Common use of Tenant Alterations Clause in Contracts

Tenant Alterations. Tenant shall not make any installations, alterations, improvements, or the like to the Premises without, in each case, first obtaining Landlord's written consent. Landlord may grant or withhold its consent in its sole and absolute discretion in the case of any proposed installation, alteration, improvements, or the like which (i) may affect the structure of the Premises, or (ii) are on the exterior of the Premises, or (iii) require cutting or drilling into the Premises, or securing of any item to any part of the Premises, or penetrating the roof. Notwithstanding the foregoing, Tenant may make purely cosmetic alterations, and other minor alterations which are: (i) non structural in nature, (ii) do not affect the Building systems in any way, (iii) do not in any way affect the exterior appearance of the Building, and (iv) cost a total during any twelve (12) month period of $50,000.00 or less ("Alterations Threshold"), without Landlord's prior written consent provided that Tenant notifies Landlord in writing of Tenant's intent to undertake the same prior to commencing any work related thereto, and further provided that the same are performed in accordance with the requirements of this Lease. Landlord will not unreasonably withhold, condition or delay its consent to any purely cosmetic alterations and other minor alterations which are non structural in nature, do not affect the Building's structures or systems in any way, and cost in excess of the Alterations Threshold to perform. All other approvals shall be in Landlord's sole and absolute discretion. For the purposes hereof, any erection, removal or relocation of walls shall be deemed to be structural in nature. Requests must be in writing and detailed to Landlord's reasonable satisfaction. Tenant shall immediately discharge any lien which is filed against the Premises, the Building or the Property as a result of work performed by or on behalf of Tenant. Tenant shall not, without Landlord's prior written consent, display any sign, logo, lettering, or the like on the outside of the Premises, or on the inside of the Premises in such a manner as to be visible from the outside. Except as expressly provided in this Section 4.04, Tenant may not make any alterations, improvements, door lock changes or other modifications to the Premises without the prior written consent of Landlord.

Appears in 2 contracts

Samples: Sutron Corp, Sutron Corp

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Tenant Alterations. Tenant, at its cost and expense, may install in the Building such personal property as Tenant shall not determines to be necessary or appropriate to conduct its business. Tenant, at its cost and expense, also may make any installations, non-structural alterations, improvements, improvements or the like additions to the Premises without, in each case, first obtaining Landlord's written consent. Landlord may grant or withhold its consent in its sole and absolute discretion in interior of the case of any proposed installation, alteration, improvements, or the like which Building so long as (i) may such alterations, improvements or additions do not affect the structure of storm water drainage serving the PremisesLeased Premises or any Building Systems (as defined below), or and (ii) are the aggregate cost of such alterations, improvements or additions in any given lease year is less than Seventy-Five Thousand Dollars ($75,000.00) (“Non-Structural Alterations”) if: (i) Tenant delivers to Landlord a written notice describing the proposed alteration, improvement or addition with particularity, and provides to Landlord copies of any plans and specifications for the proposed alteration, improvement or addition; and (ii) upon the expiration of the Lease Term or earlier termination of this Lease, Tenant surrenders the part of the Leased Premises altered or improved in as good a condition as on the date that Tenant accepts the Leased Premises, reasonable wear and tear and such Non-Structural Alterations, excepted. Tenant shall make no alterations, improvements or additions of or to the exterior of the Premises, or (iii) require cutting or drilling into the Premises, or securing of any item to any part of the Premises, or penetrating the roof. Notwithstanding the foregoing, Tenant may make purely cosmetic alterations, and other minor alterations which are: (i) non structural in nature, (ii) do not affect the Building systems in any way, (iii) do not in any way affect the exterior appearance of the Building, and (iv) cost a total during any twelve (12) month period of $50,000.00 or less ("Alterations Threshold"), without Landlord's prior written consent provided that Tenant notifies Landlord in writing of Tenant's intent to undertake the same prior to commencing any work related thereto, and further provided that the same are performed in accordance with the requirements of this Lease. Landlord will not unreasonably withhold, condition or delay its consent to any purely cosmetic alterations and other minor alterations which are non structural in nature, do not affect the Building's structures or systems in any way, and cost in excess of the Alterations Threshold to perform. All other approvals shall be in Landlord's sole and absolute discretion. For the purposes hereof, any erection, removal or relocation of walls shall be deemed to be structural in nature. Requests must be in writing and detailed to Landlord's reasonable satisfaction. Tenant shall immediately discharge any lien which is filed against the Premises, the Building or the Property as a result of work performed by or on behalf of Tenant. Tenant shall not, without Landlord's prior written consent, display any sign, logo, lettering, or the like on the outside of the Premises, or on the inside of the Premises in such a manner as to be visible from the outside. Except as expressly provided in this Section 4.04, Tenant may not make any alterations, improvements, door lock changes or other modifications to the Premises without the prior written consent of Landlord, which consent shall not be unreasonable withheld, conditioned, or delayed. Tenant shall make no structural alterations, improvements or additions of or to any part of the Leased Premises or make any alterations, improvements or additions that affect the storm water drainage serving the Leased Premises or any Building Systems, in either case, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. All improvements, alterations and additions to the Leased Premises, excepting only Tenant’s unattached personal property, shall become the sole property of Landlord upon the expiration of the Lease Term or earlier termination of this Lease; provided, that Landlord shall have the right but if Landlord so specifies in its consent to the same, to require Tenant to remove any such alteration, improvement or addition upon the expiration of the Lease Term or earlier termination of this Lease, in which event, Tenant shall repair any and all damage to the Leased Premises resulting from such removal and shall surrender the part of the Leased Premises altered or improved in as good a condition as on the date that Tenant accepts the Leased Premises as set forth above; provided, however, that Tenant shall have no obligation to remove any Non-Structural Alterations.

