Common use of Tenant Changes; Conditions Clause in Contracts

Tenant Changes; Conditions. (a) Tenant shall not make any alterations, additions, improvements or decorations to the Premises (collectively, "TENANT CHANGES," and individually, a "TENANT CHANGE") unless Tenant first obtains Landlord's prior written approval thereof, which approval Landlord shall not unreasonably withhold. Notwithstanding the foregoing, Landlord's prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE-APPROVED CHANGE"): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1. (b) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and workmanlike manner; (iii) in compliance with all laws, rules and regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building or any other building located within the Project, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building or any other building located within the Project; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (c) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.

Appears in 2 contracts

Samples: Multi Tenant Industrial Lease (Aurora Biosciences Corp), Multi Tenant Industrial Lease (Triple Net) (Aurora Biosciences Corp)

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Tenant Changes; Conditions. (a) Tenant shall not make any alterations, additions, improvements or decorations to the Premises (collectively, "TENANT CHANGES“Tenant Changes," and individually, a "TENANT CHANGE"“Tenant Change”) unless Tenant first obtains Landlord's ’s prior written approval thereof, which approval Landlord shall not unreasonably withhold. Notwithstanding the foregoing, Landlord's ’s prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE“Pre-APPROVED CHANGE"Approved Change”): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.00) individuallyIndividually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1. (b) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and workmanlike manner; (iii) in compliance with all laws, rules and regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building or any other building located within the Project, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building or any other building located within the Project; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (c) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (BioMed Realty Trust Inc)

Tenant Changes; Conditions. Tenant may, at its sole cost and expense, make alterations, additions, improvements and decorations to the Premises (collectively, “Tenant Changes”) subject to and upon the following terms and conditions: (a) Notwithstanding any provision in this Section 12 to the contrary, Tenant shall not make is absolutely prohibited from making any alterations, additions, improvements or decorations to the Premises (collectively, "TENANT CHANGES," and individually, a "TENANT CHANGE") unless Tenant first obtains Landlord's prior written approval thereof, which approval Landlord shall not unreasonably withhold. Notwithstanding the foregoing, Landlord's prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE-APPROVED CHANGE"): which: (i) affect any area outside the costs of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.00) individuallyPremises; (ii) affect the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.00); (iii) Tenant delivers to Landlord final plansBuilding’s structure, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change does not affect equipment, services or systems, including without limitation, the mechanical, electrical, plumbing or life safety HVAC systems of the PremisesBuilding or the proper functioning thereof, or Landlord’s access thereto; (iii) affect the outside appearance, character or use of the Project, the roof Building or the Common Areas or is visible from the Common Areas; (iv) weaken or impair the structural components strength of the Premises or the exterior of the PremisesBuilding; and (v) in the reasonable opinion of Landlord, lessen the value of the Project or Building; or (vi) will violate or require a change in any occupancy certificate applicable to the Premises. Tenant agrees specifically that no food, soft drink, or other vending machine shall be installed within the Premises, without the prior written consent of Landlord. Subject to the other terms and such Tenant Change otherwise satisfy all other conditions of this Lease, including without limitation this Section 12, and provided that Landlord’s access rights with respect to the Premises, as set forth in this Section 12.1. Lease, are not affected thereby, Tenant may install, at Tenant’s sole cost and expense, a primary or supplemental security system (bsuch as a card key system) All Tenant Changes in the Premises (“Tenant’s Security System”). The plans and specifications for any such system shall be performed: (i) in accordance subject to Landlord’s prior written approval, and any such system must be compatible with the approved plansBuilding’s structure and systems. In no event shall Landlord have any liability or responsibility for the operation, specifications maintenance or monitoring of any Tenant’s Security System and working drawings; (ii) lien-free any additional costs incurred for any such monitoring, operation or maintenance and in for any modification to the Building necessary as a good and workmanlike manner; (iii) in compliance with all laws, rules and regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III result of the Americans with Disabilities Act of 1990; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building installation or any other building located within the Project, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of Tenant’s Security System shall be paid by Tenant. Tenant shall provide Landlord with a means (such as a card key or a code) of bypassing Tenant’s Security System at all times. On the Building expiration or any other building located within the Project; earlier termination of this Lease, at Tenant’s sole cost and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (c) Throughout the performance of the Tenant Changesexpense, Tenant shall obtain, or cause its contractors remove Tenant’s Security System and restore the Premises to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions condition existing prior to the installation of Section 20 of this Leasethat system.

Appears in 1 contract

Samples: Office Lease (Lumena Pharmaceuticals, Inc.)

Tenant Changes; Conditions. (a) Tenant shall not make any alterations, additions, improvements or decorations to the Premises (collectively, "TENANT CHANGES," Tenant Changes", and individually, a "TENANT CHANGETenant Change") unless Tenant first obtains Landlord's prior written approval thereof, which approval Landlord shall not unreasonably withhold. Notwithstanding the foregoing, Landlord's prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PREPre-APPROVED CHANGEApproved Change"): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Hundred Dollars ($25,000.00500.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Fifteen Hundred Thousand Dollars ($100,000.001,500.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; and (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1. (b) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and workmanlike manner; (iii) in compliance with all laws, rules and regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building or any other building located within the Project, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building or any other building located within the Project; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (c) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.

Appears in 1 contract

Samples: Single Tenant Industrial Lease (Synbiotics Corp)

Tenant Changes; Conditions. (a) Tenant shall not make any alterations, additions, improvements or decorations to the Premises (collectively, "TENANT CHANGES“Tenant Changes," and individually, a "TENANT CHANGE"“Tenant Change”) unless Tenant first obtains Landlord's ’s prior written approval thereof, which approval Landlord shall not unreasonably withholdwithhold or delayed. Notwithstanding the foregoing, Landlord's ’s prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE“Pre-APPROVED CHANGE"Approved Change”): (i) the costs of such Tenant Change does not exceed Twenty-Five Fifty Thousand Dollars ($25,000.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.0050,000.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (101 0) days prior to commencement of the work thereof; (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1; and (v) the Tenant Change does not affect the structural, mechanical, life-safety or exterior elements of the Premises. (b) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and workmanlike manner; (iii) in compliance with all applicable laws, rules and regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990; and (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building or any other building located within the Project, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building or any other building located within the Project; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (c) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Leasereasonable amounts.

Appears in 1 contract

Samples: Single Tenant Industrial Lease (Cymer Inc)

Tenant Changes; Conditions. (a) Tenant shall not not, without Landlord’s prior written consent, make any alterations, additions, or improvements or decorations to the Premises (collectively, "TENANT CHANGES," and individually, a "TENANT CHANGE") unless Tenant first obtains Landlord's prior written approval thereof, which approval Landlord shall not unreasonably withholdChanges”). Notwithstanding the foregoing, Landlord's prior approval Tenant shall not be required for any to obtain Landlord’s consent to non-structural Tenant Change which satisfies all of Changes that cost not more than $1,000,000 per project (“Non-Consent Changes”). Any Tenant Changes shall be subject to and upon the following conditions terms and conditions: (hereinafter a "PRE-APPROVED CHANGE"): a) Notwithstanding any provision in this Section 12 to the contrary, Tenant is absolutely prohibited from making any alterations, additions, or improvements which: (i) affect any area outside the costs of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.00) individuallyPremises; (ii) adversely affect the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.00); Building’s structure, (iii) materially and adversely affect any equipment, services or Building Systems, or the proper functioning thereof, (iv) affect the outside appearance of the Building or the Common Areas (except as otherwise provided in this Lease), or (v) weaken or impair the structural strength of the Building. (b) Before proceeding with any Tenant delivers to Landlord final Changes (other than Non-Consent Changes) which are not otherwise prohibited in Section 12.1(a) above, Tenant must first obtain Landlord’s written approval thereof (including approval of all plans, specifications and working drawings for such Tenant Change at least Changes), which approval shall not be unreasonably withheld, conditioned or delayed and Tenant must notify Landlord with a minimum ten (10) days business days’ prior to commencement any Tenant Changes to the Premises in order for the Landlord to post a Notice of Non-responsibility on the work Building and Premises. (c) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefore, Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with such general contractor selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; (ii) before proceeding with any Tenant Changes, provide Landlord with ten (10) days’ prior written notice thereof; and (iviii) pay to Landlord, upon written demand, the costs of any increased insurance premiums incurred by Landlord to include such Tenant Changes in the fire and extended coverage insurance obtained by Landlord, if any. However, Landlord shall be required to include the Tenant Change does Changes under such insurance only to the extent such insurance is actually obtained (or required to be obtained under this Lease) by Landlord and such Tenant Changes are insurable under such insurance; if such Tenant Changes are not affect or cannot be included in Landlord’s insurance, Tenant shall insure the mechanicalTenant Changes under its casualty insurance pursuant to Section 20.1(a) below. In addition, before proceeding with any Tenant Changes, Tenant’s contractors shall obtain, on behalf of Tenant and at Tenant’s sole cost and expense all necessary governmental permits and approvals for the commencement and completion of such Tenant Changes. Landlord’s approval of any contractor(s) of Tenant shall not release Tenant or any such contractor(s) from any liability for any conduct or acts of such contractor(s) or its subcontractor(s). Landlord will not unreasonably withhold, condition or delay its approval of any Tenant Changes, the plans and specifications therefor or Tenant’s general contractor, and, Landlord shall not withhold approval of any Tenant Changes that are generally consistent with or represent a logical evolution of, the Tenant Improvements or the then-existing improvements in the Building or the premises leased under the Other Leases. Tenant will remove within 30 days of recording, any mechanic liens recorded against the Property due to any Tenant Changes. (d) Tenant shall pay to Landlord, as Additional Rent, the reasonable out of pocket costs of Landlord’s third party engineer for review of all plans, specifications and working drawings for the Tenant Changes which involve the Building structure, HVAC, electrical, plumbing plumbing, or life safety systems security systems, within thirty (30) days after Tenant’s receipt of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1invoices from Landlord. (be) All Tenant Changes shall be performed: (i) substantially in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and first-class workmanlike manner; (iii) in compliance with all laws, rules and rules, regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990ADA; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building or any other building located within the Project, Project nor impose any additional expense upon nor unreasonably delay Landlord in the maintenance and operation of the Building or any other building located within the Project; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designatedesignate with respect to the Common Areas. (cf) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease, except that the limits of such insurance shall be in such amounts as is typically carried by such contractors taking into account the scope of work performed. (g) Landlord hereby approves of Tenant’s construction of those improvements set forth in Exhibit “D” hereto as the Tenant Improvements, and of Tenant’s use of Technical Builders as a contractor. Tenant shall not be required to use union labor. Notwithstanding any of the foregoing, (i) Tenant shall not be required to design or construct any Tenant Improvements in the Premises and (ii) Landlord shall approve or reasonably disapprove any consent or approval request with respect to the Tenant Improvements or any Tenant Change within ten (10) business days after the request for consent.

Appears in 1 contract

Samples: Lease (QuantumScape Corp)

Tenant Changes; Conditions. After installation of the initial Leasehold Improvements for the Premises pursuant to Exhibit “D”, Tenant may, at its sole cost and expense, make alterations, additions, improvements and decorations to the Premises (collectively, “Tenant Changes”) subject to and upon the following terms and conditions: (a) Notwithstanding any provision in this Section 7 to the contrary, Tenant shall not make is absolutely prohibited from making any alterations, additions, improvements or decorations which: (i) affect any area outside the Premises; (ii) affect the Building’s structure, or detrimentally affect any equipment or systems, or the proper functioning thereof, or Landlord’s access thereto; (iii) affect the outside appearance, character or use of the Project, the Building or the Common Areas; (iv) weaken or impair the structural strength of the Building; (v) in the reasonable opinion of Landlord, lessen the value of the Project or Building; or (vi) will violate or require a change in any occupancy certificate applicable to the Premises Premises. (collectivelyb) Before proceeding with any Tenant Change which is not otherwise prohibited in Section 7.1(a) above, "TENANT CHANGES," and individually, a "TENANT CHANGE") unless Tenant must first obtains obtain Landlord's prior ’s written approval thereofthereof (including approval of all plans, specifications and working drawings for such Tenant Change), which approval Landlord shall not be unreasonably withholdwithheld or delayed. Notwithstanding the foregoing, the provisions of this Section 7 shall not apply to the installation by Tenant of any Telecom Equipment, which installation shall be governed by the provisions of Section 26 of this Lease. However, Landlord's ’s prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE-APPROVED CHANGE"): (i) which, when combined with all of Tenant’s other Tenant Changes over a twelve-month period do not, in the costs of such Tenant Change does not exceed Twentyaggregate, cost more than Seventy-Five Thousand Dollars ($25,000.00) individually75,000.00); (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.00); (iii) provided that Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (viii) further provided that Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.17.1. (bc) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor, Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with such contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (ii) before proceeding with any Tenant Change, provide Landlord with ten (10) days’ prior written notice thereof; and (iii) pay to Landlord, within fifteen (15) days after written demand, the costs of any increased insurance premiums incurred by Landlord to include such Tenant Changes in the fire and extended coverage insurance obtained by Landlord pursuant to Section 9.1 below. However, Landlord shall be required to include the Tenant Changes under such insurance only to the extent such insurance is actually obtained by Landlord and such Tenant Changes are insurable under such insurance; if such Tenant Changes are not or cannot be included in Landlord’s insurance, Landlord shall notify Tenant and Tenant shall insure the Tenant Changes under its personal property insurance pursuant to Section 9.2 below. In addition, before proceeding with any Tenant Change, Tenant’s contractors shall obtain, on behalf of Tenant and at Tenant’s sole cost and expense, all necessary governmental permits and approvals for the commencement and completion of such Tenant Change. (d) Tenant shall pay to Landlord, as Additional Rent, the reasonable costs of Landlord’s engineers and other consultants for review of all plans, specifications and working drawings for the Tenant Changes within fifteen (15) business days after Tenant’s receipt of invoices either from Landlord or such consultants, provided that Landlord shall only engage Landlord’s engineers and other consultants to the extent Landlord reasonably determines that such review is necessary due to the nature of the proposed Tenant Change and provided further that Landlord shall, prior to such engagement, give written notice to Tenant that Landlord intends to engage such engineers and other consultants. (e) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good first-class and workmanlike manner; (iii) in compliance with all laws, rules rules, and regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990authorities; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building Project or any other building located within the ProjectBuilding, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building Project or any other building located within the ProjectBuilding; and (v) at such times, in such manner and subject to such rules the Rules and regulations as Landlord may from time to time reasonably designateRegulations. (cf) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 9.2 of this Lease. (g) Any and all alterations that are “Telecom Equipment” (as defined in Section 26.1(a) below) will also be governed by the terms and conditions of Section 26, and if there is any conflict between the requirements of this Section 7.1 and those of Section 26 with respect to Telecom Equipment, Section 26 will govern.

