RIGHT OF TENANT TO MAKE ALTERATIONS AND IMPROVEMENTS. 21.1 The Tenant may make alterations, additions or improvements to the Building only with the prior written consent of the Landlord, which consent shall not be unreasonably withheld, provided such alterations, additions or improvements do not require structural changes in the Building, or do not lessen the value of the Leased Premises or the Building. Any consent which Landlord may given shall be conditioned upon Tenant furnishing to Landlord, detailed plans and specifications with respect to any such changes, to be approved by Landlord in writing. As a condition of such consent, Landlord reserves the right to require Tenant to remove, at Tenant's sole cost and expense, any such alterations or additions prior to the expiration of the lease term, which election shall be made by Landlord at the time it gives its consent to any 25 29 such alteration or addition. If Landlord does not require such removal, any such alterations or additions shall be deemed to be part of the realty upon installation, provided that Tenant, at its option, shall have the right to remove the same, provided it shall be responsible to repair any damage to the Leased Premises or the Building occasioned by such removal, provided such removal is made prior to the expiration of the lease term. All such alterations, additions or improvements shall be only in conformity with applicable governmental and insurance company requirements and regulations applicable to the Leased Premises. Tenant shall hold and save Landlord harmless and indemnify Landlord against any claim for damage or injury in connection with any of the foregoing work which Tenant may make as hereinabove provided. 21.2 Nothing herein contained shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of New Jersey, it being expressly understood that the Landlord's estate shall not be subject to such liability. 21.3 It is expressly understood and agreed that in the event alterations or improvements required by Tenant are performed by Landlord's designated contractor, Tenant shall make payments to said contractor strictly in accordance with the agreement entered into between said parties. Default in payment by Tenant under said construction contract shall be deemed to be a default under this lease for which Landlord shall have the right of termination as hereinbefore set forth in Article 17.
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RIGHT OF TENANT TO MAKE ALTERATIONS AND IMPROVEMENTS. 21.1 The Tenant may make alterations, additions or improvements to the Building Leased Premises only with the prior written consent of the Landlord, which consent shall not be unreasonably withheld, provided such alterations, additions or improvements do not require structural changes in the BuildingLeased Premises, or in the mechanical systems serving said Leased Premises, or do not lessen the value of the Leased Premises or the Building. Any consent which Landlord may given give shall be conditioned upon Tenant furnishing to Landlord, detailed plans and specifications with respect to any such changes, to be approved by Landlord in writing. As a condition of such consent, Landlord reserves the right to require Tenant to remove, at Tenant's sole cost and expense, any such alterations or additions prior to the expiration of the lease term, which election shall be made by Landlord at the time it gives its consent to any 25 29 such alteration or addition. If Landlord does not require such removal, any such alterations or additions shall be deemed to be part of the realty upon installation, provided that Tenant, at its option, shall have the right to remove the same, provided it shall be responsible to repair any damage to the Leased Premises or the Building occasioned by such removal, provided such removal is made prior to the expiration of the lease term. All such alterations, additions or improvements shall be only in conformity with applicable governmental and insurance company requirements and regulations applicable to the Leased Premises. Tenant shall hold and save Landlord harmless and indemnify Landlord against any claim for damage or injury in connection with any of the foregoing work which Tenant may make as hereinabove provided.
21.2 Nothing herein contained shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of New Jersey, it being expressly understood that the Landlord's estate shall not be subject to such liability.
21.3 It is expressly understood and agreed that in the event alterations or improvements required by Tenant are performed by Landlord's designated contractor, Tenant shall make payments to said contractor strictly in accordance with the agreement entered into between said parties. Default in payment by Tenant under said construction contract shall be deemed to be a default under this lease for which Landlord shall have the right of termination as hereinbefore set forth in Article 17.
Appears in 1 contract
Samples: Lease Agreement (Loehmanns Inc)
RIGHT OF TENANT TO MAKE ALTERATIONS AND IMPROVEMENTS. 21.1 The Tenant may make alterations, additions or improvements to the Building Leased Premises only with the prior written consent of the Landlord, Landlord in each instance which consent shall not be unreasonably withheld, provided such alterations, additions or improvements do not require structural changes in the BuildingLeased Premises (except for Tenant's Work), do not involve any extension or expansion of the Building or the construction of any new building on the Land or do not in Landlord's judgment lessen the value or utility of the Leased Premises Premises, the Building or the BuildingProperty. Any consent which Landlord may given give shall be conditioned upon Tenant furnishing to Landlord, Landlord detailed plans and specifications with respect to any such changes, to be approved by Landlord in writing. As a condition of such consent, Landlord reserves the right to require Tenant to remove, at Tenant's sole cost and expense, any such alterations or additions prior to the expiration of the lease termLease term and, which election shall be made by Landlord at the time it gives its consent to for any 25 29 such alteration or additionimprovement the cost of which exceeds One Hundred Thousand ($100,000) Dollars, to deliver to Landlord a performance bond and a labor and materials payment bond from a responsible corporate surety company licensed in New Jersey. If Landlord does not require such removal, any such alterations or additions shall be deemed to be part of the realty upon installation, provided that Tenant, . If removed by Tenant at its Landlord's option, shall have the right to remove the same, provided it Tenant shall be responsible to repair any damage to the Leased Premises Premises, the Building or the Building Property occasioned by such removal, provided such removal is made prior to the expiration of the lease term. All such alterations, additions or improvements shall be only in conformity with applicable governmental and insurance company requirements and regulations applicable to the Leased Premises. Tenant shall obtain all required permits and certificates applicable to permitted alterations provide copies of same to Landlord and shall cause all work to be performed in compliance therewith. Tenant shall defend, hold and save Landlord harmless and indemnify Landlord against any claim for damage or injury in connection with any of the foregoing work which Tenant may make perform as hereinabove provided.