Appears in 1 contract

Samples: Lease (Dirtt Environmental Solutions LTD)

Tenant Alterations. Without Landlord's prior approval and subsequent to completion of the Tenant Improvements, Tenant may make improvements, additions, installations, decorations and changes to the Premises that do not affect Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components, the cost of which shall not exceed $25,000.00 in any one instance or $50,000.00 in the aggregate in any twelve-month period ("Permitted Alterations"). If Permitted Alterations will involve any drywall installation, Tenant shall give Landlord at least five (5) days' advance notice of such work. Other than Permitted Alterations, Tenant shall not make any installations, alterations, improvements, additions or the like improvements in or to the Premises without, in each case, first obtaining Landlord's written consent. Landlord may grant or withhold its consent in its sole and absolute discretion in the case of any proposed installation, alteration, improvements, or the like which (i) may affect the structure of the Premises, or (ii) are make changes to locks on the exterior of the Premisesdoors, or (iii) require cutting add, disturb or drilling into the Premises, or securing of any item to any part of the Premises, or penetrating the roof. Notwithstanding the foregoing, Tenant may make purely cosmetic alterations, and other minor alterations which are: (i) non structural in nature, (ii) do not affect the Building systems in any way, (iii) do not in any way affect the exterior appearance of the Buildingchange any floor covering, wall covering, fixtures, plumbing, or wiring (individually and (iv) cost a total during any twelve (12) month period of $50,000.00 or less (collectively "Alterations ThresholdTenant Alterations"), without first obtaining the consent of Landlord, which shall not unreasonably be withheld, conditioned or delayed; provided that Landlord's prior written consent provided that Tenant notifies Landlord in writing of Tenant's intent to undertake the same prior to commencing any work related thereto, and further provided that the same are performed in accordance with the requirements of this Lease. Landlord will not unreasonably withhold, condition or delay its consent to any purely cosmetic alterations and other minor alterations which are non structural in nature, do not affect the Building's structures or systems in any way, and cost in excess of the Alterations Threshold to perform. All other approvals shall may be withheld in Landlord's sole and absolute discretion. For discretion if Building systems (other than minor electrical work or minor plumbing work inside the purposes hereof, any erection, removal Premises) or relocation structural components of walls shall be deemed to be structural in nature. Requests must be in writing and detailed to Landlord's reasonable satisfactionthe Building are affected. Tenant shall immediately discharge deliver to Landlord full and complete plans and specifications for any lien which proposed Tenant Alterations and, if consent by Landlord is filed against the Premisesgiven, the Building all such work shall be performed at Tenant's expense by Landlord or the Property as a result of work performed by or on behalf of Tenant at Tenant's election. Tenant shall notpay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord's review of the Plans and Specifications. Without limiting the generality of the foregoing, Landlord may require Tenant, at Tenant's sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond (or other evidence of fiscal responsibility reasonably acceptable to Landlord), in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without Landlord's prior written consent, display or without satisfaction of any signconditions established by Landlord, logoLandlord shall have the right, letteringin addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove some or all of Tenant Alterations, or at Landlord's election, Landlord may remove such Tenant Alterations and restore the like on Premises at Tenant's expense. Nothing contained in this paragraph or the outside paragraph captioned "Tenant's Work Performance" shall be deemed a waiver of the Premises, or on the inside provisions of the Premises in such a manner as paragraph captioned "Mechanic's Liens". For all purposes of this Lease other than the obligation to be visible from the outside. Except as expressly provided in this Section 4.04obtain Landlord's prior consent, Permitted Alterations are Tenant may not make any alterations, improvements, door lock changes or other modifications to the Premises without the prior written consent of LandlordAlterations.