Appears in 1 contract

Samples: Lease Agreement (Ryland Group Inc)

Tenant Changes; Conditions. After installation of the initial Tenant Improvements for the Premises pursuant to Exhibit “C”, Tenant may, at its sole cost and expense, make alterations, additions, improvements and decorations to the Premises (collectively, “Tenant Changes”) subject to and upon the following terms and conditions: (a) Notwithstanding any provision in this Section 12 to the contrary, Tenant shall not make is absolutely prohibited from making any alterations, additions, improvements or decorations which: (i) affect any area outside the Premises; (ii) affect the Building's structure, equipment, services or systems, or the proper functioning thereof, or Landlord's access thereto; (iii) affect the outside appearance, character or use of the Project, the Building or the Common Areas; (iv) weaken or impair the structural strength of the Building; (v) in the reasonable opinion of Landlord, lessen the value of the Project or Building; or (vi) will violate or require a change in any occupancy certificate applicable to the Premises Premises. (collectivelyb) Before proceeding with any Tenant Change which is not otherwise prohibited in Section 12.1(a) above, "TENANT CHANGES," and individually, a "TENANT CHANGE") unless Tenant must first obtains obtain Landlord's prior written approval thereofthereof (including approval of all plans, specifications and working drawings for such Tenant Change), which approval Landlord shall not be unreasonably withholdwithheld. Notwithstanding the foregoingHowever, Landlord's ’s prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE“Pre-APPROVED CHANGE"Approved Change”): (i) the costs of such Tenant Change does not exceed Twenty-One Thousand Five Thousand Hundred Dollars ($25,000.001,500.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Ten Thousand Dollars ($100,000.0010,000.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change is not prohibited in Section 12.1(a) above; (v) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premisesrequire a building permit; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1. (bc) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor (or is deemed to have approved the Pre-Approved Changes as set forth in Section 12.1(b) above), Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with such contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (ii) before proceeding with any Tenant Change (including any Pre-Approved Change), provide Landlord with ten (10) days’ prior written notice thereof; and (iii) pay to Landlord, within ten (10) days after written demand, the costs of any increased insurance premiums incurred by Landlord to include such Tenant Changes in the fire and extended coverage insurance obtained by Landlord pursuant to Section 21 below, if Landlord elects in writing to insure such Tenant Changes. Landlord shall not be required to include the Tenant Changes under such insurance. If such Tenant Changes are not included in Landlord's insurance, Tenant shall insure the Tenant Changes under its casualty insurance pursuant to Section 20.1(a) below. In addition, before proceeding with any Tenant Change, Tenant's contractors shall obtain, on behalf of Tenant and at Tenant’s sole cost and expense: (A) all necessary governmental permits and approvals for the commencement and completion of such Tenant Change; and (B) a completion and lien indemnity bond, or other surety, satisfactory to Landlord for such Tenant Change. Landlord’s approval of any contractor(s) and subcontractor(s) of Tenant shall not release Tenant or any such contractor(s) and/or subcontractor(s) from any liability for any conduct or acts of such contractor(s) and/or subcontractor(s). (d) Tenant shall pay to Landlord, as additional rent, the reasonable costs of Landlord's engineers and other consultants (but not Landlord’s on-site management personnel) for review of all plans, specifications and working drawings for the Tenant Changes and for the incorporation of such Tenant Changes in the Landlord's master Building drawings, within ten (10) business days after Tenant’s receipt of invoices either from Landlord or such consultants together with (in any event) an administrative charge of five percent (5%) of the actual costs of such work. In addition to such costs, Tenant shall pay to Landlord, within ten (10) business days after completion of any Tenant Change, the actual, reasonable costs incurred by Landlord for services rendered by Landlord’s management personnel and engineers to coordinate and/or supervise any of the Tenant Changes to the extent such services are provided in excess of or after the normal on-site hours of such engineers and management personnel. (e) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and first-class workmanlike manner; (iii) in compliance with all laws, rules and rules, regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building Project or any other building located within the ProjectBuilding, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building Project or any other building located within the ProjectBuilding; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (cf) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.

Appears in 1 contract

Samples: Office Lease (Hi/Fn Inc)

Tenant Changes; Conditions. (a) Tenant shall not make any alterations, additions, additions or improvements or decorations to the Premises (collectively, "TENANT CHANGES," and individually, a "TENANT CHANGE") unless Tenant first obtains Landlord's prior written approval thereof, which approval Landlord shall not unreasonably withhold. Notwithstanding the foregoingwithhold or delay; provided, Landlord's prior approval shall not be required for however, Landlord may withhold its consent, in its sole and absolute discretion with respect to any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE-APPROVED CHANGE"): such alterations, additions, improvements or decorations to or affecting (i) the costs Base Building Components or any other structural components, and/or utilities or systems of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.00) individually; or serving the Premises or any portion thereof, or (ii) the costs any Common Areas. Landlord shall approve or disapprove of such any Tenant Change when aggregated with requiring Landlord's written consent thereto prior to the costs construction thereof within ten (10) business days after Landlord's receipt of all other the last of (A) Tenant's written request for Landlord's approval to a Tenant Changes made by Tenant during Change and the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for related to such Tenant Change, and (B) such other information related to such Tenant Change at least as Landlord may reasonably require in connection therewith within five (5) days after its receipt of the materials identified in subpart (A). If Landlord fails to approve or disapprove of any Tenant Change within the ten (10) days prior business day period identified in the immediately preceding sentence, and Landlord thereafter fails to commencement approve or disapprove of the work thereof; (iv) the such Tenant Change within ten (10) business days after its receipt of written notice of its failure to approve or disapprove of such Tenant Change within such ten (10) business day period, Landlord shall be deemed to have approved the applicable Tenant Change. If a Tenant Change (1) does not affect (y) the mechanicalBase Building Components or any other structural components, electrical, plumbing and (z) utilities or life safety systems of the Premises, the roof or structural components of serving the Premises or the exterior of the Premises; any portion thereof, and (v2) will cost less than $25,000.00, Tenant and shall have the right to make such Tenant Change otherwise satisfy all other conditions without first obtaining Landlord's written approval thereof and without the payment of any fee to Landlord in connection therewith provided that (aa) Tenant provides Landlord with a written notice describing in reasonable detail such Tenant Change, and (bb) on the date of Landlord's receipt of such written notice no Event of Default has occurred and is continuing or any event which with the giving of notice or the passage of time, or both, would constitute an Event of Default. The preceding sentence shall not excuse Tenant from performing such Tenant Change in accordance with the requirements set forth in Sections 12.4(b) and 12.4(c) below and all other applicable provisions of this Section 12.1Lease. (b) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawingsdrawings approved by Landlord; (ii) lien-free and in a good and workmanlike manner; (iii) in compliance with all lawsLaws, rules and regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990ADA and all other Disability Laws (as hereinafter defined); (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building or any other building located within the Project, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building or any other building located within the Project; and (v) at such times, in such manner and subject to such reasonable rules and regulations as Landlord may from time to time reasonably designate. (c) Throughout the performance , but in no event shall Landlord be entitled to receive a fee for Landlord's approval of the plans, specifications and/or working drawings relating to the applicable Tenant Changes, unless otherwise agreed by Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance in writing; and commercial general liability insurance (v) in compliance with the requirements of any insurance policy required to be maintained by Tenant under this Lease. Tenant shall promptly pay when due all costs and expenses of any Tenant Changes. Tenant Changes may be performed by a general contractor, construction manager, subcontractors, architects and engineers of Tenant's choice, subject to Landlord's approval which will not be unreasonably withheld or delayed. As used in this Lease, the term "DISABILITY LAWS" shall mean the provisions of Section 20 of this Lease(A) Tex. Rev. Civ.

Appears in 1 contract

Samples: Net Lease (Software Spectrum Inc)

Tenant Changes; Conditions. (a) Tenant shall not make any alterations, additions, improvements or decorations to the Premises (collectively, "TENANT CHANGESTenant Changes," and individually, a "TENANT CHANGETenant Change") unless Tenant first obtains Landlord's prior written approval thereof, which approval Landlord shall not unreasonably withholdwithhold or delayed. Notwithstanding the foregoing, Landlord's prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PREPre-APPROVED CHANGEApproved Change"): (i) the costs of such Tenant Change does not exceed Twenty-Five Fifty Thousand Dollars ($25,000.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.0050,000.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (101 0) days prior to commencement of the work thereof; (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1; and (v) the Tenant Change does not affect the structural, mechanical, life-safety or exterior elements of the Premises. (b) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and workmanlike manner; (iii) in compliance with all applicable laws, rules and regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990; and (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building or any other building located within the Project, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building or any other building located within the Project; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (c) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Leasereasonable amounts.

Appears in 1 contract

Samples: Single Tenant Industrial Lease (Cymer Inc)

Tenant Changes; Conditions. After installation of the Initial Leasehold Improvements for the Premises pursuant to Exhibit "F", Tenant may, at ---------- its sole cost and expense, make alterations, additions, improvements and decorations to the Premises (collectively "Tenant Changes") subject to and upon the following terms and conditions: (a) Notwithstanding any provision in this Paragraph 14 to the contrary, Tenant shall not make is absolutely prohibited from making any alterations, additions, improvements or decorations which: (a) affect any area outside the Premises; (ii) affect the Building's structure, equipment, services or systems, or the proper functioning thereof, or Landlord's access thereto; (iii) affect the outside appearance, character or use of the Building or the Common Areas; (iv) weaken or impair the structural strength of the Building; (v) in the reasonable opinion of Landlord, lessen the value of the Building; (vi) will violate or require a change in any occupancy certificate applicable to the Premises Premises; or (collectivelyvii) increase the cost of Landlord's insurance, "TENANT CHANGES," and individually, a "TENANT CHANGE") unless Tenant pays such increased costs within ten (10) days after written demand therefor by Landlord. (b) Before proceeding with any Tenant Change which is not otherwise prohibited in Subparagraph 14.1(a) above, Tenant must first obtains obtain Landlord's prior written approval thereofthereof (including approval of all plans, specifications and working drawings for such Tenant Change), which approval Landlord shall not be unreasonably withholdwithheld or delayed. Notwithstanding the foregoing, However Landlord's prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PREPre-APPROVED CHANGEApproved Change"): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Hundred Dollars ($25,000.00500.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Fifteen Hundred Thousand Dollars ($100,000.001,500.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten en (10) days prior to commencement of the work thereof; therefor, and (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1Subparagraph 14.1. (bc) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor (or is deemed to have approved the Pre-Approved Changes as set forth in Subparagraph 4.1(b) above), Tenant shall: (a) enter into an agreement for the performance of such Tenant Changes with such contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld or delayed. Before proceeding with any Tenant Change (including any Pre-Approved Change) Tenant shall (i) provide Landlord with ten (10) days' prior written notice thereof; and (ii) pay to Landlord, within ten (10) days after written demand, the costs of any increased insurance premiums incurred by Landlord to include such Tenant Changes in the fire and extended coverage insurance obtained by Landlord pursuant to Paragraph 23 below (however, Landlord shall be required to include the Tenant Changes under such insurance only to the extent such insurance is actually obtained by Landlord and such Tenant Changes are insurable under such insurance; if such Tenant Changes are not or cannot be included in Landlord's insurance, Tenant shall insure the Tenant Changes under its casualty insurance pursuant to Subparagraph 22.1(a) below. In addition, before proceeding with any Tenant Change, Tenant's contractors shall obtain on behalf of Tenant and at Tenant's sole cost and expense: (A) all necessary governmental permits and approvals for the commencement and completion of such Tenant Change; and (B) a completion and lien indemnity bond, or other surety, satisfactory to Landlord for such Tenant Change. (d) Tenant shall pay to Landlord, as additional rent, the reasonable costs of Landlord's engineers and other consultants (but not Landlord's on-site management personnel) for review of all plans, specifications and working drawings for the Tenant Changes, within ten (10) business days after Tenant's receipt of invoices either from Landlord or such consultants. In addition to such costs, Tenant shall pay to Landlord, within ten (10) business days after completion of any Tenant Change, the actual, reasonable costs incurred by Landlord for services rendered by Landlord's management personnel and engineers to coordinate and/or supervise any of the Tenant Changes to the extent such services are provided in excess of or after the normal on-site hours of such engineers and management personnel. (e) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good first-class and workmanlike manner; (iii) in compliance with all laws, rules rules, and regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990authorities; (iv) in such a manner so as not to unreasonably interfere with with, the occupancy of any other tenant in the Building or any other building located within the ProjectBuilding, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building or any other building located within the ProjectBuilding; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time me reasonably designate. (cf) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 Paragraph 22 of this Lease.

Appears in 1 contract

Samples: Sublease Agreement (Snowball Com Inc)

Tenant Changes; Conditions. After installation of the initial Tenant improvements for the Premises pursuant to Exhibit "C", Tenant may, at its sole cost and expense, make alterations, additions, improvements and decorations to the interior of the Building (collectively, "Tenant Changes") subject to and upon the following terms and conditions: (a) Notwithstanding any provision in this Section 12 to the contrary. Tenant shall not make is absolutely prohibited from making any alterations, additions, improvements or decorations which: (i) affect any area outside the Building; (ii) affect the Building's structure, equipment, systems, or the proper functioning thereof, or Landlord's access thereto; (iii) affect the outside appearance, character or use of the Building or the Common Areas; (iv) weaken or impair the structural strength of the Building; (v) in the reasonable opinion of Landlord, lessen the value of the Premises; or (vi) will violate or require a change in any occupancy certificate applicable to the Premises Premises. (collectivelyb) Before proceeding with any Tenant Change which is not otherwise prohibited in Section 12.1(a) above, "TENANT CHANGES," and individually, a "TENANT CHANGE") unless Tenant must first obtains obtain Landlord's prior written approval thereofthereof (including approval of all plans, specifications and working drawings for such Tenant Change), which approval Landlord shall not be unreasonably withholdwithheld or delayed. Notwithstanding the foregoingHowever, Landlord's prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PREPre-APPROVED CHANGEApproved Change"): ); (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.0025,000) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.00100,000,00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) no building permit or other authorization from the City of other governmental or quasi-governmental authority is required for the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the PremisesChange; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1 (c) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor (or is deemed to have approved the Pre-Approved Changes as set forth in Section 12.1(b) above). Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with such contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (ii) before proceeding with any Tenant Change (including any Pre-Approved Change), provide Landlord with ten (10) days' prior written notice thereof; and (iii) pay to Landlord, within ten days after written demand, the costs of any increased insurance premiums incurred by Landlord to include such Tenant Changes in the fire and extended coverage insurance obtained by Landlord pursuant to Section 21 below. However, Landlord shall be required to include the Tenant Changes under such insurance only to the extent such insurance is actually obtained by Landlord and such Tenant Changes are insurable under such insurance; if such Tenant Changes are not or cannot be included in Landlord's insurance, Tenant shall insure the Tenant Changes under its casualty insurance pursuant to Section 20.1(a) below. In addition, before proceeding with any Tenant Change, Tenant's contractors shall obtain, on behalf of Tenant and at Tenant's sole cost and expense, all necessary governmental permits and approvals for the commencement and completion of such Tenant Change. Landlord's approval of any contractor(s) and subcontractor(s) of Tenant shall not release Tenant or any such contractor(s) and/or subcontractor(s) from any liability for any conduct or acts of such contractor(s) and/or subcontractor(s). (bd) Tenant shall pay to Landlord, as additional rent, the reasonable costs (not to exceed $500 per submittal) of Landlord's engineers and other consultants (but not Landlord's on-site management personnel) for review of all plans, specifications and working drawings for the Tenant Changes, within ten (10) business days after Tenant's receipt of invoices either from Landlord or such consultants. In addition to such costs, Tenant shall pay to Landlord, within ten (10) business days after completion of any Tenant Change, the actual, reasonable costs incurred by Landlord for services rendered by Landlord's management personnel and engineers to coordinate and/or supervise any of the Tenant Changes but only to the extent such services are provided in excess of or after the normal on-site hours of such engineers and management personnel due to Tenant's desire to have work respecting the Tenant Changes performed after such normal on-site hours. (e) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and workmanlike manner; (iii) in compliance with all laws, rules and rules, regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990ADA; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building or any other building located within the Project, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building or any other building located within the ProjectBuilding; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (cf) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.