21.2 Nothing herein contained shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the any Construction Lien Law Law, or similar law, of the State of New Jersey, it being expressly understood that the Landlord's estate shall not be subject to such liability. Tenant shall immediately satisfy and remove or bond any contract, claim, lien, notice of record in the event same is filed or recorded against Landlord or the Land, Building or the Leased Premises.
21.3 It is expressly understood and agreed that in the event alterations or improvements required by Tenant are performed by shall pay to Landlord all of Landlord's designated contractorreasonable costs with regard to changes and alterations requiring Landlord's consent including costs or review by architects, contractors, attorneys, business or real estate consultants, or others of the proposed changes and alterations and plans, specifications and working drawings thereof.
21.4 In the case of any construction, change or alteration pursuant to this Article 21:
(a) During the period of construction of any change or alteration or any demolition or new construction, Tenant shall make payments maintain, at Tenant's expense, the following insurance:
(i) The comprehensive general liability property damage insurance described in Article 9 shall provide coverage to said contractor strictly the limits specified therein for the benefit of Landlord and Tenant as named insureds in connection with any change, alteration, addition, demolition or new construction permitted hereunder; (ii) Fire and any other applicable insurance provided for in Article 9 shall also insure any change, alteration, or addition, demolition or new construction, including all materials and equipment on or about the Property (including excavations, foundations, and footings) under an All Risk Completed Value Form or equivalent; and (iii) Worker's compensation insurance, including employer's liability insurance, in an amount not less than $1,000,000, covering all persons employed in connection with the work and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant or the Property, with statutory limits as then required under the New Jersey. These insurance requirements are equally applicable to all work involved in the restoration, repairs, replacements, or alterations to be effected in accordance with Article 14.
(b) During the agreement entered into between said partiesprogress of the construction, change or alteration, Landlord and its architects or engineers may at reasonable times inspect the work and examine all plans, drawings, and specifications relating to the same, and on request Landlord shall be furnished with copies of all such plans, drawings and specifications. Default in payment The reasonable charges of any attorney architect, engineer, or construction or real estate specialist employed by Landlord to pass upon any plans, drawings and specifications, to supervise or approve any construction, or to render any other service contemplated by this Lease with regard to construction, alterations, or improvements requiring Landlord's consent, shall be paid by Tenant under said construction contract as additional rent due within twenty (20) days of demand.
(c) No construction, change or alteration shall, without the prior written consent of Landlord, when completed, tie in or connect the Property with any other building or any adjoining property.
(d) No construction, change or alteration shall be deemed to be a default under this lease undertaken until Tenant shall have procured and paid for which all required permits and authorizations of all municipal departments and governmental subdivisions having jurisdiction. Landlord shall have join in the right of termination as hereinbefore set forth application for such permits or authorizations whenever necessary, but without any liability or expense to Landlord, (e) Any construction, change or alteration shall be constructed and made promptly, in good workmanlike manner, and in compliance with all applicable permits and authorizations, building and zoning Laws.
21.5 No consent or approval given or deemed given by Landlord pursuant to Article 1721 or otherwise shall constitute a representation or warranty that such alteration, improvement or other matter (or any plans or specifications therefore) are in compliance with applicable Laws or are sufficient for Tenant's needs or purposes.