Appears in 1 contract

Samples: Office Lease (Gp Strategies Corp)

Tenant Alterations. After Tenant’s construction of the Tenant Improvements, Tenant shall not make any installations, alterations, improvements, additions or the like improvements in or to the Premises without, in each case, first obtaining Landlord's written consent. Landlord may grant or withhold its consent in its sole and absolute discretion in the case of any proposed installation, alteration, improvements, or the like which (i) may affect the structure of the Premises, or (ii) are make changes to locks on the exterior of the Premisesdoors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, wiring or Telecommunication Facilities (iii) require cutting or drilling into individually and collectively “Tenant Alterations”), without first obtaining the Premises, or securing consent of any item to any part of the Premises, or penetrating the roofLandlord. Notwithstanding the foregoing, Landlord’s consent to Tenant may make purely cosmetic alterations, and other minor alterations which are: Alterations shall not be required if (i) non structural in nature, (ii) the same do not affect the Building systems in any way, (iii) do not in any way affect structural element or the exterior appearance of the Building, and change the general nature or character thereof, affect the mechanical, life/safety or other common utilities or facilities maintained by Landlord in the Building or require Landlord to make any alterations or additions to the Building, (ivii) the cost a total of any of the foregoing Tenant Alterations, together with all such Tenant Alterations during any the prior twelve (12) month period period, does not exceed $50,000.00, and (iii) Tenant gives Landlord at least ten (10) days prior notice of $50,000.00 any such work. Landlord agrees that Landlord’s consent shall not be required for the installation of Tenant’s furniture, trade fixtures or less equipment in the Premises ("and the same shall not be deemed to be Tenant Alterations) if the same do not affect the structure of the Building, affect the mechanical, life/safety or other common facilities and systems of the Building, require Landlord to make any alterations to the Building or a permit from the City of Chicago. Further, Landlord’s consent to Tenant Alterations Threshold")shall not be unreasonably withheld if the same do not affect the structure or exterior appearance of the Premises or the Building, change the general nature or character thereof, affect the mechanical, life/safety or other common utilities or facilities maintained by the Landlord in the Building or require Landlord to make any alterations or additions to the Building. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations which require Landlord’s consent, and all such work shall be performed by Tenant at Tenant’s expense. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord's ’s review of the plans and specifications for the Tenant Alterations. Without limiting the generality of the foregoing, Landlord may require Tenant, at Tenant’s sole cost and expense, to obtain and provide Landlord with proof of insurance coverage in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without Landlord’s prior written consent provided (if required), or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove some or all of Tenant Alterations, or at Landlord’s election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant’s expense. Subject to the provisions of Section 2.7.4, Tenant shall use commercially reasonable efforts to ensure that all Tenant notifies Landlord in writing of Tenant's intent to undertake the same prior to commencing any work related thereto, and further provided that the same are Alterations will be performed in accordance with Landlord’s Sustainability Practices, as the requirements of this Lease. Landlord will not unreasonably withhold, condition or delay its consent to any purely cosmetic alterations and other minor alterations which are non structural in nature, do not affect the Building's structures or systems in any way, and cost in excess of the Alterations Threshold to perform. All other approvals shall same may be in Landlord's sole and absolute discretioneffect or amended or supplemented from time to time. For the purposes hereof, any erection, removal Nothing contained in this paragraph or relocation of walls Section 4.5 (“Tenant’s Work Performance”) shall be deemed to be structural in nature. Requests must be in writing and detailed to Landlord's reasonable satisfaction. Tenant shall immediately discharge any lien which is filed against the Premises, the Building or the Property as a result of work performed by or on behalf of Tenant. Tenant shall not, without Landlord's prior written consent, display any sign, logo, lettering, or the like on the outside waiver of the Premises, or on the inside provisions of the Premises in such a manner as to be visible from the outside. Except as expressly provided in this Section 4.04, Tenant may not make any alterations, improvements, door lock changes or other modifications to the Premises without the prior written consent of Landlord4.27 (“Construction Liens”).