Appears in 1 contract

Samples: Office Lease (Silicon Image Inc)

Tenant Changes; Conditions. (a) Tenant shall not make any alterations, additions, improvements or decorations to the Premises (collectively, "TENANT CHANGESTenant Changes," and individually, a "TENANT CHANGETenant Change") unless Tenant first obtains Landlord's prior written approval thereof, which approval Landlord shall not unreasonably withhold. Notwithstanding the foregoing, Landlord's prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PREPre-APPROVED CHANGEApproved Change"): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Hundred Dollars ($25,000.00500.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Fifteen Hundred Thousand Dollars ($100,000.001,500.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the Building and/or the Project (collectively, the "Systems"), the roof or structural components of the Premises or the exterior of the Premises; (v) the Tenant Change does not trigger any legal requirement which would require Landlord to make any alteration or improvement to the Premises, Building or Project; and (vvi) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1. (b) All After Landlord has approved the Tenant Changes shall be performed: (i) in accordance with and the approved plans, specifications and working drawingsdrawings therefor (or is deemed to have approved the Pre-Approved Changes as set forth in Section 12.1(a) above), Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with licensed and bondable contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld; (ii) lien-free before proceeding with any Tenant Change, provide Landlord with ten (10) days' prior written notice thereof; and in a good and workmanlike manner; (iii) in compliance with all lawspay to Landlord, rules and regulations of all governmental agencies and authorities including, without limitationwithin ten (10) days after written demand, the provisions of Title III of the Americans with Disabilities Act of 1990; (iv) in such a manner so as not to unreasonably interfere with the occupancy costs of any other tenant increased insurance premiums incurred by Landlord to include such Tenant Changes in the Building or fire and extended coverage insurance obtained by Landlord pursuant to Section 21 below, if Landlord elects in writing to insure such Tenant Changes; provided, however, that Landlord shall not be required to include the Tenant Changes under such insurance. If such Tenant Changes are not included in Landlord's insurance, Tenant shall insure the Tenant Changes under its casualty insurance pursuant to Section 20.1(a) below. In addition, before proceeding with any other building located within Tenant Change, Tenant's contractors shall obtain, on behalf of Tenant and at Tenant's sole cost and expense: (A) all necessary governmental permits and approvals for the Project, nor impose any additional expense upon nor delay Landlord in the maintenance commencement and operation completion of the Building or any other building located within the Projectsuch Tenant Change; and (vB) at Landlord's request, a completion and lien indemnity bond, or other surety, satisfactory to Landlord for such times, in such manner Tenant Change. Landlord's approval of any contractor(s) and subject to such rules and regulations as Landlord may from time to time reasonably designate. (csubcontractor(s) Throughout the performance of the Tenant Changes, Tenant shall obtainnot release Tenant or any such contractor(s) and/or subcontractor(s) from any liability for any conduct or acts of such contractor(s) and/or subcontractor(s). Further, Landlord's approval of Tenant Changes and the plans therefor will create no liability or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in responsibility on Landlord's part concerning the completeness of same or their design sufficiency or compliance with the provisions of Section 20 of this Leaselaws.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (E Digital Corp)

Tenant Changes; Conditions. (a) Tenant shall not make any alterations, additions, improvements or decorations to the Premises (collectively, collectively "TENANT CHANGES," and individually, a "TENANT CHANGE") unless Tenant first obtains Landlord's prior written approval thereofapproval, which approval Landlord shall not unreasonably withhold. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including without limitation a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time and contractor for performance of the work. Notwithstanding the foregoing, LandlordXxxxxxxx's prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE-APPROVED CHANGE"): (i) the costs of such Tenant Change does not exceed Twenty-Seven Thousand Five Thousand Hundred Dollars ($25,000.007,500.0O) individually; (ii) the costs of such Tenant Change when aggregated complies with the costs of all other Tenant Changes made by Tenant during the Term of Improvement Standards attached to this Lease do not exceed One Hundred Thousand Dollars ($100,000.00); as EXHIBIT "I" (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten twenty (1020) business days prior to commencement of the work thereofwork; (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.110.1. Upon completion of any Tenant Change, whether or not Landlord's approval of such Tenant Change is required under this Lease, Tenant shall furnish Landlord a complete set of "as built" plans for such Tenant Change. (b) All Tenant Changes shall be performed: ; (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and workmanlike manner; (iii) in compliance with all laws, rules and regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building or any other building located within the Project, nor impose any additional expense expenses upon nor delay Landlord in the maintenance and operation of the Building or any other building located within the Project; Project and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (c) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 12 of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Eyeonics Inc)

Tenant Changes; Conditions. (a) Tenant shall not make any alterations, additions, improvements or decorations to the Premises (collectively, "TENANT CHANGES“Tenant Changes," and individually, a "TENANT CHANGE"“Tenant Change”) unless Tenant first obtains Landlord's ’s prior written approval thereof, which approval Landlord shall not unreasonably withhold. withhold or delay Notwithstanding the foregoing, Landlord's ’s prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE“Pre-APPROVED CHANGE"Approved Change”): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.0025,000 00) individually; , (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.00); 100,000 00) In any one (1) year period, (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; , (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1.12 1, and (v) the Tenant Change does not affect the structural, mechanical, life-safety, the roof or the exterior of the Premises (b) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in In a good and workmanlike manner; , (iii) in In compliance with all laws, rules and regulations of all governmental agencies agendas and authorities including, without limitation, the provisions of Title III Ill of the Americans with Disabilities Act of 1990; ADA, and (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building or any other building located within the Project, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building or any other building located within the Project; and (v) at such times, in In such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (c) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.

Appears in 1 contract

Samples: Single Tenant Industrial Lease (Imcor Pharmaceutical Co)

Tenant Changes; Conditions. After installation of the Tenant Improvements for the Premises pursuant to Exhibit “C”, Tenant may, at its sole cost and expense, make alterations, additions, improvements and decorations to the Premises (collectively, “Tenant Changes”) subject to and upon the following terms and conditions: (a) Notwithstanding any provision in this Section 12 to the contrary, Tenant shall not make is absolutely prohibited from making any alterations, additions, improvements or decorations which: (i) affect any area outside the Premises; (ii) affect the Building’s structure, equipment, services or systems, or the proper functioning thereof, or Landlord’s access thereto; (iii) affect the outside appearance, character or use of the Project, the Building or the Common Areas; (iv) weaken or impair the structural strength of the Building; (v) in the reasonable opinion of Landlord, lessen the value of the Project or Building; or (vi) will violate or require a change in any occupancy certificate applicable to the Premises Premises. (collectivelyb) Before proceeding with any Tenant Change which is not otherwise prohibited in Section 12.1(a), "TENANT CHANGES," and individually, a "TENANT CHANGE") unless Tenant must first obtains obtain Landlord's prior ’s written approval thereofthereof (including approval of all plans, specifications and working drawings for such Tenant Change), which approval Landlord shall not be unreasonably withholdwithheld, conditioned or delayed. Notwithstanding the foregoingHowever, Landlord's ’s prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE“Pre-APPROVED CHANGE"Approved Change”): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.005,000) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Fifteen Thousand Dollars ($100,000.0015,000); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change is not prohibited in Section 12.1(a) above; (v) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premisesrequire a building permit; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1. (bc) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor (or is deemed to have approved the Pre-Approved Changes as set forth in Section 12.1(b) above), Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with such contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (ii) before proceeding with any Tenant Change (including any Pre-Approved Change), provide Landlord with ten (10) days’ prior written notice thereof; and (iii) pay to Landlord, within ten (10) days after written demand, the costs of any increased insurance premiums incurred by Landlord to include such Tenant Changes in the fire and extended coverage insurance obtained by Landlord pursuant to Section 21 below, if Landlord elects in writing to insure such Tenant Changes. Landlord shall not be required to include the Tenant Changes under such insurance. If such Tenant Changes are not included in Landlord’s insurance, Tenant shall insure the Tenant Changes under its casualty insurance pursuant to Section 20.1(a) below. In addition, before proceeding with any Tenant Change, Tenant’s contractors shall obtain, on behalf of Tenant and at Tenant’s sole cost and expense, all necessary governmental permits and approvals for the commencement and completion of such Tenant Change. Landlord’s approval of any contractor(s) and subcontractor(s) of Tenant shall not release Tenant or any such contractor(s) and/or subcontractor(s) from any liability for any conduct or acts of such contractor(s) and/or subcontractor(s). (d) Tenant shall pay to Landlord, as additional rent, the reasonable costs of Landlord’s engineers and other consultants (but not Landlord’s on-site management personnel) for review of all plans, specifications and working drawings for the Tenant Changes and for the incorporation of such Tenant Changes in the Landlord’s master Building drawings, within ten (10) business days after Tenant’s receipt of invoices either from Landlord or such consultants together with (in any event) an administrative charge of ten percent (10%) of the actual costs of such work; provided, however, that Tenant shall not be required to pay such administrative charge in connection with the Tenant Improvements unless the Lease is terminated prior to the Commencement Date for any reason due to a default by Tenant of this Lease. In addition to such costs, Tenant shall pay to Landlord, within ten (10) business days after completion of any Tenant Change, the actual, reasonable costs incurred by Landlord for services rendered by Landlord’s management personnel and engineers to coordinate and/or supervise any of the Tenant Changes to the extent such services are provided in excess of or after the normal on-site hours of such engineers and management personnel. (e) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and first-class workmanlike manner; (iii) in compliance with all laws, rules and rules, regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building Project or any other building located within the ProjectBuilding, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building Project or any other building located within the ProjectBuilding; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (cf) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.

Appears in 1 contract

Samples: Office Lease (Orexigen Therapeutics, Inc.)

Tenant Changes; Conditions. After installation of the initial Tenant Improvements for the Premises pursuant to Exhibit "C-2", Tenant may, at its sole cost and expense, make alterations, additions, improvements and decorations to the Premises (collectively, "Tenant Changes") subject to and upon the following terms and conditions: (a) Notwithstanding any provision in this Section 12 to the contrary, Tenant shall not make is absolutely prohibited from making any alterations, additions, improvements or decorations which: (i) affect any area outside the Premises; (ii) affect the Building's structure, equipment, services or systems, or the proper functioning thereof, or Landlord's access thereto; (iii) affect the outside appearance, character or use of the Project or the Building; (iv) weaken or impair the structural strength of the Building; (v) in the reasonable opinion of Landlord, lessen the value of the Project or Building; (vi) will violate or require a change in any occupancy certificate applicable to the Premises Premises; or would trigger a legal requirement which would require Landlord to make any alteration or improvement to the Premises, Building or Project. (collectivelyb) Before proceeding with any Tenant Change which is not otherwise prohibited in Section 12.1(a) above, "TENANT CHANGES," and individually, a "TENANT CHANGE") unless Tenant must first obtains obtain Landlord's prior written approval thereofthereof (including approval of all plans, specifications and working drawings for such Tenant Change), which approval Landlord shall not be unreasonably withholdwithheld or delayed. Notwithstanding the foregoingHowever, Landlord's prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PREPre-APPROVED CHANGEApproved Change"): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease a calendar year do not exceed One Hundred Seventy-Five Thousand Dollars ($100,000.0075,000.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; and (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1. (bc) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor (or is deemed to have approved the Pre-Approved Changes as set forth in Section 12.1(b) above), Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with such contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (ii) before proceeding with any Tenant Change (including any Pre-Approved Change), provide Landlord with ten (10) days' prior written notice thereof; and (iii) pay to Landlord, within ten (10) days after written demand, the costs of any increased insurance premiums incurred by Landlord to include such Tenant Changes in the fire and extended coverage insurance obtained by Landlord pursuant to Section 21 below. In addition, before proceeding with any Tenant Change, Tenant's contractors shall obtain, on behalf of Tenant and at Tenant's sole cost and expense, all necessary governmental permits and approvals for the commencement and completion of such Tenant Change. (d) Tenant shall pay to Landlord, as additional rent, the reasonable costs of Landlord's outside engineers and other consultants (but not Landlord's internal personnel) for review of all plans, specifications and working drawings for the Tenant Changes, within ten (10) business days after Tenant's receipt of invoices either from Landlord or such consultants. In addition to such costs, Tenant shall pay to Landlord, within ten (10) business days after completion of any Tenant Change, the actual, reasonable costs incurred by Landlord for services rendered by Landlord's management personnel and engineers to coordinate and/or supervise any of the Tenant Changes to the extent such services are provided in excess of or after the normal on-site hours of such engineers and management personnel. (e) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and first-class workmanlike manner; (iii) in compliance with all laws, rules and rules, regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990ADA; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building Project or any other building located within the ProjectBuilding, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building Project or any other building located within the ProjectBuilding; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (cf) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.

Appears in 1 contract

Samples: Office Lease (Armata Pharmaceuticals, Inc.)

