATIONS. (a) The construction 2.7.1 Not to make any structural alterations to the Demised Premises or any part thereof nor to erect any new buildings or extensions thereon and without prejudice to the generality of the initial Tenant Improvements foregoing not to install any outlets for pipes wires cables or flues through the walls doors or windows of the Demised Premises shall (save as hereinafter contained) Provided always that the cutting of one or more doors similar openings in a wall or walls separating the Demised Premises from any adjoining premises
2.7.2 Not without the previous consent in writing of the Landlord such consent not to be governed unreasonably withheld or delayed (and then only in accordance with plans previously approved in writing by the terms of the Tenant Improvement Letter attached hereto as Exhibit “E.” Tenant may make alterations, additions Landlord such approval not to be unreasonably withheld or improvements to the Premises after the Commencement Date (collectively, “Alterations”) which do not create a Design Problem (as defined in Paragraph 8.1(c)), provided Tenant submits its plans, including floor load calculations, for such Alterations to Landlord at least ten (10) business days prior to commencement of construction of such Alterations (except as to decorative items, minor repairs or installations of trade fixtures, furniture and equipment for which plans are not required) delayed and subject to Landlord’s conditions reasonably imposed by and under the supervision and to the reasonable satisfaction of the Landlord or its Surveyors or Architects) to make any non-structural alterations or additions to the Demised Premises (excepting the installation of or alterations to internal demountable partitioning for which no consent will be necessary) and if required by the Landlord to reinstate all such approved alterations and modifications (including demountable partitioning) at the end of the Term (or (if earlier) in the case of works to create an opening in walls separating the Demised Premises from adjoining premises occupied by the Tenant the date on which the adjoining premises cease to be occupied by the Tenant) to the reasonable satisfaction of the Landlord or its Surveyor.
2.7.3 At the expiry of the Term (howsoever determined) (or (if earlier) in the case of works to create an opening in walls separating the Demised Premises from adjoining premises occupied by the Tenant the date on which the adjoining premises cease to be occupied by the Tenant) if and to the extent required under Paragraph 8.1(b). Alterations shall be scheduled through by the Landlord and each of Tenant’s contractors shall cooperate and coordinate with Landlord and Landlord’s contractor so that there shall be no disruption of to remove all alterations or additions made to the Building Systems or Service Facilities or of any other construction on or in the Park Place Project. Within ten (10) days after receipt of the plans for Alterations, Landlord shall inform Tenant, in good faith, whether such Alterations will create a Design Problem. If Landlord indicates that such Alterations will create a Design Problem, Landlord will have five (5) additional days to inform Tenant of its disapproval, and the specific Design Problems which are the reasons for such disapproval, and what changes or conditions could be made or satisfied to eliminate the Design Problems and obtain Landlord’s approval. Under no circumstances shall Tenant make any Alterations that create a Design Problem without Landlord’s prior consent, which Landlord may withhold in its discretion.
(b) If the proposed Alterations in, to or about the Demised Premises or any part by the Building individually Tenant or cumulatively will not create a Design Problem, Tenant may make such Alterations with the its predecessors in title prior written consent of Landlord, which Landlord shall not unreasonably withhold or delay beyond ten (10) days following request for the consent and any submittal of plans required hereunder, and which may only be conditioned upon (i) the right to reasonably approve the plans and specifications for any work provided that Landlord shall not disapprove such plans if a Design Problem is not created, (ii) the right to require reasonable supplemental construction insurance satisfactory to Landlord and naming Landlord as an additional insured, (iii) reasonable requirements as to the manner in which or the time or times at which work may be performed and (iv) the right to approve the contractor or contractors to perform the Alterations, which approval shall not be unreasonably withheld or delayed. No approval shall be required to (A) paint or cover walls, (B) for the installation of the floor covering, provided the manner of installing the floor covering is subject to Landlord approval, (C) for the installation of trade fixtures, furniture and equipment which do not create a Design Problem, or (D) for the installation of any other minor interior decorative alterations which do not create a Design Problem and do not cost in excess of $25,000.00 per job, provided that any such painting or installation shall be subject to the notice requirement set forth in Paragraph 8.1(a).
(c) All Alterations shall be compatible with the Park Place Project and completed in accordance with Landlord’s reasonable, non-discriminatory requirements, Applicable Laws, all applicable rules, regulations and requirements of governmental authorities and all applicable reasonable rules, regulations and requirements of insurance carriers. The outside appearance of the Building shall not be affected by any Alteration, the use of the Building shall not be materially, adversely affected by any Alteration and no Alteration shall materially weaken or impair the structural strength of the Building or create the potential for unusual expenses to be incurred upon the removal of the Alterations and the restoration of the Premises upon the termination date of this Lease unless Tenant agrees pursuant to pay for the incremental removal cost caused by the non-typical Alterations. No part any previous tenancy of the Building outside Demised Premises under which the tenant or any predecessor in title of the Tenant was permitted to carry out alterations to the Demised Premises shall be materially, adversely affected by any Alteration; subject to a liability to reinstate and where the proper functioning Tenant or the predecessor in title did not reinstate the alterations on the determination of that tenancy and to restore and make good the Demised Premises in a good and workmanlike manner to the condition and design which existed before the alterations were made to the reasonable satisfaction of the Building structure, Building Systems and Service Facilities shall not be materially, adversely affected by any Alteration (nor shall any Alteration involve Landlord or permit the installation of equipment or other fixtures or improvements which exceeds the capacities of the Building structure or Building Systems unless Tenant authorizes Landlord to modify, at Tenant’s expense, the Building Systems to increase such capacity and such modification does not otherwise create a Design Problem) and there shall be no Alteration which materially, adversely interferes with Landlord’s free access to the Building Systems or materially, adversely interferes with the moving of Landlord’s equipment to or from the enclosures containing the Building Systems. No Alteration shall materially, adversely affect any other tenant or occupant of the Project. Any Alteration that violates any of the foregoing restrictions of this Paragraph 8.1(c) shall be deemed to create a “Design Problemits surveyor.”