Appears in 1 contract

Samples: Lease (Mattersight Corp)

Tenant Alterations. (a) Tenant shall not make any installations, alterations, improvements, additions or the like improvements (collectively referred to the Premises without, as “Tenant Alterations”) in each case, first obtaining Landlord's written consent. Landlord may grant or withhold its consent in its sole and absolute discretion in the case of any proposed installation, alteration, improvements, or the like which (i) may affect the structure of the Premises, or (ii) are on the exterior of the Premises, or (iii) require cutting or drilling into the Premises, or securing of any item to any part of the Premises, or penetrating the roof. Notwithstanding the foregoing, Tenant may make purely cosmetic alterations, and other minor alterations which are: (i) non structural in nature, (ii) do not affect the Building systems in any way, (iii) do not in any way affect the exterior appearance of the Building, and (iv) cost a total during any twelve (12) month period of $50,000.00 or less ("Alterations Threshold"), without Landlord's prior written consent provided that Tenant notifies Landlord in writing of Tenant's intent to undertake the same prior to commencing any work related thereto, and further provided that the same are performed in accordance with the requirements of this Lease. Landlord will not unreasonably withhold, condition or delay its consent to any purely cosmetic alterations and other minor alterations which are non structural in nature, do not affect the Building's structures or systems in any way, and cost in excess of the Alterations Threshold to perform. All other approvals shall be in Landlord's sole and absolute discretion. For the purposes hereof, any erection, removal or relocation of walls shall be deemed to be structural in nature. Requests must be in writing and detailed to Landlord's reasonable satisfaction. Tenant shall immediately discharge any lien which is filed against the Premises, the Building or the Property as a result of work performed by or on behalf of Tenant. Tenant shall not, without Landlord's prior written consent, display any sign, logo, lettering, or the like on the outside of the Premises, or on the inside of the Premises in such a manner as to be visible from the outside. Except as expressly provided in this Section 4.04, Tenant may not make any alterations, improvements, door lock changes or other modifications to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned, provided that such proposed Tenant Alterations (i) are nonstructural, (ii) do not affect the Building’s HVAC, plumbing, electrical, life safety or mechanical systems or services, (iii) do not affect any part of the Building other than the Premises, (iv) do not adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building and (v) do not reduce the value or utility of the Building. Tenant shall be permitted to make, without Landlord’s consent, Tenant Alterations not exceeding $100,000.00 in any twelve (12) month period in value and for which Tenant is not required to obtain a permit from the applicable municipality and if such Alterations are of the type described in clauses (i), (ii), (iii) and (iv) above (“Permitted Alterations”). Any other Tenant Alteration may be approved or disapproved by Landlord for any reason or for no reason. If Landlord consents to any Tenant Alterations to the Premises such Tenant Alterations shall be performed (a) at Tenant’s expense pursuant to plans and specifications approved by Landlord (not to be unreasonably withheld, conditioned or delayed) and (b) by a reputable and qualified contractor licensed in the State of California and reasonably approved by Landlord, and subject to any commercially reasonable covenants and conditions required by Landlord, including, without limitation, any commercially reasonable construction rules and regulations promulgated by Landlord for the Building. Landlord’s approval of any plans and specifications for alterations, improvements, modifications or additions to the Premises or the Property shall not constitute a representation or warranty of Landlord (x) as to the adequacy or sufficiency of such drawings, plans and specifications, or alterations, improvements, modifications or additions to which they relate, for any use, purpose or conditions, (y) that such drawings, plans and specifications or any action taken pursuant thereto or in reliance thereon complies with, or is not in violation of, any applicable laws, rules or regulations or any standard of due care regarding engineering or structural design or quality of material, and Landlord does not assume any liability or responsibility therefor nor for any defect in construction from said drawings, but such approval shall merely be the consent of Landlord as required hereunder. In no event shall Landlord be deemed to have consented to imposition of any lien against any interest of Landlord in the Building or the Premises and Landlord shall have the right, at all times, to post and to keep posted on the Premises all notices permitted and/or required by law, or which Landlord shall deem proper for the protection of Landlord and the Premises and any other parties having an interest therein, from all mechanic and materialmen’s liens, and Tenant shall give Landlord fifteen (15) days prior notice before commencing any Tenant Alterations (other than Permitted Alterations) for such purposes and for scheduling purposes. All Tenant Alterations shall be done in a good and workmanlike manner with first-class quality materials in accordance with all laws, ordinances, and rules and regulations of any federal, state, county, municipal, or other public authority having jurisdiction over the Premises. Tenant shall cause such work to be performed in a diligent manner and shall use commercially reasonable efforts as to minimize unreasonable interference with other tenants’ and occupants’ lawful use and enjoyment of their premises and business operations. Tenant and its contractors shall comply with all commercially reasonable requirements Landlord may reasonably impose on Tenant or its contractors with respect to such work (including but not limited to, insurance, indemnity and bonding requirements), and shall deliver to Landlord a complete copy of the “as-built” or final plans and specifications for all Alterations so made in or to the Premises within thirty (30) days of completing the work (provided the work was of such a nature that such plans were actually prepared). Tenant shall not place safes or vaults in the Premises without Landlord’s prior written consent, which shall not be reasonably withheld or delayed.