Tenant Changes; Conditions. (a) 12.1.1 Tenant shall not make any alterations, additions, improvements or decorations to the Premises (collectively, "TENANT CHANGES," and individually, a "TENANT CHANGE") unless Tenant first obtains Landlord's prior written approval thereof, which approval Landlord shall not unreasonably withhold, condition or delay. Notwithstanding the foregoing, Landlord's prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE-APPROVED CHANGE"): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.00)100,000) individually; (iiiii) Tenant delivers to Landlord final plans, specifications and working drawings for (if necessary) or such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (viii) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1; and (iv) the Tenant Change does not affect the structural, mechanical, life-safety or exterior elements of the Premises and such Tenant Change is not visible from the exterior of the Premises. The construction of the Buildings and the initial Tenant Improvements therein shall be governed by the Work Letter Agreement and not this Article 12; this Article 12 shall only apply to Tenant Changes subsequent to initial construction. (b) 12.1.2 All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and workmanlike manner; (iii) in compliance with all laws, rules and regulations of all governmental agencies and authorities including, without limitation, applicable building permit requirements and/or the provisions of Title III of the Americans with Disabilities Act of 1990; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building or any other building located within the Project, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building or any other building located within the ProjectADA; and (viv) at such times, in such manner and subject to such non-discriminatory rules and regulations as Landlord may from time to time reasonably designate. (c) 12.1.3 Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this LeaseLease and "Builder's All Risk" insurance in a commercially reasonable amount given the scope of the Tenant Change, covering the construction of such Tenant Change, it being understood by Tenant, that all such Tenant Changes shall be insured by Tenant pursuant to Section 20 upon the completion thereof. 12.1.4 Landlord agrees that Landlord shall approve or disapprove for reasonable reasons, the plans and specifications and/or working drawings for any proposed Tenant Change within ten (10) business days after receipt of the same by Landlord and, if disapproved, Landlord shall return the plans and specifications and/or working drawings to Tenant together with a reasonably detailed statement of the basis for Landlord's disapproval thereof and Tenant shall direct Tenant's architect or space planner to make all necessary revisions to the same. If Landlord thereafter disapproves the plans and specifications and/or working drawings for the proposed Tenant Change as revised, Landlord, Tenant and Tenant's architect or space planner shall, within three (3) business days following receipt of notice of such disapproval, meet and revise the plans and specifications and/or working drawings to the reasonable satisfaction of Landlord and Tenant. This procedure shall be repeated until Landlord and Tenant ultimately approve the plans and specifications and/or working drawings for the proposed Tenant Change. Despite the foregoing, if Landlord fails to respond to any request by Tenant for approval of a Tenant Change within ten (10) business days after receipt of Tenant's request for 12.1.5 Notwithstanding anything to the contrary contained herein, Landlord and Tenant hereby agree and acknowledge that it is Tenant's intention to construct a child care facility on the Premises for use by Tenant's employees (the "CHILD CARE FACILITIES"). Tenant hereby agrees and acknowledges that, if permitted by applicable Laws and subject to Tenant's receipt of all applicable governmental approvals and permits, Tenant shall be entitled to construct the Child Care Facilities in accordance with the terms of this Section 12.1 (and not the terms of the Tenant Work Letter). Tenant acknowledges that Landlord's requirements for the plans and specifications and working drawings for the Child Care Facilities to be approved by Landlord pursuant to this Section 12.1 may include a requirement for aesthetic screening. Tenant further acknowledges that any such Child Care Facilities located on the Premises which are available to Tenant and Tenant's employees will be provided by Tenant or a third party (the "CHILD CARE PROVIDER") and not by Landlord. If Tenant's employees choose to use the Child Care Facilities, Tenant acknowledges that Tenant and Tenant's employees are not relying upon any investigation which Landlord may have conducted concerning the Child Care Provider or any warranties or representation with respect thereto, it being the sole responsibility of Tenant and the individual user of the Child Care Facilities to conduct any and all investigations of the Child Care Facilities prior to making use thereof. Accordingly, Landlord shall have no responsibility with respect to the quality or care provided by the Child Care Facilities, or for any acts or omissions of the Child Care Provider. Furthermore, Tenant, for Tenant and for Tenant's employees, hereby agrees that Landlord, its members, partners, subpartners and their respective officers, agents, servants, employees, and independent contractors shall not be liable for, and are hereby released from any responsibility for any loss, cost, damage, expense or liability, either to person or property, arising from the use of the Child Care Facilities by Tenant or Tenant's employees. Nothing contained herein is intended to be a representation or warranty by Landlord that any Child Care Facilities will be permitted by Law during the Lease Term and Landlord shall have no obligation to provide, or to make available, any such Child Care Facilities.

Appears in 1 contract

Samples: Single Tenant Lease (Platinum Software Corp)

Tenant Changes; Conditions. (a) Tenant shall not make any alterations, additions, improvements or decorations to the Premises (collectively, "TENANT CHANGES“Tenant Changes," and individually, a "TENANT CHANGE"“Tenant Change”) unless Tenant first obtains Landlord's ’s prior written approval thereof, which approval Landlord shall not unreasonably withhold, condition or delay. Notwithstanding the foregoing, . Landlord's ’s prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE“Pre-APPROVED CHANGE"Approved Change”): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.00)) in any three (3) year period; (iii) If applicable, Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement following completion of the work thereof; (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1; and (v) the Tenant Change does not require a building permit and does not affect the structural, electrical mechanical, life-safety or exterior elements of the Premises (Including, by way of example, and not limitation, repainting re-carpeting, re-flooring, hanging wall coverings, installing low-voltage wiring and hanging pictures and shelving, cabinetry, re-tooling equipment, warehousing fixtures, or any other similar non-structural Tenant Changes). (b) Prior to performing any Tenant Changes, Tenant shall submit to Landlord plans and specifications for such Tenant Changes for Landlord’s approval (provided such approval shall not be required with respect to Pre-Approved Changes). After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor (or is deemed to have approved the Pre-Approved Changes as set forth in Section 12.1(a) above), Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with licensed and bondable contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; and (ii) before proceeding with any Tenant Change, provide Landlord with at least ten (10) days’ prior written notice thereof. In addition, before proceeding with any Tenant Change, Tenant’s contractors shall obtain, on behalf of Tenant and at Tenant’s sole cost and expense (provided Landlord agrees, at no material cost to Landlord, to reasonably cooperate with Tenant and its contractors in obtaining the following permits and approvals): (A) all necessary governmental permits and approvals for the commencement and completion of such Tenant Change; and (B) at Landlord’s reasonable request, a completion and lien indemnity bond, or other surety, satisfactory to Landlord for such Tenant Change (provided, however, that Landlord shall waive the imposition of such bond/surety for Tenant Changes made by Tenant or any Affiliate Assignee). Landlord’s approval of any contractor(s) and subcontractor(s) of Tenant shall not release Tenant or any such contractor(s) and/or subcontractor(s) from any liability for any conduct or acts of such contractor(s) and/or subcontractor(s). Further, Landlord’s approval of Tenant Changes and the plans therefor will create no liability or responsibly on Landlord’s part concerning the completeness of same or their design sufficiency or compliance with laws. (c) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawingsdrawings pre-approved by Landlord, if applicable; (ii) lien-free (subject to the terms and conditions of Section 13) and in a good and workmanlike manner; (iii) in compliance with all laws, rules and regulations of all governmental agencies and authorities including, without limitation, applicable building permit requirements and the provisions of Title III of the Americans with Disabilities Act of 1990ADA and all applicable Environmental Laws; (iv) in by licensed and/or bondable contractors and subcontractors approved by Landlord (such a manner so as approval not to be unreasonably interfere with the occupancy of any other tenant in the Building withheld, conditioned, or any other building located within the Project, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building or any other building located within the Project; delayed) and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. In no event shall any Landlord-approved Tenant Changes to the roof of the Building cause a violation of any roof warranty maintained by Landlord. (cd) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.

Appears in 1 contract

Samples: Single Tenant Lease (Triple Net) (Global Brass & Copper Holdings, Inc.)

Tenant Changes; Conditions. Tenant may, at its sole cost and expense, make alterations, additions, improvements and decorations to the Premises (collectively, “Tenant Changes”) subject to and upon the following terms and conditions: (a) Tenant shall not may not, without the prior written consent of Landlord which may be withheld in Landlord’s sole and absolute (but good faith) discretion, make any alterations, additions, improvements or decorations to which: (i) affect any area outside the Premises Premises; (ii) affect the Building’s structure or the mechanical, HVAC, electrical, plumbing, sprinkler or life safety systems of the Premises, Building and/or the Project (collectively, "TENANT CHANGES," the “Systems”), equipment, services or systems, or the proper functioning thereof, or Landlord’s access thereto; (iii) affect the outside appearance, character or use of the Project, the Building or the Common Areas; (iv) weaken or impair the structural strength of the Building; (v) in the reasonable opinion of Landlord, lessen the value of the Project or Building; or (vi) will violate or require a change in any occupancy certificate applicable to the Premises. Notwithstanding anything to the contrary in this Lease and individuallysubject to Tenant’s compliance with the terms and conditions of this Section 12, Landlord hereby approves, in concept, the following Tenant Changes and agrees that Tenant shall have no obligation to remove or restore such Tenant Changes on the expiration of this Lease: (a) install a "TENANT CHANGE"door on the wall adjoining the Premises to the premises leased by Auspex, and (b) unless install a curtain fixture behind the glass wall inside the Premises. (b) Before proceeding with any Tenant Change which is not otherwise prohibited in Section 12.1(a) above, Tenant must first obtains obtain Landlord's prior ’s written approval thereofthereof (including approval of all plans, specifications and working drawings for such Tenant Change), which approval Landlord shall not be unreasonably withholdwithheld. Notwithstanding the foregoingHowever, Landlord's ’s prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE“Pre-APPROVED CHANGE"Approved Change”): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Hundred Dollars ($25,000.00500.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Fifteen Hundred Thousand Dollars ($100,000.001,500.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change is not prohibited in Section 12.1(a) above; (v) the Tenant Change does not affect the mechanicalrequire a building permit, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (vvi) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1. (bc) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor (or is deemed to have approved the Pre-Approved Changes as set forth in Section 12.1(b) above), Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with such contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld; and (ii) before proceeding with any Tenant Change (including any Pre-Approved Change), provide Landlord with ten (10) days’ prior written notice thereof. In addition, before proceeding with any Tenant Change, Tenant’s contractors shall obtain, on behalf of Tenant and at Tenant’s sole cost and expense: (A) all necessary governmental permits and approvals for the commencement and completion of such Tenant Change; and (B) a completion and lien indemnity bond, or other surety, satisfactory to Landlord for such Tenant Change. Landlord’s approval of any contractor(s) and subcontractor(s) of Tenant shall not release Tenant or any such contractor(s) and/or subcontractor(s) from any liability for any conduct or acts of such contractor(s) and/or subcontractor(s). (d) Tenant shall pay to Landlord, as additional rent, the reasonable costs of Landlord’s engineers and other consultants for review of all plans, specifications and working drawings for the Tenant Changes, within ten (10) business days after Tenant’s receipt of invoices either from Landlord or such consultants together with (in any event) an administrative charge of five percent (5%) of the actual costs of such work. In addition to such costs, Tenant shall pay to Landlord, within ten (10) days after completion of any Tenant Change, the actual, reasonable costs incurred by Landlord for services rendered by Landlord’s management personnel and engineers to coordinate and/or supervise any of the Tenant Changes to the extent such services are provided in excess of or after the normal on-site hours of such engineers and management personnel. (e) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and first-class workmanlike manner; (iii) in compliance with all laws, rules and rules, regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building Project or any other building located within the ProjectBuilding, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building Project or any other building located within the ProjectBuilding; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (cf) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.

Appears in 1 contract

Samples: Office Lease (Auspex Pharmaceuticals, Inc.)

Tenant Changes; Conditions. (a) After installation of the initial Tenant shall not Improvements for the Premises pursuant to Exhibit "C", Tenant may, at its sole cost and expense, make any alterations, additions, improvements or and decorations to the Premises (collectively, "TENANT CHANGES," and individually, a "TENANT CHANGE") unless subject to and upon the following terms and conditions: (a) Notwithstanding any provision in this Section 12 to the contrary, Tenant first obtains is absolutely prohibited from making any alterations, additions, improvements or decorations which: (i) affect any area outside the Premises; (ii) affect the Building's structure or proper functioning of equipment, services or systems, or Landlord's prior access thereto; (iii) except for Tenant's signage, changes to which shall require approval by the City under all circumstances, affect the outside appearance, character or use of the Project or the Building; (iv) weaken or impair the structural strength of the Building; (v) in the reasonable opinion of Landlord, lessen the value of the Project or Building; or (vi) will violate or require a change in any occupancy certificate applicable to the Premises. (b) Before proceeding with any Tenant Change which is not otherwise prohibited in Section 12.1(a) above, Tenant must first obtain Landlord's written approval thereofthereof (including approval of all plans, specifications and working drawings for such Tenant Change), which approval Landlord shall not be unreasonably withholdwithheld or delayed or conditioned. Notwithstanding the foregoingHowever, Landlord's prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE-APPROVED CHANGE"): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.00) individually; (ii) if customarily prepared for work equal in scope to the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.00); (iii) in question. Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (viii) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1. (bc) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor (or is deemed to have approved the Pre-Approved Changes as set forth in Section 12.1(b) above), Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with such contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (ii) before proceeding with any Tenant Change (including any Pre-Approved Change), provide Landlord with ten (10) days' prior written notice thereof; and (iii) pay to Landlord, within ten (10) days after written demand, the costs of any increased insurance premiums incurred by Landlord to include such Tenant Changes in the fire and extended coverage insurance obtained by Landlord pursuant to Section 21 below. However, Landlord shall be required to include the Tenant Changes under such insurance only to the extent such insurance is actually obtained by Landlord and such Tenant Changes are insurable under such insurance; if such Tenant Changes are not or cannot be included in Landlord's insurance, Tenant shall insure the Tenant Changes under its casualty insurance pursuant to Section 20.1(a) below. In addition, before proceeding with any Tenant Change, Tenant's contractors shall obtain, on behalf of Tenant and at Tenant's sole cost and expense all necessary governmental permits and approvals for the commencement and completion of such Tenant Change. Landlord's approval of any contractor(s) and subcontractor(s) of Tenant shall not release Tenant or any such contractor(s) and/or subcontractor(s) from any liability for any conduct or acts of such contractor(s) and/or subcontractor(s). (d) Tenant shall pay to Landlord, as additional rent, the reasonable costs of Landlord's engineers and other consultants (but not Landlord's on-site management personnel) for review of all plans, specifications and working drawings for the Tenant Changes, within ten (10) business days after Tenant's receipt of invoices either from Landlord or such consultants. In addition to such costs, Tenant shall pay to Landlord, within ten (10) business days after completion of any Tenant Change, the actual, reasonable costs incurred by Landlord for services rendered by Landlord's management personnel and engineers to coordinate and/or supervise any of the Tenant Changes to the extent such services are provided in excess of or after the normal on-site hours of such engineers and management personnel. (e) All Tenant Changes shall be performed: (i) substantially in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and workmanlike manner; (iii) in compliance with all laws, rules and rules, regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990ADA; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building Project or any other building located within the ProjectBuilding, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building Project or any other building located within the ProjectBuilding; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (cf) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease. (g) Subject to the provisions of this Section 12, including, without limitation, Landlord's prior approval of plans and specifications, Tenant shall have the non-exclusive right, at Tenant's sole cost and expense, to (a) install supplemental HVAC units on the roof of the Building and b) to construct a roof deck on the exterior of the Building in an area immediately adjacent to the fourth (4th) floor penthouse ("ROOF DECK"); provided, however, the portions of the roof of the Building within which Landlord may exercise or grant additional roof rights shall be limited to the area shown on Exhibit "H-1" and the exercise of such roof rights by Landlord or any other party shall not interfere with Tenant's right to use the roof area as granted herein and in Exhibit "H". The location of any supplemental HVAC units shall be at Landlord's sole discretion. Tenant shall be solely responsible for obtaining all necessary permits and approvals for the installation of any supplemental HVAC units and the Roof Deck, and shall pay all costs thereof. In addition, Tenant shall operate, maintain, repair and replace any supplemental HVAC equipment and the Roof Deck at its sole cost and expense. (h) Landlord shall have seven (7) business days following a request from Tenant to approve or disapprove any plans for Tenant Changes or Tenant's proposed contractor(s). If Landlord has not responded to Tenant's request for approval within three (3) business days following the expiration of such seven (7) day period and a second request for approval from Tenant, the plans and/or contractor shall automatically be deemed approved.