Appears in 1 contract
RESTRICTION ON ALTERATIONS. (a) The construction of the initial Tenant Improvements to the Premises shall be governed by the terms of the Tenant Improvement Letter attached hereto as Exhibit “E.D.” Tenant may make alterations, additions or improvements to the Premises after the Commencement Occupancy Date (collectively, “Alterations”) which do not create a Design Problem (as defined in Paragraph 8.1(c)), provided Tenant submits its plans, including floor load calculations, for such Alterations to Landlord at least ten (10) business days prior to commencement of construction of such Alterations (except as to decorative items, minor repairs or installations of trade fixtures, furniture and equipment for which plans are not required) and subject to Landlord’s consent to the extent required under Paragraph 8.1(b). Alterations shall be scheduled through Landlord and each of Tenant’s contractors shall cooperate and coordinate with Landlord and Landlord’s contractor so that there shall be no disruption of the Building Systems or Service Facilities or of any other construction on or in the Park Place Project. Within ten (10) days after receipt of the plans for Alterations, Landlord shall inform Tenant, in good faith, whether such Alterations will create a Design Problem. If Landlord indicates that such Alterations will create a Design Problem, Landlord will have five (5) additional days to inform Tenant of its disapproval, and the specific Design Problems which are the reasons for such disapproval, and what changes or conditions could be made or satisfied to eliminate the Design Problems and obtain Landlord’s approval. Under no circumstances shall Tenant make any Alterations that create a Design Problem without Landlord’s prior consent, which Landlord may withhold in its discretion.
(b) If the proposed Alterations in, to or about the Premises or the Building individually or cumulatively will not create a Design Problem, Tenant may make such Alterations with the prior written consent of Landlord, which Landlord shall not unreasonably withhold or delay beyond ten (10) days following request for the consent and any submittal of plans required hereunder, and which may only be conditioned upon (i) the right to reasonably approve the plans and specifications for any work provided that Landlord shall not disapprove such plans if a Design Problem is not created, (ii) the right to require reasonable supplemental construction insurance satisfactory to Landlord and naming Landlord as an additional insured, (iii) reasonable requirements as to the manner in which or the time or times at which work may be performed and (iv) the right to approve the contractor or contractors to perform the Alterations, which approval shall not be unreasonably withheld or delayed. No approval shall be required to (A) paint or cover walls, (B) for the installation of the floor covering, provided the manner of installing the floor covering is subject to Landlord approval, (C) for the installation of trade fixtures, furniture and equipment which do not create a Design Problem, or (D) for the installation of any other minor interior decorative alterations which do not create a Design Problem and Problem, do not cost in excess of $25,000.00 per jobjob and do not require the issuance of any permits, provided that any such painting or installation minor alterations shall be subject to the notice requirement set forth in Paragraph 8.1(a).
(c) All Alterations shall be compatible with the Park Place Project and completed in accordance with Landlord’s reasonable, non-discriminatory requirements, Applicable Laws, all applicable rules, regulations and requirements of governmental authorities and all applicable reasonable rules, regulations and requirements of insurance carriers. The outside appearance of the Building shall not be affected by any Alteration, the use of the Building shall not be materially, adversely affected by any Alteration and no Alteration shall materially weaken or impair the structural strength of the Building or create the potential for unusual expenses to be incurred upon the removal of the Alterations and the restoration of the Premises upon the termination of this Lease unless Tenant agrees to pay for the incremental removal cost caused by the non-typical Alterations. No part of the Building outside of the Premises shall be materially, adversely affected by any Alteration; the proper functioning of the Building structure, Building Systems and Service Facilities shall not be materially, adversely affected by any Alteration (nor shall any Alteration involve or permit the installation of equipment or other fixtures or improvements which exceeds the capacities of the Building structure or Building Systems unless Tenant authorizes Landlord to modify, at Tenant’s expense, the Building Systems to increase such capacity and such modification does not otherwise create a Design Problem) and there shall be no Alteration which materially, adversely interferes with Landlord’s free access to the Building Systems or materially, adversely interferes with the moving of Landlord’s equipment to or from the enclosures containing the Building Systems. No Alteration shall materially, adversely affect any other tenant or occupant of the Project. Any Alteration that violates any of the foregoing restrictions of this Paragraph 8.1(c) shall be deemed to create a “Design Problem.”
Appears in 1 contract
Samples: Office Lease (Genius Products Inc)