Appears in 1 contract

Samples: Office Building Lease (Veracyte, Inc.)

Tenant Alterations. Tenant shall not make any installations, alterations, improvementsadditions or improvements in or to the Premises, or the like make changes to the Premises withoutlocks on doors, or add, disturb or in each caseany way change any floor covering, wall covering, fixtures, plumbing or wiring (individually and collectively "Tenant Alterations"), without first obtaining the consent of Landlord which may be withheld in Landlord's written consent. reasonable discretion; provided, however, with respect to Tenant Alterations that may affect structural, exterior, mechanical or electrical aspects of the Premises, Landlord may grant or withhold its consent in its sole and absolute discretion in the case of any proposed installation, alteration, improvements, or the like which (i) may affect the structure of the Premises, or (ii) are on the exterior of the Premises, or (iii) require cutting or drilling into the Premises, or securing of any item to any part of the Premises, or penetrating the roofdiscretion. Notwithstanding the foregoing, Tenant may make purely strictly cosmetic alterationschanges to the finish work in the Premises, not including any changes affecting the Project structure, appearance, or systems and other minor alterations which are: equipment, without Landlord's consent (but nevertheless requiring at least 10 days' prior notice to Landlord and otherwise in compliance with the provisions of this Paragraph 4.4), provided that (i) non structural in naturethe cost of any individual change does not exceed Ten Thousand Dollars ($10,000.00), (ii) do the aggregate cost of any such changes does not affect the Building systems exceed Fifty Thousand Dollars ($50,000.00) in any way, (iii) do not in any way affect the exterior appearance of the Building, and (iv) cost a total during any consecutive twelve (12) month period of $50,000.00 or less ("Alterations Threshold"), without Landlord's prior written consent provided that Tenant notifies Landlord in writing of Tenant's intent to undertake the same prior to commencing any work related theretoperiod, and further provided that the same are performed in accordance with the requirements of this Lease. Landlord will not unreasonably withhold, condition or delay its consent to any purely cosmetic alterations and other minor alterations which are non structural in nature, such changes do not affect require any structural or other substantial modifications to the Building's structures or systems in any wayPremises, and cost in excess (iii) no such Tenant Alteration affects structural, exterior, mechanical or electrical aspects of the Alterations Threshold to perform. All other approvals shall be in Landlord's sole and absolute discretion. For the purposes hereof, any erection, removal or relocation of walls shall be deemed to be structural in nature. Requests must be in writing and detailed to Landlord's reasonable satisfactionPremises. Tenant shall immediately discharge deliver to Landlord full and complete plans and specifications for any lien which proposed Tenant Alterations and, if consent by Landlord is filed against the Premisesgiven, the Building or the Property as all such work shall be performed at Tenant's expense by Tenant (a result of work performed by or on behalf of Tenant"Permitted Alteration"). Tenant shall notpay to Landlord all reasonable out-of-pocket costs incurred by Landlord for any architectural, engineering, supervisory and/or legal services in connection with any Tenant Alterations including, without limitation, Landlord's review of the Plans. Without limiting the generality of the foregoing, Landlord may require Tenant at Tenant's sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond, in forms, amounts and by companies acceptable to Landlord. Should Tenant make any alterations without Landlord's prior written consent, display or without satisfaction of any signconditions established by Landlord, logoLandlord shall have the right, letteringin addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove some or all of the like on Tenant Alterations at Tenant's sole cost and expense and restore the outside of Premises to the same condition existing prior to undertaking the Tenant Alterations, or, at Landlord's election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant's expense. All Tenant Alterations to the Premises, regardless of which party constructed them or on paid for them, shall become the inside property of Landlord and shall remain upon and be surrendered with the Premises upon the expiration or earlier termination of this Lease; provided, however, at Landlord's sole election Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as Landlord shall designate) of the Tenant Alterations and Tenant Improvements and repair any damage resulting from such removal and return the Premises to the same condition existing prior to the undertaking upon the expiration or earlier termination of this Lease. If Tenant fails to remove any such Tenant Alterations as required by Landlord's consent, Landlord may do so and Tenant shall pay the entire cost thereof to Landlord within ten (10) Business Days after Tenant's receipt of Landlord's written demand therefor. Tenant shall have the right, at the time it requests Landlord's consent and delivers all plans and specifications to any Tenant Alteration to make a written request that Landlord notify Tenant whether Tenant shall be obligated to remove the applicable Tenant Alteration at the end of the Lease Term, in such a manner as which event Tenant shall only be obligated to be visible from remove (i) those Tenant Alterations that Landlord notified Tenant it must remove at the outsideend of the Lease Term at the same time of and in connection with Tenant's requested approval of the Tenant Alterations, and (ii) those Tenant Alterations that Tenant did not seek or did not obtain Landlord's written consent to leave in place at the end of the Lease Term, and that Landlord requires Tenant to remove. Except as expressly provided Tenant shall reimburse Landlord, upon receipt of demand therefor, for all reasonable out of pocket costs and expenses incurred by Landlord during its review of Tenant's plans and specifications (regardless of whether Landlord approves Tenant's request) and Tenant's construction. Nothing contained in this Section 4.04, Tenant may not make any alterations, improvements, door lock changes paragraph or other modifications to the Premises without paragraph captioned "Tenant's Work Performance" shall be deemed a waiver of the prior written consent provisions of Landlordthe paragraph captioned "Mechanic's Liens."