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RIGHT OF TENANT TO MAKE ALTERATIONS AND IMPROVEMENTS. 21.1 The Tenant may not make alterations, additions or improvements to the Building only with Leased Premises, or change the prior written door locks or window coverings, or in any way alter access to the Leased Premises without the consent of the Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, provided such that Tenant's proposed alterations, additions or improvements do not require structural changes in the Building, or do not lessen decrease the value of the Leased Premises Premises. Landlord agrees to review any alterations, additions, or improvements proposed by Tenant within 15 days of receipt of plans and specifications, and advise Tenant of its decision. Landlord shall also, in the Building. Any consent which Landlord may given event it gives consent, advise the Tenant whether Tenant shall be conditioned upon Tenant furnishing to Landlord, detailed plans and specifications with respect to any such changes, to be approved by Landlord in writing. As a condition of such consent, Landlord reserves the right to require Tenant to remove, at Tenant's sole cost and expense, any such alterations or additions prior to the expiration of the lease term, which election shall be made by Landlord at the time it gives its consent to any 25 29 such alteration or addition. If Landlord does not require such removal, any such alterations or additions shall be deemed to be part of the realty upon installation, provided that Tenant, at its option, shall have the right required to remove the samealterations, provided it shall be responsible to repair any damage to additions or improvements at the termination of the Lease and restore the Leased Premises or the Building occasioned by such removal, provided such removal is made to its state prior to the expiration of the lease term. All making such alterations, additions or improvements improvements. Should Landlord fail to respond Initial: Landlord Tenant (SNS) Lease Version Date: July 31, 2006 within 15 days of receipt of plans and specifications, the plans and specifications shall be only in conformity with applicable governmental and insurance company requirements and regulations applicable deemed approved. Any approval given is not intended to subject the Leased PremisesLandlord's property to liability under any lien law. Tenant shall hold be responsible for obtaining at its own cost and save expense all licenses, permits and approvals that may be required by any governmental entity having jurisdiction over the approved alterations, additions and/or improvements. Tenant shall furnish to Landlord harmless and indemnify Landlord against as-built drawings of any claim for damage or injury in connection with any of the foregoing work which Tenant may make as hereinabove provided.
21.2 Nothing herein contained shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of New Jerseyalterations, it being expressly understood that the Landlord's estate shall not be subject to such liability.
21.3 It is expressly understood and agreed that in the event alterations additions or improvements required by Tenant which are performed by Landlord's designated contractor, Tenant shall make payments to said contractor strictly in accordance with the agreement entered into between said parties. Default in payment by Tenant under said construction contract shall be deemed to be a default under this lease for which Landlord shall have the right of termination as hereinbefore set forth in Article 17made.
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RIGHT OF TENANT TO MAKE ALTERATIONS AND IMPROVEMENTS. 21.1 The (a) Tenant may not make alterations, additions or improvements (for purposes of this Section 19, "IMPROVEMENTS") to the Leased Premises, the Building only with or the prior Project which require any governmental approval or permit, including, without limitation, site plan approval or a building, plumbing or electrical permit, without the written consent of the Landlord, which . Landlord's consent shall not be unreasonably withheld, provided such alterationsconditioned or delayed for non-structural Improvements which do not, additions in Landlord's reasonable opinion, adversely affect the value of the Project or improvements do not require structural changes in the Building, or do not lessen the value ability of Landlord to relet the Leased Premises Premises, and which cost, in the aggregate for all such Improvements made in any period of 12 consecutive months, less than $50,000.00. Landlord shall endeavor to issue consent or the Building. Any consent which Landlord may given shall be conditioned upon Tenant furnishing to Landlord, detailed plans and specifications with respect to any such changes, to be approved by Landlord in writing. As a condition disapproval within thirty (30) days of such consent, Landlord reserves the right to require Tenant to remove, at receipt of written request for same from Tenant's sole cost and expense, any such alterations or additions prior to the expiration of the lease term, which election shall be made by Landlord at the time it gives its consent to any 25 29 such alteration or addition. If Landlord does not require such removaltimely respond to Tenant's request, any such alterations Tenant may serve a second notice which shall advise Landlord, IN BOLD FACE TYPE, that failure to issue consent or additions disapproval within five (5) business days shall be deemed to be part of the realty upon installationapproval, provided that Tenant, at its option, shall have the right and Landlord's failure to remove the same, provided it respond within such five (5) business day period shall be responsible deemed to repair any damage be a consent to the Leased Premises or Improvements. If Landlord disapproves the Building occasioned by Improvements, Landlord shall state its reasons for such removal, provided such removal is made prior to the expiration of the lease termdisapproval. All such alterations, additions or improvements Such Improvements shall be only in conformity with applicable governmental and insurance company requirements and regulations applicable at the end of the term of this Lease shall, at the sole option of Landlord (if requested by Tenant, to be exercised at the time Landlord's consent is given or otherwise to be exercised at any time prior to the end of the term of this Lease), either be removed by Tenant or remain as property of Landlord. In the event Landlord requires that Improvements be removed, Tenant (and in the event that such Improvements have been damaged by fire or other casualty, or by condemnation or taking by eminent domain. to the extent removal is not covered by insurance proceeds of Landlord's coverage or expressly included as an element in the condemnation award) shall place the Leased Premises, the Building or the Project in substantially the same condition as prior to such Improvements (reasonable wear and tear, damage by fire or other insured casualty, or by condemnation or taking by eminent domain, and repairs which are not the responsibility of Tenant, excepted) and, if at any time Tenant does not have or maintain a tangible net worth of at least Fifty Million Dollars ($50,000,000.00), Landlord may condition its approval on, or thereafter impose the requirement of, Tenant posting financial security to assure removal and restoration. Tenant shall hold and save Cosmetic or decorative Improvements not requiring a permit are permitted on notice to Landlord harmless and indemnify Landlord against any claim but without consent. Neither consent nor removal are required for damage or injury in connection with any of the foregoing work which Tenant may make as hereinabove providedImprovements constituting Landlord's Work under this Lease.