Appears in 1 contract

Samples: Lease (Doubleclick Inc)

Tenant Changes; Conditions. (a) Tenant shall not make any alterations, additions, or improvements or decorations to the Premises (collectively, "TENANT CHANGESTenant Changes," and individually, a "TENANT CHANGETenant Change") unless Tenant first obtains Landlord's prior written approval thereof, which approval Landlord shall not unreasonably withholdwithhold or delay. Notwithstanding the foregoing, Landlord's prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PREPre-APPROVED CHANGEApproved Change"): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Pre-Approved Changes made by Tenant during the Term of this Lease do not exceed One Two Hundred Thousand Dollars ($100,000.00)200,000.00) in any twelve (12) consecutive month period; (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1; and (v) the Tenant Change does not affect the structural, electrical, mechanical, life-safety or exterior elements of the Premises. Notwithstanding the foregoing, the construction of initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter attached hereto as Exhibit D and not the terms of this Article 12. (b) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor (or is deemed to have approved the Pre-Approved Changes as set forth in Section 12.1(a) above), Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with licensed and bondable contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; and (ii) before proceeding with any Tenant Change, provide Landlord with at least ten (10) days' prior written notice thereof. In addition, before proceeding with any Tenant Change, Tenant's contractors shall obtain, on behalf of Tenant and at Tenant's sole cost and expense: (A) all necessary governmental permits and approvals for the commencement and completion of such Tenant Change; and (B) if the cost of the Tenant Change is expected to be in excess of $100,000.00, at Landlord's request, a completion and lien indemnity bond, or other surety, reasonably satisfactory to Landlord for such Tenant Change. Landlord's approval of any contractor(s) and subcontractor(s) of Tenant shall not release Tenant or any such contractor(s) and/or subcontractor(s) from any liability for any conduct or acts of such contractor(s) and/or subcontractor(s). Further, Landlord's approval of Tenant Changes and the plans therefor will create no liability or responsibility on Landlord's part concerning the completeness of same or their design sufficiency or compliance with Laws. (c) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and workmanlike manner; (iii) in compliance with all laws, rules and regulations of all governmental agencies and authorities Laws including, without limitation, applicable building permit requirements and the provisions of Title III of the Americans with Disabilities Act of 1990ADA; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building or any other building located within the Project, nor impose any additional expense upon nor delay by licensed and/or bondable contractors and subcontractors approved by Landlord in the maintenance and operation of the Building or any other building located within the Project; and (v) at such timestimes necessary, in such manner and subject to such safety rules and regulations as Landlord may from time to time reasonably designate. In no event shall Landlord be liable for any Tenant Change or Pre-Approved Change. (cd) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section Article 20 of this Lease.

Appears in 1 contract

Samples: Single Tenant Lease (Triple Net) (Biocept Inc)

Tenant Changes; Conditions. (a) Tenant shall not make any alterations, additions, improvements or decorations to the Premises (collectively, "TENANT CHANGES," and individually, a "TENANT CHANGE") unless Tenant first obtains Landlord's prior written approval thereof, which approval Landlord shall not unreasonably withhold. Notwithstanding the foregoing, Landlord's prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE-APPROVED CHANGE"): (i) the costs of such Tenant Change does not exceed Twenty-Five Ten Thousand Dollars ($25,000.0010,000.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Fifty Thousand Dollars ($100,000.0050,000.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the Building and/or the Project (collectively, the "SYSTEMS"), the roof or structural components of the Premises or the exterior of the Premises; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1. (b) All After Landlord has approved the Tenant Changes shall be performed: (i) in accordance with and the approved plans, specifications and working drawingsdrawings therefor (or is deemed to have approved the Pre-Approved Changes as set forth in Section 12.1(a) above), Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with licensed and bondable contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld; (ii) lien-free before proceeding with any Tenant Change, provide Landlord with ten (10) days' prior written notice thereof; and in a good and workmanlike manner; (iii) in compliance with all lawspay to Landlord, rules and regulations of all governmental agencies and authorities including, without limitationwithin ten (10) days after written demand, the provisions of Title III of the Americans with Disabilities Act of 1990; (iv) in such a manner so as not to unreasonably interfere with the occupancy costs of any other tenant increased insurance premiums incurred by Landlord to include such Tenant Changes in the Building or fire and extended coverage insurance obtained by Landlord pursuant to Section 21 below, if Landlord elects in writing to insure such Tenant Changes; provided, however, that Landlord shall not be required to include the Tenant Changes under such insurance. If such Tenant Changes are not included in Landlord's insurance, Tenant shall insure the Tenant Changes under its casualty insurance pursuant to Section 20.1(a) below. In addition, before proceeding with any other building located within Tenant Change, Tenant's contractors shall obtain, on behalf of Tenant and at Tenant's sole cost and expense: (A) all necessary governmental permits and approvals for the Project, nor impose any additional expense upon nor delay Landlord in the maintenance commencement and operation completion of the Building or any other building located within the Projectsuch Tenant Change; and (vB) at Landlord's request, a completion and lien indemnity bond, or other surety, satisfactory to Landlord for such times, in such manner Tenant Change. Landlord's approval of any contractor(s) and subject to such rules and regulations as Landlord may from time to time reasonably designate. (csubcontractor(s) Throughout the performance of the Tenant Changes, Tenant shall obtainnot release Tenant or any such contractor(s) and/or subcontractor(s) from any liability for any conduct or acts of such contractor(s) and/or subcontractor(s). Further, Landlord's approval of Tenant Changes and the plans therefor will create no liability or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in responsibility on Landlord's part concerning the completeness of same or their design sufficiency or compliance with the provisions of Section 20 of this Leaselaws.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (HNC Software Inc/De)

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Tenant Changes; Conditions. (a) Tenant shall not make any alterations, additions, improvements or decorations to the Premises (collectively, "TENANT CHANGESTenant Changes," and individually, a "TENANT CHANGETenant Change") unless Tenant first obtains Landlord's prior written approval thereof, which approval Landlord shall not unreasonably withhold. Tenant's request for approval may also include Tenant's request that Landlord identify which, if any, of the Tenant Changes Landlord will require to be removed before the termination of this Lease (as contemplated under Section 12.2 below). Notwithstanding the foregoing, Landlord's prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PREPre-APPROVED CHANGEApproved Change"): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.005,000.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do prior 12 months does not exceed One Hundred Fifteen Thousand Dollars ($100,000.0015,000.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the Building and/or the Project (collectively, the "Systems"), the roof or structural components of the Premises or the exterior of the Premises; (v) the Tenant Change does not trigger any legal requirement which would require Landlord to make any alteration or improvement to the Premises, Building or Project; and (vvi) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1. (b) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor (or is deemed to have approved the Pre-Approved Changes as set forth in Section 12.1(a) above), Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with licensed and bondable contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld; (ii) before proceeding with any Tenant Change, provide Landlord with ten (10) days' prior written notice thereof; and (iii) pay to Landlord, within ten (10) days after written demand, the costs of any increased insurance premiums incurred by Landlord to include such Tenant Changes in the fire and extended coverage insurance obtained by Landlord pursuant to Section 21 below, if Landlord elects in writing to insure such Tenant Changes; provided, however, that Landlord shall not be required to include the Tenant Changes under such insurance. If such Tenant Changes are not included in Landlord's insurance, Tenant shall insure the Tenant Changes under its casualty insurance pursuant to Section 20.1(a) below. In addition, before proceeding with any Tenant Change, Tenant's contractors shall obtain, on behalf of Tenant and at Tenant's sole cost and expense: (A) all necessary governmental permits and approvals for the commencement and completion of such Tenant Change; and (B) at Landlord's request, if the cost of work exceeds Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00), a completion and lien indemnity bond, or other surety, satisfactory to Landlord for such Tenant Change. Landlord's approval of any contractor(s) and subcontractor(s) of Tenant shall not release Tenant or any such contractor(s) and/or subcontractor(s) from any liability for any conduct or acts of such contractor(s) and/or subcontractor(s). Further, Landlord's approval of Tenant Changes and the plans therefor will create no liability or responsibility on Landlord's part concerning the completeness of same or their design sufficiency or compliance with laws. (c) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and workmanlike manner; (iii) in compliance with all laws, rules and regulations of all governmental agencies and authorities including, without limitation, applicable building permit requirements and the provisions of Title III of the Americans with Disabilities Act of 1990; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building or any other building located within the Project, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building or any other building located within the Project; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (cd) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.

Appears in 1 contract

Samples: Multi Tenant Lease (Encore Capital Group Inc)

Tenant Changes; Conditions. (a) Subsequent to the completion of Tenant’s initial Tenant Improvements, Tenant shall not make any alterations, additions, improvements or decorations to the Premises (collectively, "TENANT CHANGES“Tenant Changes," and individually, a "TENANT CHANGE"“Tenant Change”) unless Tenant first obtains Landlord's ’s prior written approval thereof, which approval Landlord shall not unreasonably withholdwithhold or delay. Notwithstanding the foregoing, Landlord's ’s prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE“Pre-APPROVED CHANGE"Approved Change”): (i) the costs of such Tenant Change does not exceed Twenty-Five Ten Thousand Dollars ($25,000.0010,000.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the Building and/or the Project (collectively, the “Systems”), the roof or structural components of the Premises or the exterior of the Premises; (v) the Tenant Changes do not require a building permit; and (vvi) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1. (b) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor (or is deemed to have approved the Pre-Approved Changes as set forth in Section 12.1(a) above), Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with licensed and bondable contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld or delay; and (ii) before proceeding with any Tenant Change, provide Landlord with ten (10) days’ prior written notice thereof. Tenant shall insure the Tenant Changes under its casualty insurance pursuant to Section 20.1(a) below. In addition, before proceeding with any Tenant Change, Tenant’s contractors shall obtain, on behalf of Tenant and at Tenant’s sole cost and expense: (A) all necessary governmental permits and approvals for the commencement and completion of such Tenant Change; and (B) at Landlord’s request, a completion and lien indemnity bond, or other surety, satisfactory to Landlord for such Tenant Change. Landlord’s approval of any contractor(s) and subcontractor(s) of Tenant shall not release Tenant or any such contractor(s) and/or subcontractor(s) from any liability for any conduct or acts of such contractor(s) and/or subcontractor(s). Further, Landlord’s approval of Tenant Changes and the plans therefor will create no liability or responsibility on Landlord’s part concerning the completeness of same or their design sufficiency or compliance with laws. (c) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and workmanlike manner; (iii) in compliance with all laws, rules and regulations of all governmental agencies and authorities including, without limitation, applicable building permit requirements and the provisions of Title III of the Americans with Disabilities Act of 1990; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building or any other building located within the Project, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building or any other building located within the Project; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (cd) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease. (e) Tenant shall pay to Landlord, as additional rent, the reasonable costs of Landlord’s engineers and other consultants for review of all plans, specifications and working drawings for the Tenant Changes, within ten (10) business days after Tenant’s receipt of invoices either from Landlord or such consultants. In addition to such costs, Tenant shall pay to Landlord, within ten (10) days after completion of any Tenant Change, the actual, reasonable costs incurred by Landlord for services rendered by Landlord’s management personnel and engineers to coordinate and/or supervise any of the Tenant Changes to the extent such services are provided in excess of or after the normal on-site hours of such engineers and management personnel.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (Lacrosse Footwear Inc)

Tenant Changes; Conditions. (a) Tenant shall not make any alterations, additions, improvements or decorations to the Premises (collectively, "TENANT CHANGES," and individually, a "TENANT CHANGE") unless Tenant first obtains Landlord's prior written approval thereof, which approval Landlord shall not unreasonably withholdwithhold or delay. Notwithstanding the foregoing, Landlord's prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE-APPROVED CHANGE"): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.00)) in any one (1) year period; (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1; and (v) the Tenant Change does not affect the structural, mechanical, life-safety, the roof or the exterior of the Premises. (b) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and workmanlike manner; (iii) in compliance with all laws, rules and regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building or any other building located within the Project, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building or any other building located within the ProjectADA; and (viv) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (c) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.

Appears in 1 contract

Samples: Single Tenant Industrial Lease (Alliance Pharmaceutical Corp)

Tenant Changes; Conditions. (a) After installation of the initial Tenant shall not Improvements for the Premises pursuant to Exhibit "C", Tenant may, at its sole cost and expense, make any alterations, additions, improvements or and decorations to the Premises (collectively, "TENANT CHANGES," and individually, a "TENANT CHANGE") unless subject to and upon the following terms and conditions: (a) Notwithstanding any provision in this Section 12 to the contrary, Tenant first obtains is absolutely prohibited from making any alterations, additions, improvements or decorations which: (i) affect any area outside the Premises; (ii) affect the Building's structure, equipment, services or systems, or the proper functioning thereof, or Landlord's prior access thereto; (iii) affect the outside appearance, character or use of the Project, the Building or the Common Areas; (iv) weaken or impair the structural strength of the Building; (v) in the reasonable opinion of Landlord, lessen the value of the Project or Building; or (vi) will violate or require a change in any occupancy certificate applicable to the Premises. (b) Before proceeding with any Tenant Change which is not otherwise prohibited in Section 12.1(a) above, Tenant must first obtain Landlord's written approval thereofthereof (including approval of all plans, specifications and working drawings for such Tenant Change), which approval Landlord shall not be unreasonably withholdwithheld or delayed. Notwithstanding the foregoing, Landlord's prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE-APPROVED CHANGE"): (i) the costs of such Tenant Change does not exceed Twenty-Five Thirty Thousand Dollars ($25,000.0030,000.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during any year the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1; and (v) such Tenant Change does not affect the structure or the mechanical or electrical systems serving the Premises. Landlord's consent to such Tenant Changes shall be deemed granted unless within five (5) business days after receipt of Tenant's written request therefore accompanied by any required plans and specifications, Landlord notifies Tenant that such consent is denied stating the specific reason therefore and any modifications required for such consent. Notwithstanding the foregoing restrictions of this Section 12.1(b), Landlord's consent to recarpeting or painting the interior of the Premises will be not be required; provided Tenant shall notify Landlord of any such installations in advance and shall coordinate such work with Landlord to avoid any interference to other tenants. (bc) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor (or is deemed to have approved the Pre-Approved Changes as set forth in Section 12.1(b) above), Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with such contractors and subcontractors selected by Tenant and approved by Landlord, which approval Landlord shall not unreasonably withhold or delay (provided if Landlord shall not provide its approval or reasonable grounds for disapproval within five (5) business days, Landlord's approval shall be deemed given); (ii) before proceeding with any Tenant Change (including any Pre-Approved Change), provide Landlord with ten (10) days' prior written notice thereof; and (iii) pay to Landlord, within ten (10) days after written demand, the costs of any increased insurance premiums incurred by Landlord to include such Tenant Changes in the fire and extended coverage insurance obtained by Landlord pursuant to Section 21 below. However, Landlord shall be required to include the Tenant Changes under such insurance only to the extent such insurance is actually obtained by Landlord and such Tenant Changes are insurable under such insurance; if such Tenant Changes are not or cannot be included in Landlord's insurance, Tenant shall insure the Tenant Changes under its casualty insurance pursuant to Section 20.1(a) below. In addition, before proceeding with any Tenant Change, Tenant's contractors shall obtain, on behalf of Tenant and at Tenant's sole cost and expense all necessary governmental permits and approvals for the commencement and completion of such Tenant Change. Landlord's approval of any contractor(s) and subcontractor(s) of Tenant shall not release Tenant or any such contractor(s) and/or subcontractors) from any liability for any conduct or acts of such contractor(s) and/or subcontractor(s). (d) Tenant shall pay to Landlord, as additional rent, the reasonable costs not to exceed a total of One Thousand Five Hundred Dollars ($1,500.00) of Landlord's engineers and other consultants (but not Landlord's on-site management personnel) for review of all plans, specifications and working drawings for the Tenant Changes that require Landlord's consent, within thirty (30) business days after Tenant's receipt of invoices either from Landlord or such consultants. In addition to such costs, Tenant shall pay to Landlord, within ten (10) business days after completion of any Tenant Change, the actual, reasonable costs incurred by Landlord for services rendered by Landlord's management personnel (not to exceed $85.00 per hour) and engineers to coordinate and/or supervise any of the Tenant Changes to the extent such services are provided in excess of or after the normal on-site hours of such engineers and management personnel. (e) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawingsdrawings if Landlord's consent thereto is required; (ii) lien-free and in a good and first-class workmanlike manner; (iii) in compliance with all laws, rules and rules, regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III the ADA then in effect (provided that Landlord has delivered the Premises in full compliance with all ADA requirements in effect as of the Americans with Disabilities Act of 1990Commencement Date); (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building Project or any other building located within the ProjectBuilding, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building Project or any other building located within the ProjectBuilding; and (v) at such times, in such manner and subject to such reasonable rules and regulations as Landlord may from time to time reasonably designatedesignate provided that Tenant shall be entitled to make such Tenant Changes during normal business hours so long as the conduct thereof does not materially interfere with other tenants of the Project. (cf) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.