Appears in 1 contract

Samples: Lease (MRV Communications Inc)

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Tenant Alterations. The Tenant shall agrees not to make or allow to be made any installations, alterations, improvements, additions or physical changes in or about any Individual Property, other than those constituting part of an Applicable Project as shown on the Applicable Plans and Specifications or modifications thereto consented to by the Landlord and the Agent (the "ALTERATIONS"), without first obtaining the written consent of the Landlord and the Agent in each instance, which consent (A) may be withheld by either the Landlord or the like to the Premises withoutAgent, in each case, first obtaining Landlord's written consent. Landlord may grant or withhold its consent in its sole and absolute discretion in discretion, if the case of any proposed installation, alteration, improvements, or the like which Alterations (i) may adversely affect the structure structural components of the PremisesImprovements on such Individual Property, or (ii) are on reduce the exterior value or utility of the PremisesImprovements on such Individual Property, and (B) in all other cases, shall not be unreasonably withheld or (iii) require cutting or drilling into delayed, but may be given on such reasonable conditions as the PremisesLandlord and the Agent may elect, or securing including but not limited to receipt of any item evidence satisfactory to any part of the Premises, or penetrating Landlord and the roofAgent that the Tenant has adequate funds to complete such Alterations. Notwithstanding the foregoing, Tenant may make purely cosmetic alterations, neither the Agent's nor the Landlord's consent shall be required for any non-structural Alterations with respect to any Individual Property unless and other minor alterations which are: (i) non structural in nature, (ii) do not affect until the Building systems in costs of Alterations at or with respect to such Individual Property for any way, (iii) do not in single Alteration or series of related Alterations shall exceed $100,000. Any and all Alterations to any way affect Individual Property shall without further act become the exterior appearance property of the BuildingLandlord and subject to the Lien of the Applicable Mortgage, and (iv) cost a total during any twelve (12) month period of $50,000.00 except for trade fixtures, movable equipment or less ("Alterations Threshold"), without Landlord's prior written consent provided that Tenant notifies Landlord in writing of furniture owned by the Tenant's intent to undertake . Upon the same prior to commencing any work related thereto, and further provided that the same are performed in accordance with the requirements expiration or termination of this Lease. , the Landlord will not unreasonably withholdor the Agent may require the Tenant to remove any and all Alterations for which consent was required hereunder and which were made without having obtained such consent of the Landlord and the Agent as well as all fixtures, condition or delay its consent to any purely cosmetic alterations equipment and other minor alterations which are non structural in natureimprovements installed on such Individual Property other than fixtures, do not affect equipment or other improvements constituting a part of the Building's structures Applicable Project. In the event the Landlord or systems in any waythe Agent so elects, and the Tenant fails to remove such property, the Landlord or the Agent may remove the same at the Tenant's cost, and the Tenant shall pay the Landlord or the Agent, as the case may be, on demand all costs incurred in connection therewith. The Tenant shall be responsible for the cost in excess of repairing all damage to such Individual Property resulting from the removal of such property, except to the extent arising out of the Alterations Threshold to perform. All other approvals shall be in Landlord's sole and absolute discretion. For gross negligence or willful misconduct of the purposes hereof, any erection, removal or relocation of walls shall be deemed to be structural in nature. Requests must be in writing and detailed to Landlord's reasonable satisfaction. Tenant shall immediately discharge any lien which is filed against the Premises, the Building Landlord or the Property as a result of work performed by or on behalf of Agent. The Tenant. Tenant shall not, without Landlord's prior written consent, display any sign, logo, lettering, or the like on the outside of the Premises, or on the inside of the Premises in such a manner as obligations pursuant to be visible from the outside. Except as expressly provided in this Section 4.04, Tenant may not make any alterations, improvements, door lock changes 11.1 shall constitute Supplemental Rent and shall survive the expiration or other modifications to sooner termination of this Lease and the Premises without the prior written consent of LandlordReimbursement Agreement.