21.2 (b) Nothing herein contained shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of New Jersey, it being expressly understood that the Landlord's estate shall not be subject to such liability. Tenant shall have no power or right to do any act or make any contract which may create or be the format for any lien, mortgage or other encumbrance upon the estate of Landlord. Upon request by Tenant, Landlord shall negotiate with any lessor or lender of Tenant, and sign in favor of such party, a subordination of Landlord's lien for unpaid rent, such subordination to be substantially in the form attached hereto and made a part hereof as SCHEDULE E, subject to such modification as shall be agreed to by Landlord and such lessor or lender in reasonable and good faith negotiation.
21.3 It is expressly understood and agreed that (c) Landlord, at no out-of-pocket cost to Landlord, shall cooperate with Tenant as reasonably required in connection with obtaining any approvals which may be required for any permitted Improvements, including, without limitation, signing such applications or affidavits as may be reasonably required. Nothing herein shall be construed to impose any financial obligation on Tenant for the event alterations costs of permits or improvements approvals required by Tenant are performed by for Landlord's designated contractor, Tenant shall make payments to said contractor strictly in accordance with the agreement entered into between said parties. Default in payment by Tenant under said construction contract shall be deemed to be a default under this lease for which Landlord shall have the right of termination work as hereinbefore set forth in Article 17.described on Schedule C.
Appears in 1 contract
RIGHT OF TENANT TO MAKE ALTERATIONS AND IMPROVEMENTS. 21.1 The Tenant may make alterations, additions or improvements to the Building only with the prior written consent of the Landlord, which consent shall not be unreasonably withheld, provided such alterations, additions or improvements do not require structural changes in the Building, or do not lessen the value of the Leased Premises or the Building. If the Landlord fails to respond to any such request within ten (10) business days, such request shall be deemed approved. Any consent which the Landlord may given give shall be conditioned upon Tenant furnishing to Landlord, detailed plans and specifications with respect to any such changes, to be approved by the Landlord in writing. As a condition of such consent, Landlord reserves the right to require Tenant to remove, at Tenant's sole cost and expense, any such alterations or additions prior to the expiration of the lease term, which election . Any such removal requirement shall be made by Landlord at expressly stated in the time it gives its consent to any 25 29 such alteration or additionLandlord's written consent. If Landlord does not require such removal, any such alterations or additions shall be deemed to be part of the realty upon installation, provided that the Tenant, at its option, shall have the right to remove the same, provided it shall be responsible to repair any damage to the Leased Premises or the Building occasioned by such removal, provided such removal is made prior to the expiration of the lease term. Notwithstanding anything hereinabove contained to the contrary, it is understood and agreed that Tenant shall have the right to make non-structural alterations, without Landlord's prior written consent, provided that (a) such alterations do not adversely affect the Building's plumbing, electrical or heating, ventilating and air conditioning systems, (b) do not require any permits or approvals and (c) will cost no more than TWENTY FIVE THOUSAND AND 00/100 ($25,000.00) DOLLARS to perform. All such alterations, additions or improvements shall be only in conformity with applicable governmental and insurance company requirements and regulations applicable to the Leased Premises. Tenant shall hold and save Landlord harmless and indemnify Landlord against any claim for damage or injury in connection with any of the foregoing work which Tenant may make as hereinabove provided.
21.2 Nothing herein contained shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of New Jersey, it being expressly understood that the Landlord's estate shall not be subject to such liability.
21.3 It is expressly understood and agreed that in the event alterations or improvements required by Tenant are performed by Landlord's designated contractor, the Tenant shall make payments to said contractor strictly in accordance with the agreement entered into between said parties. Default in payment by Tenant under said construction contract shall be deemed to be a default under this lease for which Landlord shall have the right of termination as hereinbefore set forth in Article 17.
Appears in 1 contract
Samples: Lease Agreement (Adams Respiratory Therapeutics, Inc.)