Appears in 1 contract

Samples: Office Lease (Good Guys Inc)

Tenant Changes; Conditions. (a) After installation of the initial Tenant shall not Improvements for the Premises pursuant to Exhibit "C", Tenant may, at its sole cost and expense, make any alterations, additions, improvements or and decorations to the Premises (collectively, "TENANT CHANGES," and individually, a "TENANT CHANGE") unless subject to and upon the following terms and conditions: (a) Notwithstanding any provision in this Section 12 to the contrary, Tenant first obtains is absolutely prohibited from making any alterations, additions, improvements or decorations which: (i) affect any area outside the Premises; (ii) affect the Building's structure, equipment, services or systems, or the proper functioning thereof, or Landlord's prior access thereto; (iii) affect the outside appearance, character or use of the Project, the Building or the Common Areas; (iv) weaken or impair the structural strength of the Building; (v) in the reasonable opinion of Landlord, lessen the value of the Project or Building; or (vi) will violate or require a change in any occupancy certificate applicable to the Premises. (b) Before proceeding with any Tenant Change which is not otherwise prohibited in Section 12.1(a) above, Tenaxx xxxt first obtain Landlord's written approval thereofthereof (including approval of all plans, specifications and working drawings for such Tenant Change), which approval Landlord shall not be unreasonably withholdwithheld or delayed. Notwithstanding the foregoingHowever, Landlord's prior Landxxxx'x xrior approval shall not be required for any Tenant Change (other than Tenant Changes for the Patio) which satisfies all of the following conditions (hereinafter a "PRE-APPROVED CHANGE"): ): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.005,000.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Fifty Thousand Dollars ($100,000.0050,000.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; and (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.112. 1. In addition to obtaining Landlord's consent to Tenant Changes for the Patio pursuant to the first sentence of this Section 12.(b), Tenant must obtain Landlord's consent (which may not be unreasonably withheld or delayed) to the placement of any furniture or plants on the Patio if the same are visible from other locations of the Project. (bc) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor (or is deemed to have approved the Pre-Approved Changes as set forth in Section 12.1(b) above), Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with such contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (ii) before proceeding with any Tenant Change (including any Pre-Approved Change), provide Landlord with ten (10) days' prior written notice thereof; and (iii) pay to Landlord, within ten (10) days after written demand, the costs of any increased insurance premiums incurred by Landlord to include such Tenant Changes in the fire and extended coverage insurance obtained by Landlord pursuant to Section 21 below. However, Landlord shall be required to include the Tenant Changes under such insurance only to the extent such insurance is actually obtained by Landlord and such Tenant Changes are insurable under such insurance; if such Tenant Changes are not or cannot be included in Landlord's insurance, Tenant shall insure the Tenant Changes under its casualty insurance pursuant to Section 20.1(a) below. In addition, before proceeding with any Tenant Change, Tenaxx'x contractors shall obtain, on behalf of Tenant and at Tenant's sole cost and expense: (A) all necessary governmental permits and, approvals for the commencement and completion of such Tenant Change; and (B) if required by Landlord, a completion and lien indemnity bond, or other surety, satisfactory to Landlord for any such Tenant Change that is in excess of Fifty Thousand Dollars ($50,000.00). Landxxxx'x xpproval of any contractor(s) and subcontractor(s) of Tenant shall not release Tenant or any such contractor(s) and/or subcontractor(s) from any liability for any conduct or acts of such contractor(s) and/or subcontractor(s). (d) Tenant shall pay to Landlord, as additional rent, the reasonable and actual costs of Landlord's engineers and other consultants (but not Landlord's on-site management personnel) for review of all plans, specifications and working drawings for the Tenant Changes, within ten (10) business days after Tenaxx'x xeceipt of invoices either from Landlord or such consultants. In addition to such costs, Tenant shall pay to Landlord, within ten (10) business days after completion of any Tenant Change, the actual, reasonable costs incurred by Landlord for services rendered by Landxxxx'x xanagement personnel and engineers to coordinate and/or supervise any of the Tenant Changes to the extent such services are provided in excess of or after the normal on-site hours of such engineers and management personnel. (e) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and first-class workmanlike manner; (iii) in compliance with all laws, rules and rules, regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990ADA; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building Project or any other building located within the ProjectBuilding, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building Project or any other building located within the ProjectBuilding; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (cf) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.

Appears in 1 contract

Samples: Office Lease (Websidestory Inc)

Tenant Changes; Conditions. After installation of the initial Tenant Improvements for the Premises pursuant to Exhibit "C", Tenant may, at its sole cost and expense, make alterations, additions, improvements and decorations to the Premises (collectively, "Tenant Changes") subject to and upon the following terms and conditions: (a) Notwithstanding any provision in this Section 12 to the contrary, Tenant shall not make is prohibited from making any alterations, additions, improvements or decorations which: (i) affect any area outside the Premises; (ii) affect the Building's structure, equipment, services or systems, or the proper functioning thereof, or Landlord's access thereto; (iii) affect the outside appearance, character or use of the Project, the Building or the Common Areas; (iv) weaken or impair the structural strength of the Building; (v) will violate or require a change in any occupancy certificate applicable to the Premises Premises; or (collectivelyvi) would trigger a legal requirement which would require Landlord to make any alteration or improvements to the Premises, "TENANT CHANGES," and individuallyBuilding or Project. (b) Before proceeding with any Tenant Change which is not otherwise prohibited in Section 12.1(a) above, a "TENANT CHANGE") unless Tenant must first obtains obtain Landlord's prior written approval thereofthereof (including approval of all plans, specifications and working drawings for such Tenant Change), which approval Landlord shall not be unreasonably withholdwithheld or delayed. Notwithstanding the foregoingHowever, Landlord's prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PREPre-APPROVED CHANGEApproved Change"): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.005,000) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Twenty Thousand Dollars ($100,000.0020,000); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; and (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1. (c) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor (or is deemed to have approved the Pre-Approved Changes as set forth in Section 12.1(b) above), Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with such contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (ii) before proceeding with any Tenant Change (including any Pre-Approved Change), provide Landlord with ten (10) days' prior written notice thereof; and (iii) pay to Landlord, within ten (10) days after written demand, the costs of any increased insurance premiums incurred by Landlord to include such Tenant Changes in the fire and extended coverage insurance obtained by Landlord pursuant to Section 21 below. However, Landlord shall be required to include the Tenant Changes under such insurance only to the extent such insurance is actually obtained by Landlord and such Tenant Changes are insurable under such insurance; if such Tenant Changes are not or cannot be included in Landlord's insurance, Tenant shall insure the Tenant Changes under its casualty insurance pursuant to Section 20.1(a) below. In addition, before proceeding with any Tenant Change, Tenant's contractors shall obtain, on behalf of Tenant and at Tenant's sole cost and expense: (a) all necessary governmental permits and approvals for the commencement and completion of such Tenant Change; and (b) a completion and lien indemnity bond, or other surety, satisfactory to Landlord for such Tenant Change. Landlord's approval of any contractor(s) and subcontractor(s) of Tenant shall not release Tenant or any such contractor(s) and/or subcontractor(s) from any liability for any conduct or acts of such contractor(s) and/or subcontractor(s). (d) Tenant shall pay to Landlord, as additional rent, the reasonable costs of Landlord's engineers and other consultants (but not Landlord's on-site management personnel) for review of all plans, specifications and working drawings for the Tenant Changes, within ten (10) business days after Tenant's receipt of invoices either from Landlord or such consultants. In addition to such costs, Tenant shall pay to Landlord, within ten (10) business days after completion of any Tenant Change, the actual, reasonable costs incurred by Landlord for services rendered by Landlord's management personnel and engineers to coordinate and/or supervise any of the Tenant Changes to the extent such services are provided in excess of or after the normal on-site hours of such engineers and management personnel. (e) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and workmanlike manner; (iii) in compliance with all laws, rules and rules, regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990ADA; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building Project or any other building located within the ProjectBuilding, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building Project or any other building located within the ProjectBuilding; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (cf) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.

Appears in 1 contract

Samples: Office Lease (Willdan Group, Inc.)

Tenant Changes; Conditions. (a) Tenant shall not may, at its sole cost and expense, make any alterations, additions, improvements or and decorations to the Premises (collectively, "TENANT CHANGES," and individually, a "TENANT CHANGE") unless subject to and upon the following terms and conditions: (a) Notwithstanding any provision in this Section 12 (including, but not limited to, Section 12.1(b)) to the contrary, Tenant first obtains is absolutely prohibited from making any alterations, additions, improvements or decorations which: (i) affect any area outside the Premises; (ii) affect the Building's structure, equipment, services or systems, or the proper functioning thereof, or Landlord's prior access thereto; (iii) affect the outside appearance, character or use of the Project, the Building or the Common Areas; (iv) weaken or impair the structural strength of the Building; (v) in the reasonable opinion of Landlord, lessen the value of the Project or Building; or (vi) will violate or require a change in any occupancy certificate applicable to the Premises. (b) Before proceeding with any Tenant Change which is not otherwise prohibited in Section 12.1(a) above, Tenant must first obtain Landlord's written approval thereofthereof (including approval of all plans, specifications and working drawings for such Tenant Change), which approval Landlord shall not be unreasonably withholdwithheld or delayed. Notwithstanding the foregoingHowever, Landlord's prior approval shall not be required for any Tenant Change which is cosmetic in nature (e.g. interior painting and wallpapering), or which satisfies all each of the following conditions (hereinafter a "PRE-APPROVED CHANGE"): (i) the costs of such Tenant Change does not exceed Twenty-Five Three Thousand Dollars ($25,000.003,000.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1. (b) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and workmanlike manner; (iii) in compliance with all laws, rules and regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building or any other building located within the Project, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building or any other building located within the Project; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (c) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.

Appears in 1 contract

Samples: Office Lease (Maxwell Laboratories Inc /De/)

Tenant Changes; Conditions. Tenant may, at its sole cost and expense, make alterations, additions, improvements and decorations to the Premises (collectively, “Tenant Changes”) subject to and upon the following terms and conditions: (a) Notwithstanding any provision in this Section 12 to the contrary, Tenant shall not make is absolutely prohibited from making any alterations, additions, improvements or decorations to which: (i) affect any area outside the Premises Premises; (ii) materially affect the proper functioning of the Building’s mechanical, HVAC, electrical, plumbing, sprinkler or life safety systems (collectively, "TENANT CHANGES," and individuallythe “Systems”); (iii) affect the outside appearance, character or use of the Project, the Building or the Common Areas; (iv) weaken or impair the structural strength of the Building; (v) in the reasonable opinion of Landlord, lessen the value of the Project or Building; or (vi) will violate or require a "TENANT CHANGE"change in any occupancy certificate applicable to the Premises. (b) unless Before proceeding with any Tenant Change which is not otherwise prohibited in Section 12.1(a) above, Tenant must first obtains obtain Landlord's prior ’s written approval thereofthereof (including approval of all plans, specifications and working drawings for such Tenant Change), which approval Landlord shall not be unreasonably withholdwithheld. Notwithstanding the foregoingHowever, Landlord's ’s prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE“Pre-APPROVED CHANGE"Approved Change”): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.005,000.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during any calendar year of the Term of this Lease do not exceed One Hundred Ten Thousand Dollars ($100,000.0010,000.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change is not prohibited in Section 12.1(a) above; (v) the Tenant Change does not affect the mechanicalrequire a building permit, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (vvi) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1. (bc) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor (or is deemed to have approved the Pre-Approved Changes as set forth in Section 12.1(b) above), Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with such contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld; and (ii) before proceeding with any Tenant Change (including any Pre-Approved Change), provide Landlord with ten (10) days’ prior written notice thereof. In addition, before proceeding with any Tenant Change, Tenant’s contractors shall obtain, on behalf of Tenant and at Tenant’s sole cost and expense: (A) all necessary governmental permits and approvals for the commencement and completion of such Tenant Change; and (B) a completion and lien indemnity bond, or other surety, satisfactory to Landlord for such Tenant Change. Landlord’s approval of any contractor(s) and subcontractor(s) of Tenant shall not release Tenant or any such contractor(s) and/or subcontractor(s) from any liability for any conduct or acts of such contractor(s) and/or subcontractor(s). (d) Tenant shall pay to Landlord, as additional rent, the reasonable costs of Landlord’s engineers and other consultants reasonably required by Landlord for review of all plans, specifications and working drawings for the Tenant Changes, within ten (10) business days after Tenant’s receipt of invoices either from Landlord or such consultants together with (in any event) an administrative charge of five percent (5%) of the actual costs of such work. In addition to such costs, Tenant shall pay to Landlord, within ten (10) days after completion of any Tenant Change, the actual, reasonable costs incurred by Landlord for services rendered by Landlord’s management personnel and engineers to coordinate and/or supervise any of the Tenant Changes to the extent such services are provided in excess of or after the normal on-site hours of such engineers and management personnel. (e) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and first-class workmanlike manner; (iii) in compliance with all laws, rules and rules, regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building Project or any other building located within the ProjectBuilding, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building Project or any other building located within the ProjectBuilding; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (cf) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.