Appears in 1 contract

Samples: Master Lease (Carmike Cinemas Inc)

Tenant Alterations. Tenant shall not make any installations, alterations, improvements, additions or the like improvements in or to the Premises without, in each case, first obtaining Landlord's written consent. Landlord may grant or withhold its consent in its sole and absolute discretion in the case of any proposed installation, alteration, improvements, or the like which (i) may affect the structure of the Premises, or (ii) are make changes to locks on the exterior of the Premisesdoors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, wiring or Telecommunication Facilities (iii) require cutting or drilling into individually and collectively “Tenant Alterations”), without first obtaining the Premises, or securing consent of any item to any part of the Premises, or penetrating the roofLandlord. Notwithstanding the foregoing, Landlord’s consent to Tenant may make purely cosmetic alterations, and other minor alterations which are: Alterations shall not be required if (i) non structural in nature, (ii) the same do not affect the Building systems in any way, (iii) do not in any way affect the structure or exterior appearance of the Building, and change the general nature or character thereof, affect the mechanical, life/safety or other common utilities or facilities maintained by Landlord in the Building or require Landlord to make any alterations or additions to the Building, (ivii) the cost a total of any of the foregoing Tenant Alterations, together with all such Tenant Alterations during any the prior twelve (12) month period of period, does not exceed $50,000.00 or less ("Alterations Threshold"), without Landlord's prior written consent provided that Tenant notifies Landlord in writing of Tenant's intent to undertake the same prior to commencing any work related thereto25,000.00, and further provided that the same are performed in accordance with the requirements (iii) Tenant gives Landlord at least ten (10) days prior notice of this Leaseany such work. Landlord will not unreasonably withholdFurther, condition or delay its Landlord’s consent to any purely cosmetic alterations and other minor alterations which are non structural in nature, Tenant Alterations shall not be unreasonably withheld if the same do not affect the Building's structures structure or systems in any way, and cost in excess exterior appearance of the Alterations Threshold Premises or the Building, change the general nature or character thereof, affect the mechanical, life/safety or other common utilities or facilities maintained by the Landlord in the Building or require Landlord to perform. All other approvals shall be in Landlord's sole and absolute discretion. For make any alterations or additions to the purposes hereof, any erection, removal or relocation of walls shall be deemed to be structural in nature. Requests must be in writing and detailed to Landlord's reasonable satisfactionBuilding. Tenant shall immediately discharge deliver to Landlord full and complete plans and specifications for any lien which proposed Tenant Alterations and, if consent by Landlord is filed against the Premisesgiven, the Building all such work shall be performed at Tenant’s expense by Landlord or the Property as a result of work performed by or on behalf of TenantTenant at Landlord’s election. Tenant shall notpay to Landlord all reasonable out-of-pocket costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord's ’s review of the plans and specifications for the Tenant Alterations. Without limiting the generality of the foregoing, Landlord may require Tenant (if Landlord has elected to require Tenant to perform the Tenant Alterations), at Tenant’s sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond, in forms, amounts and by companies acceptable to Landlord. Should Tenant make any alterations without Landlord’s prior written consent, display or without satisfaction of any signconditions established by Landlord, logoLandlord shall have the right, letteringin addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove some or all of Tenant Alterations, or at Landlord’s election, Landlord may remove such Tenant Alterations and restore the like on the outside Premises at Tenant’s expense. Nothing contained in this paragraph or Section 4.5 (“Tenant’s Work Performance”) shall be deemed a waiver of the Premises, or on the inside provisions of the Premises in such a manner as to be visible from the outside. Except as expressly provided in this Section 4.04, Tenant may not make any alterations, improvements, door lock changes or other modifications to the Premises without the prior written consent of Landlord4.27 (“Construction Liens”).