RIGHT OF TENANT TO MAKE ALTERATIONS AND IMPROVEMENTS. 21.1 The (a) Except as otherwise provided herein, the Tenant may not make alterations, additions or improvements to the Building only with Leased Premises without the prior written consent of the Landlord, which consent shall not be unreasonably withheld, provided such alterations, additions withheld or improvements do not require structural changes in the Building, or do not lessen the value of the Leased Premises or the Buildingdelayed. Any consent which Landlord may given shall be conditioned upon Tenant furnishing to Landlord, detailed plans and specifications with respect to any such changes, to be approved by Landlord in writing. As a condition of such consent, Landlord reserves the right to require Tenant to remove, at Tenant's sole cost and expense, any such alterations or additions prior to the expiration of the lease term, which election shall be made by Landlord at the time it gives its consent to any 25 29 such alteration or addition. If Landlord does not require such removal, any such alterations or additions shall be deemed to be part of the realty upon installation, provided that Tenant, at its option, shall have the right to remove the same, provided it shall be responsible to repair any damage to the Leased Premises or the Building occasioned by such removal, provided such removal is made prior to the expiration of the lease term. All such Such alterations, additions or improvements shall be only in conformity with applicable governmental and insurance company requirements and regulations applicable to at the end of the term of this Lease shall (at the sole option of the Landlord) either be removed by the Tenant or remain as part of the Leased Premises. In the event the Landlord requires that they be removed the Tenant shall hold place the Leased Premises in the same condition as it was prior to such alterations, additions or improvements (reasonable wear and save Landlord harmless and indemnify Landlord against tear excepted). Notwithstanding anything contained in this Lease to the contrary, at any claim for damage time during the term, Tenant shall have the right to make non-structural alterations or injury in connection with any additions to the interior of the foregoing work Premises without first obtaining the consent of the Landlord, the cost of which is less than $10,000.00, and subject to such limitation. Landlord hereby consents to Tenant may make making such alterations or additions to the Premises as hereinabove providedTenant deems necessary and appropriate from time to time.
21.2 (b) Nothing herein contained shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of New Jersey, it being expressly understood that the Landlord's estate shall not be subject to such liability.
21.3 It is expressly understood and agreed that in the event alterations or improvements required by Tenant are performed by Landlord's designated contractor, . The Tenant shall have no power or right to do any act or make payments to said contractor strictly in accordance with any contract which may create or be the agreement entered into between said parties. Default in payment by Tenant under said construction contract shall be deemed to be a default under this lease format for which Landlord shall have any lien, mortgage or other encumbrance upon the right estate of termination as hereinbefore set forth in Article 17the Landlord.
Appears in 1 contract
Samples: Lease Agreement (Gutbusters Pty LTD)
RIGHT OF TENANT TO MAKE ALTERATIONS AND IMPROVEMENTS. 21.1 The Upon advance notice to Landlord as to the particulars thereof, Tenant may make nonstructural alterations, additions or improvements to the Building only with Leased Premises, provided the aggregate cost of same shall be less than One Hundred Thousand ($100,000.00) Dollars, provided that no such change shall involve changing of the door locks or window coverings of an alteration of access to the Leased Premises (which changes shall require the consent of Landlord). If greater than $100,000, then Tenant must obtain the prior written consent of the Landlord, which consent shall not be unreasonably withheld, provided such withheld or delayed. Tenant shall furnish to Landlord as-built drawings of any alterations, additions or improvements do not require structural changes which are made, with an adjustment of rent applicable to any change in the Buildingcharacter of the space, such as from warehouse to office. Landlord agrees to review any alteration, addition, or do not lessen the value improvements proposed by Tenant within 10 days of the Leased Premises or the Building. Any consent which Landlord may given shall be conditioned upon Tenant furnishing to Landlord, detailed receipt of plans and specifications with respect to any such changesspecifications, to be approved by Landlord in writing. As a condition and advise Tenant of such consent, Landlord reserves the right to require Tenant to remove, at Tenant's sole cost and expense, any such alterations or additions prior to the expiration of the lease term, which election shall be made by Landlord at the time it gives its consent to any 25 29 such alteration or additiondecision. If Landlord does not require such removalrespond within ten (10) days of receipt of plans and specifications, any such alterations or additions consent shall be deemed to have been given. Any approval given is not intended to subject the Landlord’s property to liability under any lien law. Tenant shall be part of the realty upon installation, provided that Tenant, responsible for obtaining at its optionown cost and expense all licenses, permits and approvals that may be required by any governmental entity having jurisdiction over the approved alterations, additions and/or improvements. Landlord’s approval shall have the right indicate whether Tenant is required to remove the sameproposed alteration or improvement at the end of the term; provided, provided however, that even if Landlord fails to indicate such requirement, it shall may nevertheless require the alteration or improvement to be responsible removed by Tenant upon notice given not less than six (6) months prior to repair any damage the end of the term, if the Initial: Landlord ___ alteration or improvement has deteriorated beyond normal wear and tear or would otherwise constitute a nuisance or health hazard if the same were to remain in the Leased Premises or after the Building occasioned by such removal, provided such removal is made prior to the expiration end of the lease term. All such alterations; it being understood and agreed, additions or improvements however, that no deterioration beyond normal wear and tear shall be only in conformity with applicable governmental and insurance company requirements and regulations applicable to permitted by Tenant during the Leased Premises. Tenant shall hold and save Landlord harmless and indemnify Landlord against any claim for damage or injury in connection with any last six months of the foregoing work which Tenant may make as hereinabove providedterm.