Appears in 1 contract

Samples: Office Lease (Axesstel Inc)

Tenant Changes; Conditions. After installation of the initial Leasehold Improvements for the Premises pursuant to Exhibit "F1", Tenant may, at ------------ its sole cost and expense, make alterations, additions, improvements and decorations to the Premises (collectively, "Tenant Changes") subject to and upon the following terms and conditions: (a) Notwithstanding any provision in this Paragraph 14 to the contrary, Tenant shall not make is absolutely prohibited from making any alterations, additions, improvements or decorations which: (i) affect any area outside the Premises; (ii) affect the Building's structure, equipment, services or systems, or the proper functioning thereof, or Landlord's access thereto; (iii) affect the outside appearance, character or use of the Building or the Common Areas; (iv) weaken or impair the structural strength of the Building; (v) in the reasonable opinion of Landlord, lessen the value of the Building; (vi) will violate or require a change in any occupancy certificate applicable to the Premises Premises; or (collectivelyvii) increase the cost of Landlord's insurance, "TENANT CHANGES," and individually, a "TENANT CHANGE") unless Tenant pays such increased costs within ten (10) days after written demand therefor by Landlord. (b) Before proceeding with any Tenant Change which is not otherwise prohibited in Subparagraph 14.1(a) above, Tenant must first obtains obtain Landlord's prior written approval thereofthereof (including approval of all plans, specifications and working drawings for such Tenant Change), which approval Landlord shall not be unreasonably withholdwithheld or delayed. Notwithstanding the foregoingHowever, Landlord's prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PREPre-APPROVED CHANGEApproved Change"): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Hundred Dollars ($25,000.00500.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Fifteen Hundred Thousand Dollars ($100,000.001,500.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premisestherefor; and (viv) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1Subparagraph 14.1. (bc) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor (or is deemed to have approved the Pre-Approved Changes as set forth in Subparagraph 14.1(b) above), Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with such contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld or delayed. Before proceeding with any Tenant Change (including any Pre-Approved Change) Tenant shall (i) provide Landlord with ten (10) days' prior written notice thereof; and (ii) pay to Landlord, within ten (10) days after written demand, the costs of any increased insurance premiums incurred by Landlord to include such Tenant Changes in the fire and extended coverage insurance obtained by Landlord pursuant to Paragraph 23 below (however, Landlord shall be required to include the Tenant Changes under such insurance only to the extent such insurance is actually obtained by Landlord and such Tenant Changes are insurable under such insurance; if such Tenant Changes are not or cannot be included in Landlord's insurance, Tenant shall insure the Tenant Changes under its casualty insurance pursuant to Subparagraph 22.1(a) below. In addition, before proceeding with any Tenant Change, Tenant's contractors shall obtain, on behalf of Tenant and at Tenant's sole cost and expense: (A) all necessary governmental permits and approvals for the commencement and completion of such Tenant Change; and (B) a completion and lien indemnity bond, or other surety, satisfactory to Landlord for such Tenant Change. (d) Tenant shall pay to Landlord, as additional rent, the reasonable costs of Landlord's engineers and other consultants (but not Landlord's on-site management personnel) for review of all plans, specifications and working drawings for the Tenant Changes, within ten (10) business days after Tenant's receipt of invoices either from Landlord or such consultants. In addition to such costs, Tenant shall pay to Landlord, within ten (10) business days after completion of any Tenant Change, the actual, reasonable costs incurred by Landlord for services rendered by Landlord's management personnel and engineers to coordinate and/or supervise any of the Tenant Changes to the extent such services are provided in excess of or after the normal on-site hours of such engineers and management personnel. (e) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good first-class and workmanlike manner; (iii) in compliance with all laws, rules rules, and regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990authorities; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building or any other building located within the ProjectBuilding, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building or any other building located within the ProjectBuilding; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (cf) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 Paragraph 22 of this Lease.

Appears in 1 contract

Samples: Sublease Agreement (Snowball Com Inc)

Tenant Changes; Conditions. (a) Tenant shall not make any alterations, additions, additions or improvements or decorations to the Premises (collectively, "TENANT CHANGESTenant Changes," and individually, a "TENANT CHANGETenant Change") unless Tenant first obtains Landlord's prior written approval thereof, which approval Landlord shall not unreasonably withhold. Notwithstanding the foregoingwithhold or delay; provided, Landlord's prior approval shall not be required for however, Landlord may withhold its consent, in its sole and absolute discretion with respect to any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE-APPROVED CHANGE"): such alterations, additions, improvements or decorations to or affecting (i) the costs Base Building Components or any other structural components, and/or utilities or systems of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.00) individually; or serving the Premises or any portion thereof, or (ii) the costs any Common Areas. Landlord shall approve or disapprove of such any Tenant Change when aggregated with requiring Landlord's written consent thereto prior to the costs construction thereof within ten (10) business days after Landlord's receipt of all other the last of(A)Tenant's written request for Landlord's approval to a Tenant Changes made by Tenant during Change and the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for related to such Tenant Change, and (B) such other information related to such Tenant Change at least as Landlord may reasonably require in connection therewith after its receipt of the materials identified in subpart (A). If Landlord fails to approve or disapprove of any Tenant Change within the ten (10) days prior business day period identified in the immediately preceding sentence, and Landlord thereafter fails to commencement approve or disapprove of the work thereof; (iv) the such Tenant Change within ten (10) business days after its receipt of written notice of its failure to approve or disapprove of such Tenant Change within such ten (10) business day period, Landlord shall be deemed to have approved the applicable Tenant Change. If a Tenant Change (1) does not affect (y) the mechanicalBase Building Components or any other structural components, electrical, plumbing and (z) utilities or life safety systems of the Premises, the roof or structural components of serving the Premises or the exterior of the Premises; any portion thereof, and (v2) will cost less than $10,000.00, Tenant and shall have the right to make such Tenant Change otherwise satisfy all other conditions set forth without first obtaining Landlord's written approval thereof and without the payment of any fee to Landlord in this Section 12.1. connection therewith provided that (baa) All Tenant Changes provides Landlord with a written notice describing in reasonable detail such Tenant Change, and (bb) on the date of Landlord's receipt of such written notice no Event of Default has occurred and is continuing or any event which with the giving of notice or the passage of time, or both, would constitute an Event of Default. The preceding sentence shall be performed: (i) not excuse Tenant from performing such Tenant Change in accordance with the approved plans, specifications requirements set forth in Sections 12.1(b) and working drawings; (ii) lien-free and in a good and workmanlike manner; (iii) in compliance with all laws, rules and regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building or any other building located within the Project, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building or any other building located within the Project; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (c) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.12.1

Appears in 1 contract

Samples: Triple Net Lease (Inflow Inc)

Tenant Changes; Conditions. Tenant may, at its sole cost and expense, make alterations, additions, improvements and decorations to the Premises (collectively, “Tenant Changes”) subject to and upon the following terms and conditions: (a) Notwithstanding any provision in this Section 12 to the contrary, without the written consent of Landlord (which may be withheld in Landlord’s sole and absolute (but good faith) discretion), Tenant shall is not permitted to make any alterations, additions, improvements or decorations to which: (i) affect any area outside the Premises Premises; (ii) affect the Building’s structure or the mechanical, HVAC, electrical, plumbing, sprinkler or life safety systems of the Premises, Building and/or the Project (collectively, "TENANT CHANGES," and individuallythe “Systems”), equipment, services or systems, or the proper functioning thereof, or Landlord’s access thereto; (iii) affect the outside appearance, character or use of the Project, the Building or the Common Areas; (iv) weaken or impair the structural strength of the Building; or (v) will violate or require a "TENANT CHANGE"change in any occupancy certificate applicable to the Premises. (b) unless Before proceeding with any Tenant Change which is not otherwise prohibited in Section 12.1(a) above, Tenant must first obtains obtain Landlord's prior ’s written approval thereofthereof (including approval of all plans, specifications and working drawings for such Tenant Change), which approval Landlord shall not be unreasonably withholdwithheld. Notwithstanding the foregoingIf Landlord does not respond to Tenant’s request for approval within ten (10) days of receiving such request and if such failure continues for an additional three (3) days after Tenant’s second (2nd) request to Landlord, then such lack of response shall conclusively be deemed approval by Landlord of such Tenant Change. However, Landlord's ’s prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE“Pre-APPROVED CHANGE"Approved Change”): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Fifty Thousand Dollars ($100,000.0050,000.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change is not prohibited in Section 12.1(a) above; (v) the Tenant Change does not affect the mechanicalrequire a building permit, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (vvi) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1. (bc) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor (or is deemed to have approved the Pre-Approved Changes as set forth in Section 12.1(b) above), Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with such contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld; and (ii) before proceeding with any Tenant Change (including any Pre-Approved Change), provide Landlord with ten (10) days’ prior written notice thereof. In addition, before proceeding with any Tenant Change, Tenant’s contractors shall obtain, on behalf of Tenant and at Tenant’s sole cost and expense: (A) all necessary governmental permits and approvals for the commencement and completion of such Tenant Change; and (B) a completion and lien indemnity bond, or other surety, satisfactory to Landlord for such Tenant Change but only if such Tenant Change is anticipated to cost in excess of One Hundred Thousand Dollars ($100,000.00). Landlord’s approval of any contractor(s) and subcontractor(s) of Tenant shall not release Tenant or any such contractor(s) and/or subcontractor(s) from any liability for any conduct or acts of such contractor(s) and/or subcontractor(s). (d) Tenant shall pay to Landlord, as additional rent, the reasonable costs of Landlord’s engineers and other consultants for review of all plans, specifications and working drawings for the Tenant Changes, within ten (10) business days after Tenant’s receipt of invoices either from Landlord or such consultants together with (in any event) an administrative charge of five percent (5%) of the actual hard material costs of such work. In addition to such costs, Tenant shall pay to Landlord, within ten (10) days after completion of any Tenant Change and upon receipt of reasonable documentation reflecting the costs incurred, the actual, reasonable costs incurred by Landlord for services rendered by Landlord’s engineers to coordinate and/or supervise any of the Tenant Changes to the extent such services are provided in excess of or after the normal on-site hours of such engineers and management personnel. (e) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and first-class workmanlike manner; (iii) in compliance with all laws, rules and rules, regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building Project or any other building located within the ProjectBuilding, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building Project or any other building located within the ProjectBuilding; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (cf) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.

Appears in 1 contract

Samples: Office Lease (Orexigen Therapeutics, Inc.)

Tenant Changes; Conditions. After installation of the Leasehold Improvements for the Premises pursuant to Exhibit “D”, Tenant may, at its sole cost and expense, make alterations, additions, improvements and decorations to the Premises (collectively, “Tenant Changes”) subject to and upon the following terms and conditions: (a) Notwithstanding any provision in this Section 7 to the contrary, Tenant shall not make is absolutely prohibited from making any alterations, additions, improvements or decorations which: (i) affect any area outside the Premises; (ii) affect the Building Structure or the Building Systems, or the proper functioning thereof, or Landlord’s access thereto; (iii) affect the outside appearance, character or use of the Project, the Building or the Common Areas; (iv) weaken or impair the structural strength of the Building Structure; (v) in the reasonable opinion of Landlord, lessen the value of the Project or Building; or (vi) will violate or require a change in any occupancy certificate applicable to the Premises Premises. (collectivelyb) Before proceeding with any Tenant Change which is not otherwise prohibited in Section 7.1(a) above, "TENANT CHANGES," and individually, a "TENANT CHANGE") unless Tenant must first obtains obtain Landlord's prior ’s written approval thereofthereof (including approval of all plans, specifications and working drawings for such Tenant Change), which approval Landlord shall not be unreasonably withholdwithheld or delayed. Notwithstanding the foregoingHowever, Landlord's ’s prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE-APPROVED CHANGE"): (i) which, when combined with all of Tenant’s other Tenant Changes over a twelve (12)-month period do not, in the costs of such Tenant Change does not exceed aggregate, cost more than Twenty-Five Thousand Dollars ($25,000.00) individuallyor constitutes a cosmetic Tenant Change (such as painting, carpentry, wall covering, hanging pictures) (a “Cosmetic Change”); (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.00); (iii) provided that Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premisesthereof except for Cosmetic Changes; and (viii) further provided that Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.17.1. Landlord’s failure to disapprove the Tenant Changes in accordance with this Section within ten (10) days after Landlord’s receipt of Tenant’s approval request shall constitute Landlord’s disapproval of the Tenant Changes. (bc) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor, Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with such contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; (ii) before proceeding with any Tenant Change, provide Landlord with ten (10) days’ prior written notice thereof; and (iii) pay to Landlord, within fifteen (15) days after written demand, the costs of any increased insurance premiums incurred by Landlord specifically attributable to such Tenant Changes in the fire and extended coverage insurance obtained by Landlord pursuant to Section 9.1 below. However, Landlord shall be required to include the Tenant Changes under such insurance only to the extent such insurance is actually obtained by Landlord and such Tenant Changes are insurable under such insurance; if such Tenant Changes are not or cannot be included in Landlord’s insurance, Landlord shall notify Tenant and Tenant shall insure the Tenant Changes under its personal property insurance pursuant to Section 9.2 below. In addition, before proceeding with any Tenant Change, Tenant’s contractors shall obtain, on behalf of Tenant and at Tenant’s sole cost and expense, all necessary governmental permits and approvals for the commencement of such Tenant Change. (d) Tenant shall pay to Landlord, as additional rent, the reasonable and actual out of pocket costs of Landlord’s engineers and other consultants for review of all plans, specifications and working drawings for the Tenant Changes, within thirty (30) days after Tenant’s receipt of invoices either from Landlord or such consultants. (e) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good first-class and workmanlike manner; (iii) in compliance with all laws, rules rules, and regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990authorities; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building Project or any other building located within the ProjectBuilding, nor impose any additional expense upon nor unreasonably delay Landlord in the maintenance and operation of the Building Project or any other building located within the ProjectBuilding; and (v) at such times, in such manner and subject to such rules the Rules and regulations as Landlord may from time to time reasonably designateRegulations. (cf) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 9.2 of this Lease. (g) Any and all alterations that are “Telecom Equipment” (as defined in Section 26.1(a) below) will also be governed by the terms and conditions of Section 26, and if there is any conflict between the requirements of this Section 7.1 and those of Section 26 with respect to Telecom Equipment, Section 26 will govern. (h) Removal of Tenant Changes and Leasehold Improvements. All Tenant Changes and the Leasehold Improvements in the Premises (whether installed or paid for by Landlord or Tenant), shall become the property of Landlord and shall remain upon and be surrendered with the Premises at the end of the Term of this Lease. Landlord’s consent to the Leasehold Improvements and Tenant Changes shall relieve Tenant of any obligation to remove such Leasehold Improvements and/or Tenant Changes at the expiration or sooner termination of this Lease, unless, with respect to Tenant Changes only, at the time Landlord consents to such Tenant Changes, Landlord indicates that it will require removal of such Tenant Changes on the expiration or sooner termination of this Lease. If Tenant so desires, Tenant may, prior to making any Tenant Changes (regardless of whether Landlord’s consent to such Tenant Changes is required), request Landlord to notify Tenant, in writing, within ten (10) days following receipt of Tenant’s request, as to whether Landlord will require the removal of such Tenant Changes and restoration of the Premises to the condition which existed prior to the performance of any such Tenant Changes, reasonable wear and tear excepted. If Landlord fails to respond to Tenant’s request, in writing, within such ten (10)-day period, Landlord shall be deemed to have elected to require that such Tenant Changes not be removed and the Premises not be restored as of the expiration or sooner termination of the Term of this Lease. If Landlord requires Tenant to remove any such items as described above, Tenant shall, at its sole cost, remove the identified items on or before the expiration or sooner termination of this Lease and repair any damage to the Premises caused by such removal reasonable wear and tear excepted (or, at Landlord’s option, shall pay to Landlord all of Landlord’s costs of such removal and repair). Notwithstanding anything in this Lease to the contrary, under no circumstances will Tenant be required to remove any Leasehold Improvement performed as the initial build-out pursuant to Exhibit “D”, or to repair, replace or paint wall or floor coverings or patch small holes in the walls caused by wall coverings (e.g., picture frames) at the Expiration Date or sooner termination date of this Lease (“Surrender Condition Qualifications”); provided, however, that notwithstanding the foregoing, Tenant shall, except to the extent that Landlord elects otherwise by written notice to Tenant, be required to remove any generators (including Tenant’s Back-Up Systems (as defined in Section 30 below)), satellite equipment (including the Satellite System (as defined in Section 31 below)) and ATMs (including the ATM and ATM Equipment (as those terms are defined in Section 32 below)) and other similar type equipment on or before the Expiration Date or sooner termination date of this Lease and shall restore the Premises and/or Building to the condition which existed prior to the installation of such items or to the condition that would have existed if such item had not been included in the initial build-out of the Building or Premises, reasonable wear and tear excepted. Notwithstanding the foregoing, Tenant shall not be required to remove Tenant’s HVAC Units (as defined in Section 30 below) so long as such equipment is in good operating condition; otherwise Landlord may elect to require Tenant to remove such equipment at the Expiration Date or earlier termination of this Lease. Subject to Landlord’s prior written approval (which will not be unreasonably withheld) and Landlord’s right to impose reasonable requirements as to the contractor as provided in this Section 7, Tenant shall have the non-exclusive right, subject to availability, to the reasonable use of the Building’s roof, shafts, risers and conduits between Tenant’s Premises and other parts of the Building’s roof, shafts, risers and conduits between Tenant’s Premises and other parts of the Building for the sole purpose of installing cabling for communications, data processing, Tenant’s HVAC Units, the Satellite System and Tenant’s Back-Up System.