Appears in 1 contract

Samples: Lease (PharMEDium Healthcare Holdings, Inc.)

Tenant Alterations. Tenant shall not make any installations, alterations, improvements, or the like to the Premises without, without in each case, case first obtaining Landlord's Landlords written consent. Landlord may grant or withhold its consent in its sole and absolute discretion in the case of any proposed installation, alteration, improvements, or the like which (i) may affect the structure of the Premises, or (ii) are on the exterior of the Premises, or (iii) require cutting or drilling into the Premises, or securing of any item to any part of the Premises, or penetrating the roof. Notwithstanding the foregoing, Tenant may make purely cosmetic If Landlord elects to require that alterations, and other minor alterations which are: (i) non structural in natureinstallations, (ii) do not affect changes, replacements, additions or improvements made by Tenant to the Building systems in any way, (iii) do not in any way affect Premises be removed at the exterior appearance of the Building, and (iv) cost a total during any twelve (12) month period of $50,000.00 or less ("Alterations Threshold"), without Landlord's prior written consent provided that Tenant notifies Landlord in writing of Tenant's intent to undertake the same prior to commencing any work related thereto, and further provided that the same are performed in accordance with the requirements termination of this Lease, then Tenant hereby agrees to cause the same to be removed at its sole cost and expense. If Tenant fails to remove the same, then Landlord will not unreasonably withhold, condition or delay its consent may cause them to any purely cosmetic alterations and other minor alterations which are non structural in nature, do not affect the Building's structures or systems in any waybe removed at Tenant’s expense, and Tenant hereby agrees to reimburse Landlord for the cost in excess of such removal, together with any and all damages which Landlord may suffer and sustain by reason of Tenant’s failure to remove the same. Alternatively, Landlord may elect that any or all of the Alterations Threshold alterations, installations, changes, replacements, additions to perform. All other approvals or improvements made by Tenant to the Premises shall remain at the termination of this Lease and not be in Landlord's sole and absolute discretion. For the purposes hereof, any erection, removal or relocation of walls shall be deemed to be structural in nature. Requests must be in writing and detailed to Landlord's reasonable satisfactionremoved. Tenant shall immediately discharge any lien which is filed against the Premises, the Building Premises or the Property Project as a result of work performed by or on behalf of Tenant. Tenant shall not, without first obtaining Landlord's ’s prior written consentconsent as to the size, design, location, type of composition or material and lighting thereof, display any sign, logo, lettering, or the like on the outside of the Premises, the Building or the Project, or on the inside of the Premises in such a manner as to be visible from the outside. Except as expressly provided Tenant shall maintain any sign, logo, lettering, or the like in this Section 4.04good condition and repair at all times, and shall pay any taxes imposed thereon. Notwithstanding the foregoing, Building standard signage shall be available to Tenant may not make any alterations, improvements, door lock changes or other modifications to the Premises without the prior written consent of Landlordat Tenant’s expense.

Appears in 1 contract

Samples: Revolving Credit Agreement (First Potomac Realty Trust)

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