21.2 Nothing herein contained shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of New Jersey, it being expressly understood that the Landlord's estate shall not be subject to such liability.
21.3 It is expressly understood and agreed that in the event alterations or improvements required by Tenant are performed by Landlord's designated contractor, Tenant shall make payments to said contractor strictly in accordance with the agreement entered into between said parties. Default in payment by Tenant under said construction contract shall be deemed to be a default under this lease for which Landlord shall have the right of termination as hereinbefore set forth in Article 17.
Appears in 1 contract
Samples: Lease Agreement (Xenogen Corp)
RIGHT OF TENANT TO MAKE ALTERATIONS AND IMPROVEMENTS. 21.1 The Tenant may make alterations, additions or improvements to the Building leased premises only with the prior written consent of the Landlord, which consent shall not be unreasonably withheld, provided such alterations, additions or improvements do not require structural changes in the Buildingleased premises, or and do not lessen the value of the Leased Premises leased premises or the Buildingbuilding. Any consent which Landlord may given Tenant shall be conditioned upon Tenant furnishing to Landlord, furnish detailed plans and specifications to Landlord with respect to any such changesalterations, additions, or improvements which Tenant may make. Landlord hereby consents to be approved by Landlord in writingthe construction floor plans annexed hereto and made a part hereof as Schedule "C". As a condition of such consent, Landlord reserves the right to require Tenant to remove, at Tenant's sole cost and expense, any such alterations or additions prior to the expiration of the lease term, which election shall be made by Landlord at term and to restore the time it gives its consent leased premises to any 25 29 the condition existing prior to the making of such alteration alterations or additionadditions. If Landlord does not require such removal, any such alterations or additions shall be deemed to be part of the realty upon installation, provided that Tenant, at its option, shall have the right to remove the same, provided it shall be responsible to repair any damage to the Leased Premises building or the Building leased premises occasioned by such removal, and provided such removal is made prior to the expiration of the lease term. All such alterations, additions or improvements shall be made only in conformity with applicable governmental and insurance company requirements and regulations applicable to the Leased Premisesleased premises. Tenant shall hold indemnify, defend and save Landlord harmless and indemnify the Landlord against any claim for damage or injury in connection with any of the foregoing work which Tenant may make as hereinabove provided. Anything in this Article 21.1 to the contrary notwithstanding, Tenant shall not be required to obtain Landlord's prior written consent for non-structural alterations if the aggregate cost of a single alteration project shall be less than $10,000.00.
21.2 Nothing herein contained shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of New Jersey, it being expressly understood that the Landlord's estate shall not be subject to such liability.
21.3 It is expressly understood and agreed that in the event alterations or improvements required by Tenant are performed by Landlord's designated contractor, Tenant shall make payments to said contractor strictly in accordance with the agreement entered into between said parties. Default in payment by Tenant under said construction contract shall be deemed to be a default under this lease for which Landlord shall have the right of termination as hereinbefore set forth in Article 17.
Appears in 1 contract
Samples: Lease Agreement (Andrx Corp)
RIGHT OF TENANT TO MAKE ALTERATIONS AND IMPROVEMENTS. 21.1 The (a) Tenant may not make alterations, additions or improvements (for purposes of this Section 19 “Improvements”) to the Building only with which require any governmental approval or permit, including, without limitation, site plan approval or a building, plumbing or electrical permit, without the prior written consent of the Landlord, which . Landlord’s consent shall not be unreasonably withheldwithheld for non-structural Improvements which do not, provided such alterationsin Landlord’s reasonable opinion, additions or improvements do not require structural changes in the Building, or do not lessen materially and adversely affect the value of the Leased Premises Building. Improvements not requiring governmental approval or permits may be made on notice to Landlord accompanied by plans and specifications, if applicable, and Landlord shall have ten (10) business days within which to advise Tenant that Landlord believes that such Improvements materially and adversely affects the value of the Building. Any If Landlord and Tenant cannot in good faith discussion resolve the issue with two (2) business days, the procedures set forth in Subparagraph 5(a)(2) of this Lease may be invoked by either party. Cosmetic improvements, such as interior painting and replacement of floor coverings shall not require notice to or approval of Landlord. In the case of Improvements which require governmental approvals or permits, Landlord will cooperate at Tenant’s expense with all requested applications for such permits and approvals. Landlord shall endeavor to issue consent or disapproval in cases where consent is required within thirty (30) days of receipt of the later of (i) written request for same from Tenant which Landlord may given shall be conditioned upon Tenant furnishing to Landlord, detailed request is accompanied by plans and specifications with respect to any or (ii) such changes, to other information regarding such proposed Improvements as may reasonably be approved requested by Landlord in writingLandlord. As a condition of such consent, Landlord reserves the right to require Tenant to remove, at Tenant's sole cost and expense, any such