Appears in 1 contract

Samples: Lease Agreement (First California Financial Group, Inc.)

Tenant Changes; Conditions. (a) Tenant shall not not, without Landlord’s prior written consent, make any alterations, additions, or improvements or decorations to the Premises (collectively, "TENANT CHANGES," and individually, a "TENANT CHANGE") unless Tenant first obtains Landlord's prior written approval thereof, which approval Landlord shall not unreasonably withholdChanges”). Notwithstanding the foregoing, Landlord's prior approval Tenant shall not be required for any to obtain Landlord’s consent to non-structural Tenant Change which satisfies all of Changes that cost not more than $1,000,000 per project (“Non-Consent Changes”). Any Tenant Changes shall be subject to and upon the following conditions terms and conditions: (hereinafter a "PRE-APPROVED CHANGE"): a) Notwithstanding any provision in this Section 12 to the contrary, Tenant is absolutely prohibited from making any alterations, additions, or improvements which: (i) affect any area outside the costs of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.00) individuallyPremises; (ii) adversely affect the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.00); Building’s structure, (iii) materially and adversely affect any equipment, services or Building Systems, or the proper functioning thereof, (iv) affect the outside appearance of the Building or the Common Areas (except as otherwise provided in this Lease), or (v) weaken or impair the structural strength of the Building. (b) Before proceeding with any Tenant delivers to Landlord final Changes (other than Non-Consent Changes) which are not otherwise prohibited in Section 12.1(a) above, Tenant must first obtain Landlord’s written approval thereof (including approval of all plans, specifications and working drawings for such Tenant Change at least Changes), which approval shall not be unreasonably withheld, conditioned or delayed and Tenant must notify Landlord with a minimum ten (10) days business days’ prior to commencement any Tenant Changes to the Premises in order for the Landlord to post a Notice of Non-responsibility on the work Building and Premises. (c) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefore, Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with such general contractor selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; (ii) before proceeding with any Tenant Changes, provide Landlord with ten (10) days’ prior written notice thereof; and (iviii) pay to Landlord, upon written demand, the costs of any increased insurance premiums incurred by Landlord to include such Tenant Changes in the fire and extended coverage insurance obtained by Landlord, if any. However, Landlord shall be required to include the Tenant Change does Changes under such insurance only to the extent such insurance is actually obtained (or required to be obtained under this Lease) by Landlord and such Tenant Changes are insurable under such insurance; if such Tenant Changes are not affect or cannot be included in Landlord’s insurance, Tenant shall insure the mechanicalTenant Changes under its casualty insurance pursuant to Section 20.1(a) below. In addition, before proceeding with any Tenant Changes, Tenant’s contractors shall obtain, on behalf of Tenant and at Tenant’s sole cost and expense all necessary governmental permits and approvals for the commencement and completion of such Tenant Changes Landlord’s approval of any contractor(s) of Tenant shall not release Tenant or any such contractor(s) from any liability for any conduct or acts of such contractor(s) or its subcontractor(s). Landlord will not unreasonably withhold, condition or delay its approval of any Tenant Changes, the plans and specifications therefor or Tenant’s general contractor, and, Landlord shall not withhold approval of any Tenant Changes that are generally consistent with or represent a logical evolution of, the Tenant Improvements or the then-existing improvements in the Building or the premises leased under the Other Lease. Tenant will remove within 30 days of recording, any mechanic liens recorded against the Property due to any Tenant Changes. (d) Tenant shall pay to Landlord, as Additional Rent, the reasonable out of pocket costs of Landlord’s third party engineer for review of all plans, specifications and working drawings for the Tenant Changes which involve the Building structure, HVAC, electrical, plumbing plumbing, or life safety systems security systems, within thirty (30) days after Tenant’s receipt of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1invoices from Landlord. (be) All Tenant Changes shall be performed: (i) substantially in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and first-class workmanlike manner; (iii) in compliance with all laws, rules and rules, regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990ADA; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building or any other building located within the Project, Project nor impose any additional expense upon nor unreasonably delay Landlord in the maintenance and operation of the Building or any other building located within the Project; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designatedesignate with respect to the Common Areas. (cf) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease, except that the limits of such insurance shall be in such amounts as is typically carried by such contractors taking into account the scope of work performed. (g) Landlord hereby approves of Tenant’s construction of those improvements set forth in Exhibit “D” hereto as the Tenant Improvements, and of Tenant’s use of Technical Builders as a contractor. Tenant shall not be required to use union labor. Notwithstanding any of the foregoing, (i) Tenant shall not be required to design or construct any Tenant Improvements in the Premises and (ii) Landlord shall approve or reasonably disapprove any consent or approval request with respect to the Tenant Improvements or any Tenant Change within ten (10) business days after the request for consent.

Appears in 1 contract

Samples: Office Lease (QuantumScape Corp)

Tenant Changes; Conditions. Tenant shall not, without Landlord’s prior written consent, make any alterations, additions, improvements and decorations to the Premises (collectively, “Tenant Changes”). Any Tenant Changes shall be subject to and upon the following terms and conditions: (a) Notwithstanding any provision in this Section 12 to the contrary, Tenant shall not make is absolutely prohibited from making any alterations, additions, improvements or decorations which: (i) affect any area outside the Premises; (ii) affect the Building’s structure, equipment, services or systems, or the proper functioning thereof, or Landlord’s access thereto; (iii) affect the outside appearance, character or use of the Project, the Building or the Common Areas; (iv) weaken or impair the structural strength of the Building; (v) in the reasonable opinion of Landlord, lessen the value of the Project or Building; or (vi) will violate or require a change in any occupancy certificate applicable to the Premises Premises. (collectively, "TENANT CHANGES," and individually, a "TENANT CHANGE"b) unless Tenant first obtains Landlord's prior written approval thereof, which approval Landlord shall not unreasonably withhold. Notwithstanding the foregoing, Landlord's prior approval shall not be required for Before proceeding with any Tenant Change which satisfies all of the following conditions is not otherwise prohibited in Section 12.1(a) above, Tenant must first obtain Landlord’s written approval thereof (hereinafter a "PRE-APPROVED CHANGE"): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Dollars ($25,000.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs including approval of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Hundred Thousand Dollars ($100,000.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change), which approval shall not be unreasonably withheld or delayed and Tenant must notify Landlord with a minimum 30 days prior to any Alterations or Tenant Change to the Premises in order for the Landlord to post a Notice of Non-responsibility on the Building and Premises. (c) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefore (or is deemed to have approved the Pre-Approved Changes as set forth in Section 12.1(b) above), Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with such contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (ii) before proceeding with any Tenant Change (including any Pre-Approved Change), provide Landlord with ten (10) business days’ prior written notice thereof; and (iii) pay to Landlord, upon written demand, the costs of any increased insurance premiums incurred by Landlord to include such Tenant Changes in the fire and extended coverage insurance obtained by Landlord pursuant to Section 21 below. However, Landlord shall be required to include the Tenant Changes under such insurance only to the extent such insurance is actually obtained by Landlord and such Tenant Changes are insurable under such insurance; if such Tenant Changes are not or cannot be included in Landlord’s insurance, Tenant shall insure the Tenant Changes under its casualty insurance pursuant to Section 20.1(a) below. In addition, before proceeding with any Tenant Change, Tenant’s contractors shall obtain, on behalf of Tenant and at least Tenant’s sole cost and expense: (A) all necessary governmental permits and approvals for the commencement and completion of such Tenant Change; and (B) a completion and lien indemnity bond, or other surety, satisfactory to Landlord for such Tenant Change. Landlord’s approval of any contractor(s) and subcontractor(s) of Tenant shall not release Tenant or any such contractor(s) and/or subcontractor(s) from any liability for any conduct or acts of such contractor(s) and/or subcontractor(s). (d) Tenant shall pay to Landlord, as additional rent, the reasonable costs of Landlord’s engineers and other consultants for review of all plans, specifications and working drawings for the Tenant Changes which involve the Building structure, HVAC, electrical, plumbing, or security systems, within ten (10) days prior after Tenant’s receipt of invoices either from Landlord or such consultants. In addition to commencement such costs, Tenant shall pay to Landlord, within ten (10) days after completion of any Tenant Change, the actual, reasonable costs incurred by Landlord for services rendered by Landlord’s management personnel and engineers to coordinate and/or supervise any of the work thereof; (iv) the Tenant Change does not affect the mechanical, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (v) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1Changes. (be) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and first-class workmanlike manner; (iii) in compliance with all laws, rules and rules, regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990ADA; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building Project or any other building located within the ProjectBuilding, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building Project or any other building located within the ProjectBuilding; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (cf) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Apache Design Solutions Inc)

Tenant Changes; Conditions. Tenant may, at its sole cost and expense, make alterations, additions, improvements and decorations to the Premises (collectively, “Tenant Changes”) subject to and upon the following terms and conditions: (a) Tenant shall not may not, without the prior written consent of Landlord which may be withheld in Landlord’s sole and absolute (but good faith) discretion, make any alterations, additions, improvements or decorations to which: (i) affect any area outside the Premises Premises; (ii) affect the Building’s structure or the mechanical, HVAC, electrical, plumbing, sprinkler or life safety systems of the Premises, Building and/or the Project (collectively, "TENANT CHANGES," the “Systems”), equipment, services or systems, or the proper functioning thereof, or Landlord’s access thereto; (iii) affect the outside appearance, character or use of the Project, the Building or the Common Areas; (iv) weaken or impair the structural strength of the Building; (v) in the reasonable opinion of Landlord, lessen the value of the Project or Building; or (vi) will violate or require a change in any occupancy certificate applicable to the Premises. Notwithstanding anything to the contrary in this Lease and individuallysubject to Tenant’s compliance with the terms and conditions of this Section 12, Landlord hereby approves, in concept, the following Tenant Changes and agrees that Tenant shall have no obligation to remove or restore such Tenant Changes on the expiration of this Lease: (a) install a "TENANT CHANGE"door on the wall adjoining the Premises to the premises teased by Auspex, and (b) unless install a curtain fixture behind the glass wall inside the Premises. (b) Before proceeding with any Tenant Change which is not otherwise prohibited in Section 12.1(a) above, Tenant must first obtains Landlord's prior obtain Landlords written approval thereofthereof (including approval of all plans, specifications and working drawings for such Tenant Change), which approval Landlord shall not be unreasonably withholdwithheld. Notwithstanding the foregoingHowever, Landlord's ’s prior approval shall not be required for any Tenant Change which satisfies all of the following conditions (hereinafter a "PRE“Pre-APPROVED CHANGE"Approved Change”): (i) the costs of such Tenant Change does not exceed Twenty-Five Thousand Hundred Dollars ($25,000.00500.00) individually; (ii) the costs of such Tenant Change when aggregated with the costs of all other Tenant Changes made by Tenant during the Term of this Lease do not exceed One Fifteen Hundred Thousand Dollars ($100,000.001,500.00); (iii) Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; (iv) the Tenant Change is not prohibited in Section 12.1(a) above; (v) the Tenant Change does not affect the mechanicalrequire a building permit, electrical, plumbing or life safety systems of the Premises, the roof or structural components of the Premises or the exterior of the Premises; and (vvi) Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Section 12.1. (bc) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefor (or is deemed to have approved the Pre-Approved Changes as set forth in Section 12.1(b) above), Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with such contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld; and (ii) before proceeding with any Tenant Change (including any Pre-Approved Change), provide Landlord with ten (10) days’ prior written notice thereof. In addition, before proceeding with any Tenant Change, Tenant’s contractors shall obtain, on behalf of Tenant and at Tenant’s sole cost and expense; (A) all necessary governmental permits and approvals for the commencement and completion of such Tenant Change; and (B) a completion and lien indemnity bond, or other surety, satisfactory to Landlord for such Tenant Change. Landlords approval of any contractor(s) and subcontractor(s) of Tenant shall not release Tenant or any such contractor(s) and/or subcontractor(s) from any liability for any conduct or acts of such contractor(s) and/or subcontractor(s). (d) Tenant shall pay to Landlord, as additional rent, the reasonable costs of Landlords engineers and other consultants for review of all plans, specifications and working drawings for the Tenant Changes, within ten (10) business days after Tenant’s receipt of invoices either from Landlord or such consultants together with (in any event) an administrative charge of five percent (5%) of the actual costs of such work. In addition to such costs, Tenant shall pay to Landlord, within ten (10) days after completion of any Tenant Change, the actual, reasonable costs incurred by Landlord for services rendered by Landlord’s management personnel and engineers to coordinate and/or supervise any of the Tenant Changes to the extent such services are provided in excess of or after the normal on-site hours of such engineers and management personnel. (e) All Tenant Changes shall be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) lien-free and in a good and first-class workmanlike manner; (iii) in compliance with all laws, rules and rules, regulations of all governmental agencies and authorities including, without limitation, the provisions of Title III of the Americans with Disabilities Act of 1990; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant in the Building Project or any other building located within the ProjectBuilding, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building Project or any other building located within the ProjectBuilding; and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. (cf) Throughout the performance of the Tenant Changes, Tenant shall obtain, or cause its contractors to obtain, workers compensation insurance and commercial general liability insurance in compliance with the provisions of Section 20 of this Lease.

Appears in 1 contract

Samples: Office Lease (Auspex Pharmaceuticals, Inc.)

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