alterations or additions prior to the expiration of the lease term, which election Such Improvements shall be in made by Landlord at the time it gives its consent to any 25 29 such alteration or addition. If Landlord does not require such removal, any such alterations or additions shall be deemed to be part of the realty upon installation, provided that Tenant, at its option, shall have the right to remove the same, provided it shall be responsible to repair any damage to the Leased Premises or the Building occasioned by such removal, provided such removal is made prior to the expiration of the lease term. All such alterations, additions or improvements shall be only in conformity with applicable governmental and insurance company requirements and regulations applicable at the end of the term of this Lease shall (at the sole option of Landlord, if requested by Tenant to be exercised at the time Landlord’s consent is given) either be removed by Tenant or remain as property of the Landlord. In the event Landlord requires that Improvements be removed Tenant shall place the Building in the same condition as prior to such Improvements (reasonable wear and tear excepted) and may condition its approval on Tenant posting financial security to assure removal and restoration. Cosmetic or decorative Improvements not requiring a permit are permitted on notice to Landlord but without consent. Notwithstanding the foregoing, Landlord’s consent to an expansion of the parking lot shall not be withheld provided that (i) the plans for such expansion comply with all other provisions of this subparagraph, (ii) the specifications for the improvement of such parking area expansion are equal to or better than the specifications for the original parking area improvements, and (iii) any contractor(s) for the parking lot expansion shall be subject to Landlord’s approval which approval shall not be unreasonably withheld, conditioned or delayed. Upon completion of any Improvements, cosmetic Improvements excluded, Tenant shall deliver to Landlord as-built plans for such Improvement in CADD format. Landlord acknowledges that Tenant intends to make non-structural interior improvements to the Leased PremisesPremises and the installation of an emergency generator as required for the operation of Tenant’s business, all at Tenant’s sole cost and expense. At the request of Tenant and at no out of pocket cost to Landlord, Landlord shall hold cooperate with Tenant’s efforts to obtain municipal approvals as reasonably required. Landlord hereby consents to, and save Landlord harmless shall make provision in the Final Plans for, the an emergency generator and indemnify Landlord against any claim for damage or injury in connection with any related day tank to be installed by Tenant as part of the foregoing work which Tenant may make as hereinabove providedTenant’s improvements.
21.2 (b) Nothing herein contained shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to any lien or liability under the Construction Lien Law of the State of New Jersey, it being expressly understood that the Landlord's ’s estate shall not be subject to any such lien or liability.
21.3 It is expressly understood and agreed that in the event alterations or improvements required by Tenant are performed by Landlord's designated contractor, . Tenant shall have no power or right to do any act or make payments to said contractor strictly in accordance with any contract that may create or be the agreement entered into between said parties. Default in payment by Tenant under said construction contract shall be deemed to be a default under this lease basis for which Landlord shall have any lien, mortgage or other encumbrance upon the right estate of termination as hereinbefore set forth in Article 17Landlord.
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Samples: Lease Agreement (PharMEDium Healthcare Holdings, Inc.)
RIGHT OF TENANT TO MAKE ALTERATIONS AND IMPROVEMENTS. 21.1 27.1 The Landlord and Tenant may agree that Tenant shall not have the right to make any alterations, additions or improvements (all hereinafter referred to as "Alterations") to the Building only Premises during the term of the Lease, except with the express prior written consent of the Landlord, which consent Landlord shall not be unreasonably withheld, provided such withhold or delay.
27.2 If Landlord consents to Tenant's request to make alterations, additions or improvements do to the Premises, Landlord shall inform Tenant at the time of its approval whether Landlord will require the requested improvements to be removed at the end of the Term, and, it is understood and agreed that the same shall be construed in accordance with the following express terms and conditions:
(i) Tenant shall submit to Landlord for prior approval copies of its proposed plans in connection with the work to be performed, the approval of which plans shall not require be unreasonably withheld or delayed by Landlord, provided that the structural integrity of the Premises shall not be materially lessened by reason thereof, nor the Building systems be impaired;
(ii) such work shall be installed and completed in a good and workmanlike manner in compliance with all applicable laws, rules, regulations and ordinances, and the specifications for such work shall equal or exceed the specifications for the original construction of the improvements under this Lease, taking into consideration any changes in construction practices and technology which may exist at the Building, or do not lessen the value time of the Leased Premises Alterations;
(iii) Tenant shall have procured and paid for all permits and licenses required in connection therewith; and
(iv) during the period when the Alterations are being made, Tenant shall maintain or the Building. Any consent which Landlord may given shall be conditioned upon Tenant furnishing require its contractors to Landlord, detailed plans and specifications maintain public liability insurance with respect to any such changesAlterations in the minimum amount ONE MILLION ($1,000,000.00) DOLLARS per occurrence.
27.3 Notwithstanding the provisions of Section 27.1 hereof, to be approved by Landlord in writing. As a condition of such consent, Landlord reserves the right to require Tenant to remove, at Tenant's sole cost and expense, any such alterations or additions prior may make Non-Structural Tenant Alterations (hereinafter defined) to the expiration Premises without the prior written consent of Landlord, provided Tenant complies with Articles 27.2 (ii) through (iv). For the lease termpurposes of this Article 27.2, which election shall be made by Landlord at the time it gives its consent to any 25 29 such alteration or addition. If Landlord does not require such removal, any such alterations or additions Non-Structural Tenant Alterations shall be deemed to be part any work which (i) does not affect or alter the outside appearance, or the strength of the realty upon installationBuilding including the foundation, provided that the roof, and the columns and beams (ii) would not require Tenant interference with primary Building systems and core areas of the Building, and (iii) would not impair or diminish existing Building systems or equipment, including but not limited to HVAC, electrical, structural, plumbing or other systems.
27.4 Landlord conditions its consent to the Tenant Alterations on Tenant, at the end of the Term or earlier termination of this Lease, either (i) restoring the Premises to its option, shall have the right to remove the same, provided it shall be responsible to repair any damage to the Leased Premises or the Building occasioned by such removal, provided such removal is made condition immediately prior to the expiration work, or (ii) paying for the cost of restoration as reasonably estimated by Landlord. Landlord shall not require restoration for any Tenant Alterations unless such work materially diminishes the value of the lease termPremises. All such alterations, additions or improvements It shall be only in conformity with applicable governmental and insurance company requirements and regulations applicable Tenant's option whether it shall perform the work pursuant to clause (i) hereof or pay the Leased Premises. Landlord the estimated cost of same pursuant to clause (ii) hereof.
27.5 Tenant shall hold and save Landlord harmless and indemnify Landlord against have no obligation for any claim for damage restoration or injury in connection with removal under any of the foregoing work which following circumstances: (i) any Non-Structural Tenant may make as hereinabove provided.
21.2 Nothing herein contained shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of New Jersey, it being expressly understood that the Landlord's estate shall not be subject to such liability.
21.3 It is expressly understood and agreed that in the event alterations or improvements required by Tenant are performed by Landlord's designated contractor, Tenant shall make payments to said contractor strictly in accordance with the agreement entered into between said parties. Default in payment by Tenant under said construction contract shall be deemed to be a default under this lease for which Landlord shall have the right of termination as hereinbefore set forth in Article 17.Alteration or;
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Samples: Lease Agreement (Computer Outsourcing Services Inc)
RIGHT OF TENANT TO MAKE ALTERATIONS AND IMPROVEMENTS. 21.1 18.1 The Tenant may make alterations, additions or improvements to the Building Leased Premises only with the prior written consent of the Landlord, which consent shall not be unreasonably withheld, provided such alterations, additions or improvements do not require structural changes in the BuildingLeased Premises, or do not lessen the value of the Leased Premises or the BuildingPremises. Any consent which Landlord may given give shall be conditioned upon Tenant furnishing to Landlord, detailed plans and specifications with respect to any such changes, to be approved by Landlord in writing. As a condition of such consent, Landlord reserves the right to require Tenant to remove, at Tenant's sole cost and expense, any such alterations or additions prior to the expiration of the lease Lease term, which election shall be made by Landlord at the time it gives its consent to any 25 29 such alteration or addition. If Landlord does not require such removal, any such alterations or additions shall be deemed to be part of the realty upon installation, provided that Tenant, at its option, shall have the right to remove the same, provided it shall be responsible to repair any damage to the Leased Premises or the Building occasioned by such removal, provided such removal is made prior to the expiration of the lease term. All such alterations, additions or improvements shall be only in conformity with applicable governmental and insurance company requirements and regulations applicable to the Leased Premises. Tenant shall hold and save Landlord harmless and indemnify Landlord against any claim for damage or injury in connection with any of the foregoing work which Tenant may make as hereinabove provided.
21.2 18.2 Nothing herein contained shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of New Jersey, it being expressly understood that the Landlord's estate shall not be subject to such liability.
21.3 18.3 It is expressly understood and agreed that in the event alterations or improvements required by Tenant are performed by Landlord's designated contractor, Tenant shall make payments to said contractor strictly in accordance with the agreement entered into between said parties. Default in payment by Tenant under said construction contract shall be deemed to be a default under this lease Lease for which Landlord shall have the right of termination as hereinbefore set forth in Article 1714.
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